Decree No. 99 / 2023 Coll.
Decree amending Decree No. 104 / 1997 Coll., implementing the Road Law, as amended
Valid
Order
Effective from 15.04.2023
Text versions:
15.04.2023
14.04.2023
99
DECLARATION
of 6 April 2023
amending Decree No. 104 / 1997 Coll., implementing the Road Law, as amended
The Ministry of Transport provides for the Act No. 13 / 1997 Coll., as amended by Act No. 102 / 2000 Coll., Act No. 80 / 2006 Coll., Act No. 97 / 2009 Coll., Act No. 347 / 2009 Coll., Act No. 152 / 2011 Coll., Act No. 196 / 2012 Coll., Act No. 64 / 2014 Coll., Act No. 268 / 2015 Coll., Act No. 225 / 2017 Coll., Act No. 193 / 2018 Coll., Act No. 227 / 2019 Coll., Act No. 284 / 2021 Coll., and Act No. 178 / 2022 Coll., for Implementation § 18g. 10, § 18m. 5 and § 18n (6).
Decree No. 104 / 1997 Coll., implementing the law on road transport, as amended by Decree No. 300 / 1999 Coll., Decree No. 355 / 2000 Coll., Decree No. 367 / 2001 Coll., Decree No. 555 / 2002 Coll., Decree No. 490 / 2005 Coll., Decree No. 527 / 2006 Coll., Decree No. 317 / 2011 Coll., Decree No. 288 / 2012 Coll., Decree No. 26 / 2014 Coll., Decree No. 9 / 2015 Coll., Decree No. 338 / 2015 Coll., Decree No. 208 / 2018 Coll., Decree No. 49 / 2022 Coll. and Decree No. 268 / 2022 Coll., are amended as follows:
1. Paragraph 1, including footnote 20, reads as follows:
This decree implements the relevant provisions of the European Union20)
(a) road marking;
(b) the care and registration of the owner of the communication,
(c) the technical conditions for the connection of communications and neighbouring real estate to communications;
(d) construction works for roads;
(e) general technical requirements for communication;
(f) closures and detour and specific use of communications;
(g) the scope, method and time limits for the elimination of the rolling stock defects;
(h) communication with water courses, runways, engineering networks and other lines;
(i) vehicle control weighing; and
(j) the information form.
20) Directive 2008 / 96 / EC of the European Parliament and of the Council of 19 November 2008 on road infrastructure safety management. Directive (EU) 2019 / 1936 of the European Parliament and of the Council of 23 October 2019 amending Directive 2008 / 96 / EC on road safety management. Directive 2004 / 54 / EC of the European Parliament and of the Council of 29 April 2004 on minimum safety requirements for tunnels in the trans-European road network. '.
2. After Paragraph 1, the following Section 1a is inserted:
Preliminary provisions
(1) For the purposes of this decree:
(a) the construction of a motorway, road or local communication (hereinafter referred to as "communication"), the permanent or temporary establishment of a new communication or its changes (building adaptations) associated with the conversion of the body; The conversion of the ground body means the extension of the crown of communication, the change of the nivelette or the relocation of the axis of communication in such a way that the original external floor plan or height limits cannot be maintained;
(b) by repairing the communication of the change of the completed construction in which the external boundary of the construction is maintained and its parameters are improved and operational safety is enhanced;
(c) by maintaining communication, a set of works which maintain communication in an operational and technically satisfactory state under all weather conditions and remove defects and deficiencies by putting it into its original state;
(d) a road for motor vehicles of the road or local road, marked by the road sign "Road for motor vehicles" in accordance with specific legislation;
(e) a road with unlimited access to each road off the road for motor vehicles;
(f) non-variable parameters of the characteristics determining the transport technical state of the communication which does not change without a structural intervention (direction and height lines, width arrangement, road structure, crossing and objects),
(g) variable parameters of the characteristics determining the state of the communication, which vary over time by the effects of weather, traffic load and ageing of the material (roughness, longitudinal and transverse inequality, housing failure, load capacity, or residual life);
(h) road management systems providing up-to-date information on the state of motorways and roads to the relevant road administrations and administrations of such roads, designed to optimise construction activities on the basis of the data obtained and knowledge of available technologies, with a view to achieving the best use of the resources entered and, where appropriate, other priorities selected;
(i) vulnerable road users by pedestrians, drivers of non-motor vehicles and drivers of single-track motor vehicles.
(2) The crossing is not a level connection
(a) field or forest paths;
(b) dedicated communications which are not publicly accessible;
(c) passenger regular transport stops, fuel stations, motels, motorways, parking lots, rest stops and the like;
(d) neighbouring properties
on the road or on local communication.
(3) The separate elimination section (wedge) used for the exit of vehicles from the road or local communication to adjacent property is not an additional lane and part of the communication concerned. '
3. In the title of Part Two, the words ", 18m (5) and 18n (6) 'are inserted after the words" Paragraph 9 (6)'.
4. In the last sentence of Article 6 (1), the words ", detailed 'and the words" communications included in the trans-European road network (16)' shall be inserted after the words "extraordinary ';
5. In the second sentence of Article 7a (1), the word "ground 'shall be inserted after the word" ground' and the words "included in the trans-European road network 'shall be replaced by" subject to road safety assessment'.
6. In Article 7a, the sentence "If a security inspection of a section of infrastructure with a tunnel longer than 500 m is the subject of a security inspection of that section of infrastructure is added at the end of paragraph 1, the authorised person shall also be involved. '
7. In Article 7a (2), the word "minimum 'shall be inserted after the word" implementing'.
8. The following Sections 7b and 7c are inserted after Section 7a, including the headings:
In-service safety assessment
(Paragraph 18m (5) of the Act)
(1) Ground communication shall be assessed according to the criteria set out in Annex 12 to this Decree, with particular emphasis on the safety of movement of vulnerable road users. Ground communication shall be assessed in the division into sections defined by intersections with other roads; the intersection always belongs to only one of the consecutive sections.
(2) The assessed section of the motorway is assessed as the section with
(a) a high level of safety if the relative accident rate does not exceed 0,19 and can be assessed in accordance with the cumulative assessment according to the other criteria;
(b) a medium level of safety if the relative accident rate exceeds 0,19 and does not exceed 0,79 and can be assessed as a intermediate or high level of safety section according to the cumulative assessment according to the other criteria; or
(c) a low level of safety if the relative accident rate exceeds 0,79 or can be assessed on the basis of a cumulative assessment according to the other criteria.
(3) The assessed section of the first class of road with directionally separated traffic belts shall be considered as a section with:
(a) a high level of safety if the relative accident rate does not exceed 0,34 and can be assessed in accordance with the cumulative assessment according to the other criteria;
(b) a medium level of safety if the relative accident rate exceeds 0,34 and does not exceed 1,83 and can be assessed as a intermediate or high level of safety section according to the cumulative assessment according to the other criteria; or
(c) a low level of safety if the relative accident rate exceeds 1,83 or can be assessed on the basis of a cumulative assessment according to the other criteria.
(4) The assessed section of the first class of road without directionally separated belts is assessed as a section with
(a) a high level of safety if the relative accident rate does not exceed 0,32 and can be assessed in accordance with the cumulative assessment according to the other criteria;
(b) a medium level of safety if the relative accident rate exceeds 0,32 and does not exceed 1,27 and can be assessed as a intermediate or high level of safety section according to the cumulative assessment according to the other criteria; or
(c) a low level of safety if the relative accident rate exceeds 1,27 or can be assessed on the basis of a cumulative assessment according to the other criteria.
(5) The assessed section of the 2nd class road is assessed as a section with
(a) a high level of safety, provided that the relative accident rate does not exceed 0,44 and can be assessed on the basis of a cumulative assessment according to the other criteria;
(b) a medium level of safety if the relative accident rate exceeds 0,44 and does not exceed 1,75 and can be assessed as a intermediate or high level of safety section according to the cumulative assessment according to the other criteria; or
(c) a low level of safety if the relative accident rate exceeds 1,75 or can be assessed on the basis of a cumulative assessment according to other criteria.
(6) The assessed section of the 3rd class road shall be classified as a section with:
(a) a high level of safety if the relative accident rate does not exceed 0,21 and can be assessed on the basis of a cumulative assessment according to the other criteria;
(b) a medium level of safety, where the relative accident rate exceeds 0,21 and does not exceed 1,21 and can be assessed as a intermediate or high level of safety section according to the cumulative assessment according to the other criteria; or
(c) a low level of safety if the relative accident rate exceeds 1,21 or can be assessed on the basis of a cumulative assessment according to other criteria.
Subject of detailed examination
(Paragraph 18n (6) of the Law)
The subject of the detailed examination shall be the assessment of the infrastructure sections in accordance with the criteria set out in Annex 13 to this Regulation. ';
9. in § 13 (1) and (2), the text "§ 1" is replaced by "§ 1a."
10. The heading of Section 37 reads:
"Subject matter of infrastructure safety audit
(K § 18g (10) of the Act) '.
11. in Paragraph 37, the words "Minimum range" shall be replaced by the words "subject," the words "given" shall be replaced by the words "assessment of the draft dossier or construction, at least according to the criteria set out" and the text "No 12" shall be replaced by "No 14."
12. in Article 38a (1) (b), the words "with particular regard to vulnerable road users" shall be inserted after the word "traffic."
13. The following Section 38c is inserted after § 38b, which includes the title:
Criteria for assessing the expected impacts of the planned road safety project
(K § 18g (10) of the Act)
The criteria for assessing the expected impacts of the planned road safety plan are:
(a) the prevailing nature of the transport, the nature of the operation on the section or in the area affected by the construction;
(b) the total traffic intensity and share of freight transport over 3,5 tonnes, the composition of road users, including vulnerable road users, in the area addressed;
(c) the number and severity of accidents on the current infrastructure to be replaced or renewed over a period of at least the previous 3 years;
(d) the expected impact of the project in terms of improving the parameters of the storage elements of the communication at risk from the point of view of accident and comparing the different options of the solution, if considered, with possible developments if the project is not implemented;
(e) the expected accident endpoints in the different options of the solution, if any, and a comparison with possible developments where the project is not implemented;
(f) density of realised connections to and types of connections, relative comparison of the number of connections to the length of the infrastructure;
(g) adaptation of each variant, if any, to seasonality and climatic conditions;
(h) the possibility of unsetting vehicles for the implementation of a security break in the vicinity of the section, whether existing or demonstrably planned; and
(i) other circumstances which may affect road safety. ";
14. In Annex 6 and Annex 8, the words "and connections' are deleted.
15.
"Annex No 12 to Decree No 104 / 1997 Coll.
Criteria for assessing road safety in terms of the risk of accidents and the severity of their impact
(Paragraph 18m (5) of the Act)
1. the total intensity of road motor transport and the share of freight transport over 3.5 tonnes on the section under consideration according to the last traffic census carried out
2. the intensity of movement of vulnerable road users
3. Relative Accident R calculated using the formula
R = N. 106365.I.L.t,
where: N is the number of accidents over the reference period, I is the annual average of daily effort from the last traffic census performed or available [number of vehicles / 24 hours], L is the length of the section [km] and t is the reference period [year]
4. assessment of the adequacy of installed vertical and horizontal traffic signs
5. assessment of the transport technical condition of the infrastructure
6. other circumstances which may affect the safety of the infrastructure '.
16. the following Annexes 13 and 14 are inserted after Annex 12:
"Annex No 13 to Decree No 104 / 1997 Coll.
Criteria for assessing the infrastructure section in the context of a detailed inspection
(Paragraph 18n (6) of the Law)
1. construction-technical condition of the infrastructure
2. assessment of the adequacy of installed vertical and horizontal traffic markings
3. means of ensuring the transition of communication to the built-in territory
4. means of ensuring the safety of movement of vulnerable road users in relation to their intensity
5. density of realised connections and types of connections, relative comparison of the number of connections to the length of the infrastructure
6. an assessment of the level of safety of the level crossing, the angle of crossing and the adequacy of the viewing conditions, if a level crossing is located on the road
7. the occurrence of bridges and tunnels on the section under consideration and the assessment of the impact of the construction-technical state of the bridge or tunnel on infrastructure safety
8. Fixed obstacles close to the infrastructure and indicating whether they are protected by guardrails, railing or other passive safety features or not
9. The state of road vegetation with a particular focus on vegetation affecting viewing conditions
10. other circumstances that may affect the safety of infrastructure
Příloha č. 14
Annex No 14 to Decree No 104 / 1997 Coll.
Subject matter of road safety audit
I. Criteria for assessing draft project documentation
1. Clear and general situation of communication construction, seasonal and climatic conditions and weather conditions
2. Arrangements of crossroads and level crossings and their distances
3. Width configuration of the communication area
4. Adequacy of the selected communication design category with regard to downstream sections and expected track and traffic current intensity
5. Method of integration of the construction in question into the existing network, including impact assessment on communication safety
6. Basic transport engineering characteristics of the proposed construction
7. Directional and height line of the route and their combinations
8. View ratios
9. Means of ensuring the transition of communication to the built-in territory
10. The needs of road users, particularly vulnerable road users
11. Options and impacts of public transport
II. Criteria for assessing project documentation design
1. Parameters of design elements, including ground body and drainage
2. Accuracy, logical continuity and consistency of vertical and horizontal traffic markings, including overtaking
3. View ratios
4. The immediate surroundings of communication and solid obstacles
5. Lighting
6. Elements green
7. The needs of road users, especially vulnerable road users
8. Parking and weaning areas
9. Application of passive security elements
10. Possible local and transitional arrangements for communication
11. Results of the previous infrastructure safety audit phase
III. Criteria for assessing the construction carried out for the test operation
1. Safety of road users, in particular vulnerable road users, and visibility under different conditions
2. The correct use and execution of road signs and accessories, including light signalling equipment used to control traffic in the motorway and road section
3. Road status
4. Draining
5. Existing fixed obstacles
6. Visibility and viewing ratios
7. Application of passive security elements
8. Transposition of elements in green
9. Results of previous phases of infrastructure safety audit
IV. Criteria for assessing completed construction for approval
1. Total road safety
2. Situation of broader communication relations
3. The needs of all road users, in particular vulnerable road users
4. Visibility and viewing ratios
5. The immediate surroundings of communication and solid obstacles
6. Application of passive security elements
7. Accuracy, consistency and logic of transport markings
8. Results of previous phases of infrastructure safety audit '.
Efficacy
This Decree shall take effect on the day following that of its publication.
Minister:
Kupka v. r.
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Regulation Information
| Citation | Decree No. 99 / 2023 Coll., amending Decree No. 104 / 1997 Coll., implementing the Road Law, as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.04.2023 |
|---|---|
| Effective from | 15.04.2023 |
| Effective until | - |
| Status | Valid |
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