48/2016 Sb.
LAW
of 13 June. January 2016,
amending Act No. 361/2000 Coll., on the road
roads and on changes of some acts (law on road traffic)
as amended, Act No. 247/2000 Coll. on obtaining and
improvement of professional competence for the control of motor vehicles and
amendments to certain laws, as amended, and Act No.
200/1990 Coll. on offences, as amended
Parliament has passed the following Act of the Czech Republic:
PART THE FIRST
The amendment to the law on road traffic
Article. (I)
Act No. 361/2000 Coll., on the road, and about the changes
Some laws (the law on road traffic), as amended by Act No.
60/2001 Coll., Act No. 478/2001 Coll., Act No. 62/2002 Coll., Act No.
311/2002 Coll., Act No. 320/2002 Coll., Act No. 436/2003 Coll., Act No.
53/2004 Coll., the Act No. 229/2005 Coll., Act No. 411/2005 Coll., Act No.
76/2006 Coll., Act No. 226/2006 Coll., Act No. 264/2006 Coll., Act No.
342/2006 Coll., Act No. 170/2007 Coll., Act No. 215/2007 Coll., Act No.
374/2007 Coll., Act No. 124/2008 Coll., Act No. 274/2008 Coll., Act No.
480/2008 Coll., Act No. 227/2009 Coll., Act No. 281/2009 Coll., Act No.
424/2010 Coll., Act No. 133/2011 Coll., Act No. 297/2011 Coll., Act No.
329/2011 Coll., Act No. 341/2011 Coll., Act No. 375/2011 Coll., Act No.
18/2012 Coll., Act No. 119/2012 Coll., Act No. 193/2012 Coll., Act No.
197/2012 Coll., Act No. 390/2012 Coll., Act No. 396/2012 Coll., Act No.
101/2013 Coll., Act No. 233/2013 Coll., Act No. 239/2013 Coll., Act No.
300/2013 Coll., Act No. 64/2014 Coll., Act No. 230/2014 Coll., Act No.
249/2014 Coll. and Act No. 268/2015 Coll., is hereby amended as follows:
1. At the end of footnote No 47, the following words:
"Directive of the European Parliament and of the Council 2003/59/EC of 15 December 1997. July
2003 on the initial qualification and periodic training of drivers of certain
road vehicles for the carriage of goods or passenger transport and amending Regulation
Council Regulation (EEC) No 3820/85 and Council Directive 91/439/EEC and repealing Directive
Council 76/914/EEC.
Commission Directive 85/2014/EU from day 1. July 2014, amending
European Parliament and Council Directive 2006/126/EC on driving
licences. ".
2. In section 2 (a). (h)), after the words "non-motorised vehicle is the", the words
"trailer and".
3. In section 2 (a). j), the words "or roller skates" shall be replaced by the words
"roller skates or similar sports equipment".
4. In section 2 (a). t), the words "other than a two-wheel (motorcycle)"
shall be deleted.
5. In section 2, at the end of the letter mm) dot is replaced by a comma and the following
Letter nn), which read:
"nn) personal technical resource is personal with trailer
samovyvažovacím device, or similar device. ".
6. In section 3, paragraph 3 shall be inserted after paragraph 4 and 5 are added:
"(4) drive a motor vehicle is included in the Group of vehicles of C1, C1 + E, C,
C + E, D1, D1 + E, D or D + E may only a person who is professionally
eligible for the driving of such vehicles in accordance with special legislation ^ 4)
or on the basis of the decision of the competent authority of another Member State
or the Swiss Confederation. Professional competence to control vehicle
included in some of the categories C1, C1 + E, C and C + E shall be valid for the management
the vehicle included in any of these groups. Professional competence
to control the vehicle included in any of the categories D1, D1 + E, D and D + E
apply for driving a vehicle listed for any of these groups.
(5) the condition of professional competence referred to in paragraph 4 shall not apply to
the driver, who is not a citizen of the Czech Republic, the Swiss Confederation or
another Member State and which does not work for the dependent
an employer established in the territory of one of these States or on this
the territory of the business, and also on the driver
and) vehicles whose maximum authorised speed not exceeding 45 km h-1,
b) vehicles used by the armed forces of the Czech Republic, Police
The Czech Republic, municipal police, the prison service of the Czech Republic,
The customs administration of the Czech Republic, the General inspection of security forces
and the intelligence services of the Czech Republic,
c) vehicles, fire brigade and units of the Czech Republic
fire protection, emergency medical service providers and Administration
State material reserves,
d) vehicles used in civil protection and assurance of mining
emergency services,
e) vehicles in test operation and when the test run in the context of the
their repair and maintenance
f) vehicles used in training and tests in obtaining and
improving the competence of drivers of motor vehicles according to
special legal regulation ^ 4),
g) vehicles used in the transport of goods, which the driver will use when
performance of their dependent work or business, if the control is not the main
the subject of dependent work or business performance drivers
h) vehicles used for own needs, or
I) agricultural and forestry tractors ".
The current paragraph 4 shall become paragraph 6.
7. In section 5, the dot at the end of paragraph 2 is replaced by a comma and the following
the letters h) to (j)) are added:
"h) compromise the cyclist přejíždějícího road at the crossing for
cyclists,
I) to drive the vehicle on which they are dirt, ice, or snow, which
preventing vision from the driver's forward, backward and sideways,
j) to drive the vehicle, on which or on which the cargo is led, which when
the release could endanger the safety of traffic on the road. ".
8. In section 6 (1). 7 (c)):
"(c)) pass RWC or similar document issued by the
another Member State or the Swiss Confederation, subject to
It § 3 (3). 4; This shall not apply where the record of professional competence in the
the driving licence ".
Footnote 9 is deleted.
9. In section 6, paragraphs 8 to 10 shall be deleted.
Paragraphs 11 and 12 shall become paragraph 8 and 9.
10. In section 6 paragraph 8 is added:
"(8) the driver of a motor vehicle is required to submit the documents referred to in
paragraph 7 to call the police, the military police officer, officer of the municipal
uniformed police or customs officer in uniform to check. ".
11. In section 6a of paragraph 1. 1 the introductory part, the words "the provisions of section 6 (1). 13. "
replaced by the words "§ 6 (1). 9. "
12. in section 6a, the following new section 6b and 6 c shall be inserted:
"§ 6b
(1) If, during the inspection of the technical condition of the vehicle, or combination of
Sets or in clearing dangerous accident glitch
due to its nature or scope significantly increases the risk
safety on the road or at adverse effects
operation of the vehicle or combination of vehicles on the environment, it shall withhold
the police officer a certificate of registration of the vehicle the reporting such defects and
issues about the driver of the vehicle or its operator, if present,
the document. Evidence of the detention of the registration certificate of the vehicle the police officer
issue, even if the certificate cannot be detained on the grounds that the driver is not for
themselves.
(2) in the document about the detention of the vehicle registration certificate referred to in paragraph
1 police officer shall
and identifying information retained) a certificate of registration of the vehicle,
(b)) the deficiencies referred to in paragraph 1,
(c)) an indication of whether the certificate was seized in a vehicle registration
check the technical condition of the vehicle or combination of vehicles or for
clearing traffic accident
(d) the competent authority) to return the seized vehicle registration certificate,
(e) the lessons about the consequences of detention) of the registration certificate of the vehicle and
the conditions of his return, and
f) in the event that the registration certificate of the vehicle could not withhold from
the reason that the driver of the vehicle is not in itself, an indication of that fact.
(3) the Retention of vehicle registration certificates shall be sent together with a copy of the police
evidence of his detention, without undue delay, no later than the following
working day after the date of his arrest, the municipal office municipality with extended
competent jurisdiction to write data to the registry on the vehicle
road vehicles under special legislation ^ 38b) or
the Ministry is not such an Office. If there is no evidence of detention certificate
vehicle registration issued pursuant to paragraph 1 to the operator of the vehicle,
Police will send a copy of the document at the same time also to the operator
of the vehicle.
(4) If a certificate of registration of the vehicle, as in the findings
the reason for his detention is the driver of the vehicle does not have, is the operator of
the vehicle shall be obliged to surrender the certificate within 5 working days from the date of
the issue of the proof of his detention or of the delivery of a copy of this document
the competent authority referred to in paragraph 3. A police officer in the exercise of supervision over the
safety and smoothness of traffic on the road retained
certificate of registration of the vehicle, which has not yet been delivered, and shall send to the
is not later than the next working day to the competent authority; to the person who
should the certificate, issue a document about it. If such a certificate of
vehicle registration is submitted to the control of the municipal police officer, is
the policeman is obliged to summon the police, and the driver is obliged to remain on the spot
to the arrival of the police.
(5) paragraph 1 shall not apply to vehicles of the essential components of an integrated
rescue system, the vehicle of the armed forces, vehicles news
services and mountain rescue service vehicles.
(6) a dangerous defect, which due to its nature or extent
significantly increase the threat to safety on the road
or the adverse effect of the operation of a vehicle or combination of vehicles on
the environment, and the models of documents about the detention of the registration certificate
vehicles referred to in paragraphs 1 and 4 shall be defined by implementing legislation.
§ 6 c
(1) the authority, which has withheld the certificate of registration of the vehicle in accordance with section
6B, paragraph. 3 or 4 sent or delivered, returns to the operator of a vehicle
certificate of vehicle registration withheld at his request, if
the applicant technical inspection protocol that
and) dangerous deficiencies found during the inspection of the technical condition of the vehicle
or the combination have been removed, or
(b)) the vehicle is technically eligible for use on the road,
in the case of dangerous defects identified during the clarify traffic accident.
(2) If a request is received by the Ministry in accordance with paragraph 1 within 30 days from the date of
the delivery of the certificate of registration of the vehicle seized, shall send the
certificate to the competent central authority of the State, that the certificate of
vehicle registration issued.
(3) the Protocol on technical inspection proving troubleshooting, for
which the registration certificate of the vehicle seized, replaced after a period of 5
working days of the registration certificate of the vehicle seized. ".
13. In section 12, paragraph. 2 the last sentence, the words "vehicle and motorcycle"
shall be replaced by "vehicle, a motorcycle" and the words "45 km h-1"
the words "and the cyclist".
14. In section 14 is at the end of the text of paragraph 1, the sentence "shall be added lanes
You cannot reserve for motorcycles. ".
15. In article 14, the following paragraph 5 is added:
"(5) If a marked traffic lane horizontal road signs as a
traffic lane for cyclists, bikers and drivers of other
vehicles, paragraphs 1 to 3 apply mutatis mutandis. On the traffic lane for cyclists may be the driver
another vehicle to enter also in the longitudinal direction, if not adjacent
lanes wide enough for this vehicle. When entering on bicycles
list for cyclists must not compromise the driver of a moving cyclist in this
Lane. ".
16. In section 18, paragraph. 9, the words "the provisions of paragraphs 3, 4 and 8" shall be replaced by
the words "the highest permitted speed in accordance with paragraphs 3, 4 and 8, and the highest
leave the speed specified by local or temporary modification of traffic on
road safety ".
17. In § 21. 5 (a). 6, after the words "traffic lane reserved for"
the words "and moving in the lane for cyclists".
18. In section 27. 1 at the end of the text of the letter i), the words "and
lane for cyclists ".
19. In section 27, the following paragraph 6 is added:
"(6) a prohibition of stopping and standing in accordance with paragraph 1 shall not apply to the driver
vehicles of security forces, the armed forces and the military
intelligence in the performance of his official duties, the driver of the vehicle to the municipal
the police in the exercise of its competence and drivers of vehicles the fire units
protection, medical emergency services and mountain rescue services
incidents ^ 8a). The driver of the vehicle is at standstill and parking
required to take the measures necessary to ensure that do not endanger the safety and
traffic flow on the road or to such threats as
the most toned down. "
20. The group heading above section 39:
"Traffic in the residential, pedestrian and cycling zone".
21. under section 39 shall be added to § 39a is added:
"§ 39a
(1) the Mountain zone is the area, whose beginning is marked by the traffic
the brand name "Zone for cyclists", and the end is indicated by a traffic sign "end
zone for cyclists ".
(2) in the bicycle zone may use the roadway across the cyclists to its width,
and are not covered by section 57 paragraph. 2 and 3.
(3) Other vehicles than the bicycles is the entrance to the cycle zone
allowed only if they are indicated in the bottom part of the traffic signs
in accordance with paragraph 1.
(4) in the cycle zone may be the driver of the jet velocity not exceeding 30 km h-1.
Must be mindful of the increased attention to cyclists, which must not
compromise; in the case of necessity must stop the vehicle. Parking is allowed
only at the places designated as parking.
(5) in the cycle zone must allow cyclists, motor vehicles
ride. ".
22. section 40:
"§ 40
(1) unless otherwise provided for in this section shall apply to the operation of the residential,
walking and cycling zone the other provisions of this Act.
(2) if allowed cyclists on the sidewalk or footpath for pedestrians,
apply for their movement § 39, paragraph. 5 and 7 by analogy. ".
23. In section 41, paragraph. 2 letter e) is added:
"(e)) used by the Fire Rescue Corps of the Czech Republic, or
fire protection units, which are not part of the fire
the Rescue Corps of the Czech Republic, ".
24. In section 45, paragraph 4 reads:
"(4) if it is an obstacle to the operation of the vehicle on the road, shall decide on the
his removal of the police officer or municipal police officer, while in the case
on the highway, shall ensure the removal of the vehicle to challenge the police some of the persons
referred to in paragraph 1; the vehicle shall be removed at the expense of his
operator. ".
25. In § 52 paragraph 7 the following paragraph 8 is added:
"(8) the sender is obliged to transmit the cargo for carriage in such a State, and
in such a way that allows you to meet the requirements of the management,
the location and the consolidation of cargo referred to in paragraphs 1, 2 and 7. ".
The present paragraph 8 shall become paragraph 9.
26. In section 53, the following paragraph 9 is added:
"(9) if the pedestrian outside the village of reduced visibility after the
the shoulder or around the edge of the road at the site, which is not explained in the public
the lighting is required to have on the elements of the retroreflexního material
located so as to be visible for other participants of traffic on
Road. ".
27. In section 57, paragraph. 1, after the words "traffic lane for cyclists"
the words "dedicated lanes for cyclists".
28. In section 57, paragraph. 2 the word "roadway" shall be replaced by "ground
communication ".
29. In section 57, at the end of paragraph 4, the following sentence "this does not apply,
If the vehicle turns to the right and gives the sign of a change of direction. ".
30. In section 57, at the end of paragraph 5, the following sentence "if it is in the place of crossing
trails for pedestrians and cyclists with different roads set up pool
a pedestrian crossing and crossing for cyclists, shall apply in relation to the
This sdruženému a pedestrian crossing and crossing for cyclists, for
individual participants in the traffic on the road by analogy
the provisions governing the behavior of participants on the operation of the gradient for the
pedestrians and crossing for cyclists ".
31. In section 57, paragraph. 7 the word "Timetable" shall be replaced by the words "Dedicated
the combination ".
32. In section 57, paragraph. 7 "3, 5 and 6 ' shall be replaced by the words" 2, 3, 5 and 6 ".
33. In paragraph 57. 8 the first sentence, the words "to change" shall be replaced by "to the
the sudden change ".
34. the following section is inserted after section 60, 60a, which including the title:
"§ 60a
The use of a personal-facing horses
(1) on the passenger-facing horses with samovyvažovacím device or similar
technical equipment (hereinafter referred to as "personal trailer") can be on the sidewalk,
the trail for walkers, trail for pedestrians and cyclists, or on a separate lane
for walkers on the trail for pedestrians and cyclists or walking and accommodation
zones move no more than a speed comparable to the speed of the walk. For
crossing the carriageway on the personal-facing horses with § 54 paragraph. 2 to 4 shall apply mutatis
Similarly. If it is closer than 50 m to the intersection with controlled operation or
pedestrian crossing, the person in the passenger-facing horses running over the roadway
only at these locations. For crossing the railway crossing on the personal
-facing horses with section 55 shall apply mutatis mutandis.
(2) for the use of the lane reserved for cyclists, the trail for
cyclists or a separate lane for cyclists on the trail for pedestrians and
cyclists in the personal-facing horses section, paragraph 57. 2, 3 and 8 and § 73
shall apply mutatis mutandis.
(3) where there is no pavement, footway, footpath for pedestrians and cyclists,
traffic lane reserved for cyclists or trail for cyclists or where is
the pavement of the population may be the person on a personal-facing horses move around
the left shoulder or as close as possible to the left edge of the road. The person on the
personal-facing horses in this case can only individually
behind him; § 53 paragraph. 9 shall apply mutatis mutandis.
(4) a person must not, at the personal-facing horses on the sidewalk, path for pedestrians,
the trail for pedestrians and cyclists, the lane reserved for cyclists
or trail for cyclists or on foot and in residential zones endanger
pedestrians or cyclists. When passing over the road on a personal-facing horses are
§ 5 (3). 2 (a). f) to (h)) shall apply mutatis mutandis.
(5) the municipality may by regulation define on their territory, the place where the operation is
personal-facing horses on the sidewalk, path for pedestrians, the pedestrian trail
and cyclists, on a separate lane for pedestrians on the trail for pedestrians and
cyclists, on pedestrian and residential zones or roadway is prohibited.
(6) in the case of the delimitation of the territory where the pursuit of personal
-facing horses on the sidewalk, trail for walkers, trail for pedestrians and
cyclists on a separate lane for pedestrians on the trail for pedestrians and
cyclists, on pedestrian and residential zones or roadway is prohibited, is a village
required to indicate the territory of the traffic sign.
(7) a prohibition on the operation of passenger-facing horses saved municipalities regulation
It does not apply to the police of the Czech Republic and municipal police in the performance of
of their duties; a person using a personal trailer is, however, required to
endanger the safety and fluidity on the road. ".
35. In section 79 at the end of paragraph 1, the period is replaced by a comma and the following
the letters m and n)) are added:
"m) the one who is mentioned in the authorization of the special use of the infrastructure
's objective of organizing sport, cultural, religious, entertainment or
similar action under the Act on the road, has reached the age of 18
years,
n) one who is listed in the authorisation of special use according to the law of
the road as escorts during transport, especially heavy or
large articles. ".
36. In section 79, paragraph 7, the following paragraph 8 is added:
"(8) a person referred to in paragraph 1 (b). m) and (n)) shall have in the performance of
permission to use a copy of the authorization of the special, which is listed as a
the person responsible for the progress of the special use of the infrastructure or
as an escort in the transport of particularly heavy or large objects, and
must be visibly marked. Is this person on request
required to prove to the officer a copy of the authorisation of special use. ".
The present paragraph 8 shall become paragraph 9.
37. In § 79 paragraph. 9 the words ' i) and (j)) "shall be replaced by ' i), (j)), m)
n) ".
38. In section 81, paragraph. 1 (c)) shall be deleted.
Existing subparagraph (d)) to (j)) are renumbered as paragraphs (c) to (i))).
39. In paragraph 83. 6 (a). (b)) the introductory part of the provisions, the words "if it is
the holder of a certificate of professional competence of the driver "shall be replaced by the words" If the
professionally qualified ".
40. In section 84, paragraph. 2 the words "(hereinafter referred to as" testimonial ") ' shall be deleted.
41. In section 86, paragraph. 6 (a). (b)), point 2 is added:
"2. in the basic range, in the case of a driving licence for category D
and (D) + (E) and its holder has reached the age of 23 years, or, if the vehicle is governed by the regular
the passenger traffic and the route of the line does not exceed 50 km, 21 years. ".
42. In Section 87a paragraph 6 is added:
"(6) the Ministry shall withdraw the accreditation for the implementation of the transport
a psychological examination, if the holder does not meet the condition for its
the grant referred to in paragraph 5 (a). (d)) or if a repeated or
particularly seriously its obligation pursuant to this Act, which
refers to the activities of the holder of the accreditation. ".
43. under Section 87a 87b new section inserted and 87c are inserted:
"§ 87b
(1) the examination shall be determined exclusively on the psychological mental
eligibility for driving motor vehicles (hereinafter referred to as "psychic
eligibility ").
(2) a person with psychological examination of transport under Section 87a
paragraph. 3 submit a testimonial about a passenger, a psychologist of the examination
medical fitness, which is not older than 30 days.
(3) on the outcome of the examination carried out exclusively on the psychological issues
the psychologist assessed person a written testimonial. From the conclusion of the report must be
clearly, whether the person concerned is mentally fit for motor control
vehicles, mentally capable of driving vehicles with the condition
or mentally unfit to drive motor vehicles. A copy of the
the report shall be sent a psychologist within 5 working days from the date of implementation of the examination
Municipal Office municipality with extended powers to the competent according to the normal
place of residence or place of study considered people.
(4) a psychologist keeps records of traffic on the psychological
examinations, in which records the name, where applicable, the name, surname,
the address of the place of residence and social security number or date of birth of the persons to be assessed,
If her social security number was not assigned, the date and time of the start and end
exclusively on psychological examinations, documents and records of the progress and
the results of the psychological examination, a copy of transport issued the report and
where appropriate, information about sending a copy of the report to the municipal office municipality with extended
scope. The information, documents and records of traffic psychological
examinations are maintained for at least 5 years from the date of its implementation.
(5) the scope, content and method of carrying out transportation of psychological testing
and an opinion on the outcome of the traffic pattern of psychological examination lays down
the implementing legislation.
§ 87c
(1) If a person Is assessed according to the issued an opinion on the outcome of the transport
psychological examination of mentally fit for motor control
vehicles with the condition or mentally unfit to drive motor
vehicles, the transport of the psychological examinations carried out
before the expiry of 3 months from the date of its release, with the exception of the review
issued the report.
(2) if the person concerned does not agree with the conclusions of the report on the outcome of
transport of psychological examination, may, within 10 working days from the date of
his edition of the lodge on his review of the Ministry. The Ministry of
shall designate within 15 working days from the delivery of the proposal on the review of the issued
opinion of the Commission, composed of 3 accredited psychologists, which made
easily examine psychological examination and its results shall confirm or
issue a new opinion. A member of the Commission may not be a psychologist, which issued the
under review.
(3) a psychologist who issued the report under review, submit a challenge
the Department of the Commission all the information, documents and records of
traffic psychological examination within 5 working days from the date of delivery of the
challenges. The Commission made traffic psychological examination will examine to
10 working days from the date of transmission of the documents. If you cannot, on the basis
to assess the eligibility of the supporting documents transmitted by the psychological relationships,
the Commission shall to the extent of the new traffic psychological
examination.
(4) if the obligation to pass the documents referred to in paragraph 3,
the Commission shall in the framework of the review within 10 working days from the date of expiry of the
deadlines for the submission of supporting documents for the new transport psychological examination.
(5) the cost of the review of the report on the result of traffic psychological
the examination shall be borne by the person concerned. The cost of transportation and the psychological
the examination referred to in paragraph 4 shall be borne by the psychologist, who under review testimonial
released. ".
44. In the second subparagraph of section 90. 2 (a). (b)), after the words "of the categories B, B + E, C, C + E, C1,
C1 + E, D, "the following text" D + E ".
45. In paragraph 92. 7, the words "paragraph. 1 "shall be deleted.
46. In section 102 paragraph. 6 the word "health" is replaced with the word "psychological".
47. In section 118a, paragraph. 1 at the end of subparagraph (h)), the comma shall be replaced by the dot and
the letter i) is hereby repealed.
48. In section 119 is at the end of paragraph 2, the period is replaced by a comma and the following
Letter t), which read:
"t) records of traffic carried out psychological examination.".
49. In the heading of section 123, the words "and the central register of traffic accidents"
shall be deleted.
50. Article 123, paragraph 3 is deleted.
Paragraphs 4 and 5 shall become paragraphs 3 and 4.
51. In paragraph 123. 4, the words "details" are replaced by "and
the details of the "and the words" and the method of transmission of the documents to the central register
traffic accidents ' shall be deleted. ".
52. In paragraph 123d. 3, the words "the submission of the report of the health
eligibility, including transportation and psychological examination "shall be replaced by the words
"proof of medical and psychological fitness".
53. In paragraph § 123f. 4, the words "where the driver objected to carried out
the record, which was reached a total of 12 points "shall be replaced by the words
"If a driver after reaching a total number of 12 points the objections against
carried out a record points ".
54. Article 124 paragraph 8 is added:
"(8) the Ministry of the Interior cooperates with the Ministry for the implementation of the
prevention in the area of traffic safety on the road. ".
55. In section 124, paragraph. 10 Letter j) is added:
"j) decide on the removal of the vehicle, if it is an obstacle to the operation on the ground
communication procedure according to section 45, paragraph. 4, or vehicles that illegally
It stands on a dedicated parking lot ".
56. In paragraph 124. 10 (a). l), the words "under section 125a" shall be replaced by the words
"under section 124a".
57. In section 124 at the end of paragraph 10, the dot is replaced by a comma and the following
the letters m and n)) are added:
"m) hold a certificate of registration of the vehicle according to § 6b,
n) to ensure the vehicle or of the registration certificate of the vehicle under section 124 c. ".
58. under section 124, the following new sections 124a to 124 c, including the headings
added:
"the section 124a
The collection of the deposit
(1) a police officer is in the surveillance of the safety and traffic flow on
the road shall be entitled to select bail ranging from 3 500 CZK
50 000 Czk from the driver, who is suspected of having committed an offence under the
This law, if there is reason to suspect that will avoid the procedure for
offence or that the eventual recovery of the fine has been associated with
unfair costs, or not at all possible.
(2) the amount of the deposit shall not exceed the highest assessment of a fine, which can be used for
Save the offence.
(3) when selecting a bail officer shall instruct the driver about the purpose of the collection of the deposit and
conditions of reimbursement and issue in 3 copies of the written confirmation of the
a collection of the deposit, which must be the reason for selecting the deposit, the
above and the administrative authority which is competent to conduct proceedings for the offence.
(4) a police officer shall retain a copy of the selected 1 to the deposit for
accounting purposes the police, 1 copy 1 copy 1 passes to the driver and shall transmit to the
along with the bailouts, no later than the following working day of the administrative authority,
who is competent to conduct proceedings for the offence.
(5) Bail cannot be selected from persons
and enjoying immunities and privileges) by the law or international law,
(b)) whose conduct is not having the character of the offence under the law on
Offences Act,
c) suspected of having committed offence, does not reach the maximum acreage
the fine for this offense, at least 5, 000 Czk.
section 124b
Return, netting and the forfeiture of the deposit
(1) the deposit is returned in full, if the driver was not in control of the offense
found guilty of a criminal offence.
(2) where in proceedings for the offence and the penalty imposed on the drivers responsibility to
payment of costs of the proceedings, the administrative authority shall decide the composite deposit
on payment of the fine and costs. If the selected deposit higher
than the fine and costs, returns to the driver part of the deposit
the remaining after the payment of a security deposit on the fine and costs
the proceedings.
(3) the deposit will be forfeited if not
and stop control in the decision) because the suspect of an offence
is unreachable or idle, or
(b)) judgment, which the driver was found guilty, cannot be delivered from a
the reasons referred to in subparagraph (a)).
(4) returns to deposit or its part, the administrative authority without
undue delay of the driver to pick up the deposit or part of it or to
the communication of the necessary data of the bank account on which you can bail, or its
part of the return. The call is delivered into their own hands. Deposit or its part
forfeited, if it's required the driver to 1 year from the date of receipt of the request
or unless within that period the necessary bank account information.
If you fail a challenge deliver, or part of the deposit shall be forfeited,
If it does, the driver within 2 years from the date of despatch of the call or
unless within that period the necessary bank account information.
(5) the deposit is Forfeited income budget, from which is covered by the activities of the
the administrative authority which is competent to conduct proceedings for the offence.
section 124 c
Ensure the vehicle
(1) If a police officer Is entitled to bail and bail to select the driver for the challenge
fails, a police officer told the driver to drive to the nearest place from the point of view
Security and the flow of traffic on the road appropriate to the
immobilisation of the vehicle and
and shall ensure that the vehicle using technical) device or its separation,
or
(b)) disables continue to run and shall ensure that the drivers of the registration certificate
of the vehicle.
(2) when the procedure referred to in paragraph 1 the driver shall instruct the policeman about the conditions
the release of the vehicle or return the registration certificate of the vehicle and issues a
in 3 copies of the confirmation of the seizure or the certificate of
the registration of the vehicle. The acknowledgement shall state the reason of the collateral, the reason for the imposition of
the deposit and its amount and the administrative authority competent to conduct proceedings on
of the offense. For dealing with confirmation and is secured by a
vehicle registration with section 124a of paragraph 1. 4 apply mutatis mutandis.
(3) in the case of vehicles, or of the registration certificate of the vehicle can be
the police bail or before an administrative authority competent to conduct
proceedings for the offence. The authority that the bail, about the driver issue
written confirmation; on the contents of the confirmation section 124a, paragraph. 3 apply
Similarly. The police shall forward the deposit not later than the following working
day of the administrative authority which is competent to conduct proceedings for the offence.
(4) the administrative authority competent to conduct proceedings for the offence or the police,
If it is not an administrative authority competent to conduct proceedings on
the offense, the driver returns immediately secured a certificate of registration
the vehicle shall be released immediately and the police secured the vehicle drivers or its
the operator, if the
the deposit was lodged),
(b)) in the driver was not found guilty of the offence of criminal offence,
(c)) was paid the fine and costs imposed in proceedings for an offence,
or
(d) responsibility for the offense) be allowed to lapse.
(5) Ensure and return of the certificate of registration of the vehicle shall notify the
without delay to the authority which carried out the Act to the competent administrative authority
to the management of the registry of vehicles. ".
59. section 125a is hereby repealed.
60. In paragraph 125c. 1 (a). and (2)) the word "or" is deleted.
61. In paragraph 125c. 1 at the end of subparagraph (a)), the comma shall be replaced by ",
or "and the following point 4 is added:
"4. the certificate of registration has been seized,".
62. In section 125c paragraph. 1 (a). e) point 3 is added:
"3. in contravention of section 3 (3). 4 it is not to his management professionally eligible under
special legal regulation ^ 4) or on the basis of the decision of the competent
authority of another Member State or the Swiss Confederation ".
63. In section 125c paragraph. 1 (a). (e)), paragraph 4, the word "or" is deleted.
64. In paragraph 125c. 1 at the end of subparagraph (e)), the comma shall be replaced by ",
or "and the following point 6 is added:
"6. the driving licence has been suspended under section 95 or enforcement
the command according to the enforcement of the order ".
65. In paragraph 125c. 1 (a). (f)), section 5 for the word "communications"
the words "or of supervision on safety and traffic flow on
road safety ".
66. In paragraph 125c. 1 (a). j), the words "§ 3 (3). 4 "shall be replaced by the words" §
3 (3). 6. "
67. In section 125c paragraph 3, the following paragraph 4 is added:
"(4) a natural person has committed the offence by
and in conflict with) of Section 87a, paragraph. 1 or 2 for further transportation
psychological examination,
(b)) in contravention of section 94a, paragraph. 2, § 113 paragraph. 1 or 2 or § 123c paragraph. 5
does a driving licence, an international driving permit or a certificate of
notification of loss, theft, damage or destruction of a driving licence
or in conflict with section 6b of the paragraph. 4 does the registration certificate
vehicle. ".
Paragraphs 4 to 8 shall be renumbered as paragraphs 5 to 9.
68. In section 125c paragraph. 5 (a). (b)), for the words "offence under ' shall be
the words "paragraph 1 (b). and point 4 and ").
69. In section 125c paragraph. 5 (a). (d)), the words "(a). and (e))) points 2 to 4 "
replaced by the words "(a). and) point 1 to 3, (a). e) points 2 to 4 and 6 ".
70. In paragraph 125c. 5, letter d) the following point (e)), which
added:
"(e)), from 4 000 to 7 500 CZK if the offence referred to in paragraph 1 (b). (f))
point 5 committed for the period of 12 consecutive calendar months
and more than once, twice. "
Subparagraph (e)), and (f)) shall become letters (f)), and (g)).
71. In paragraph 125c. 5 at the end of the text of the letter f), the words "and
referred to in paragraph 4 ".
72. In section 125c paragraph 6 is added:
"(6) a prohibition of the activity is saved for
and since one year) to two years for the offence referred to in paragraph 1 (b). (c)),
d), (e)) points 1 and 5, and (b). (h)),
(b)), from six months to one year for the offence referred to in paragraph 1 (b).
and (b)). (b)), (b). e) points 2 to 4 and 6 (b). f) points 2, 7 and 10 and under
paragraph 3,
(c)), from one month to six months
1. anyone who has committed an offence referred to in paragraph 1 (b). (f)), points 3, 5, 6 and
8 (a). (g)) and i) in a period of 12 consecutive calendar months
more than once, twice, and
2. anyone who has committed an offence referred to in paragraph 1 (b). (f) point 5) intentionally
that did not stop the vehicle on the instruction "Wait" given in the management or
directing traffic on the road or in the supervision on a
safety and traffic flow on the road by a person to
authorized, or
3. the offence referred to in paragraph 1 (b). (f) point 9). ".
73. In paragraph 125c. 9, the words "4 to 7, with the exception of paragraph 6 (a). and) "
replaced by the words "5 to 8, with the exception of paragraph 7 (b). and) ".
74. In section 125c, the following paragraph 10 is added:
"(10) From the performance of the rest of the disqualification imposed for the offense under
paragraph 1 (b). b), c) or (d)) cannot be waived before settling stored
a fine or, if it was allowed to pay the fine in installments, if
přestupce did not pay all payments due before the date of filing of the application for
the abandonment of the performance of the rest of the prohibition of activity. ".
75. In paragraph 137. 2, after the words "§ 6a of paragraph 1. 4.0 ", the words" § 6b
paragraph. 6 ", the words" § 79 paragraph. 8, Section 87a, paragraph. 9 "shall be replaced by the words" § 79
paragraph. 9, Section 87a, paragraph. 9, § 87b paragraph. 5 ", the words" section, paragraph 123. 5 "
replaced by the words "section, paragraph 123. 4 "and the words" section 125a second subparagraph. 8.0 "shall be deleted.
76. In the annex, in the third item for 5 points, the words "failure to stop the vehicle
on the instructions of the "stop the traffic while driving on the road
the person entitled to the management of this traffic "shall be replaced by" failing to stop
vehicle on the instruction "Wait" given in the management or directing traffic on the
road safety or supervision on safety and fluency
traffic on the road by a person authorised to do so. "
Article. (II)
Transitional provisions
1. A driving licence for category B1, granted prior to the date
the effectiveness of this law entitles him to control three-wheel vehicles
classified in Group A1 for 1 year from the date of entry into force of this
the law.
2. For dealing with the result of the psychological examination, transportation
carried out before the date of entry into force of this law, shall apply
Act No. 361/2000 Coll., as amended effective before the date of entry into force of
of this law.
3. The waste deposits selected before the date of entry into force of this
the law and for the handling of the vehicle, which was prevented from driving on
the basis of § 118 paragraph. 1 (a). I) Act No. 361/2000 Coll., as amended by
effective prior to the date of entry into force of this law, shall apply the law No.
361/2000 Coll., as amended effective prior to the date of entry into force of this
the law.
PART THE SECOND
Amendment of the Act on the acquisition and improvement of professional competence to control
of motor vehicles
Article. (III)
Act No. 247/2000 Coll. on obtaining and improving professional competence
to control the motor vehicles and on amendments to certain laws, as amended by
Act No. 478/2001 Coll., Act No. 175/2002 Coll., Act No. 320/2002 Coll.
Law No. 411/2005 Coll., Act No. 374/2007 Coll., Act No. 124/2008 Coll.,
Law No. 384/2008 Coll., Act No. 223/2009 Coll., Act No. 227/2009 Sb.
Act No 301/2009 Coll., Act No. 133/2011 Coll., Act No. 297/2011 Sb.
Act No. 341/2011 Coll., Act No. 375/2011 Coll., Act No. 64/2014 Sb.
law no 230/2014 Coll. and Act No. 320/2015 Coll., is hereby amended as follows:
1. section 7:
"section 7 of the
Registration to operate a driving school shall cease to
and the date of dissolution of a legal person), which is the holder of the registration to the
the pursuit of announcements,
(b) on the date of demise of the business licence) in case of death of the natural person
that is the holder of the marketing authorisation to operate a driving school,
(c)) date of decision of the municipal office municipality with extended competence of
withdrawal of the authorisation to operate a driving school acquired the authority. ".
2. under section 8, the following new section 8a is inserted:
"§ 8a
(1) as a teaching and learning spaces, you can use only commercial space
meeting the conditions for the establishment of a special legal
code ^ 1a).
(2) the operator of a driving school must at all times have the pursuit of announcements
the right to use teaching and learning space and must have these spaces
After all the time available. ".
3. In article 9, the following paragraph 4 is added:
"(4) if so this law, can be used as a training vehicle to use
the motorcycle, which does not meet the conditions referred to in paragraph 1 (b). b).“.
4. In section 27. 2 at the end of the text of the letter b), the words "; in
the third stage of the training referred to in annex 3 to this Act may only be trained in
the management once extended to four hours ".
5. under section 29 shall be added to § 29a is inserted:
"§ 29a
In training to obtain a driving licence for category AM, A1, A2, or
And carried out in the traffic on the road can be used as a training
the vehicle used a motorcycle that is equipped with a double or dual control
a device allowing the control of clutch and brake operation. In such a
the case must be the applicant for obtaining a driving licence, accompanied by
teacher training on the accompanying motorcycle or in the accompanying personal
the car and the communication between the teacher and the applicant must be provided
using an electronic device allowing communication with teachers
pupil. ".
6. In section 30 to the end of the text of paragraph 1, the words ", and has the necessary
the knowledge and skills required for the examination of professional competence to
control of motor vehicles ".
7. In section 30 is at the end of paragraph 1, the following sentence "If the applicant takes on
their teaching and training, and to log on to the test, although the necessary
the knowledge and skills referred to in the previous sentence does not have, will end the operator
driving school instruction and training on the basis of a written request; in the case of
a person under the age of 18 years, ends the teaching and training only with the written consent of the
its legal representative. ".
8. In section 38, paragraph. 1, the words ", and in Ireland, which accounted
teaching and training of the applicant, unless the driving school and the trial Commissioner
on another suitable venue tests "shall be deleted.
9. In section 39 at the end of paragraph 3 the following sentence "If the applicant Is a
driving the permissions on this test rated the degree of "failed", not
continue further testing until the test will be repeated
rated the degree of "passed". ".
10. In section 43, paragraph. 5, the words "arising out of the Special Act, but also
responsibility for the applicant for a driving licence and a training vehicle "
shall be deleted.
11. In section 43, paragraph 5, the following paragraph 6 is added:
"(6) for the tests to obtain a driving licence for category AM, A1, A2
or the applicant himself and goes on a training motorcycle, which may not be
equipped with a double or dual control device allowing control of the clutch
and the service brake, and the trial Commissioner goes for the applicant on the accompanying
motorcycle or in an accompanying car directed teacher training.
Instructions to the applicant, the Commissioner gives a test using an electronic device
enabling communication with a pupil; When driving in the accompanying car
may give instructions through teacher training. ".
Paragraph 6 is renumbered as paragraph 7.
12. In paragraph 46. 1, after the word "drivers", the words "vehicles
listed in category C1, C1 + E, C, C + E, D1, D1 + E, D or D + E ".
13. In article 46, paragraphs 2 and 3 shall be deleted.
The current paragraph 4 shall become paragraph 2.
14. § 47 odst. 1 the words "§ 46 paragraph. 2 "shall be replaced by the words" § 46 paragraph.
1. "
15. § 47 odst. 3, the words "for all the drivers referred to in § 46 paragraph. 2 "
shall be deleted.
16. In section 48, paragraph. 3, the words ", issued by another Member State in accordance with
Regulation of the European Union ^ 6b), which has been authorised in the territory of the Czech
Republic of permanent or temporary residence, or who started to perform
dependent work or do business according to § 46 paragraph. 2 "shall be replaced by the words
"issued by European Union regulation ^ 6b) by another Member State
The European Union, party to the agreement on the European economic area
or the Swiss Confederation, which has on the territory of the Czech Republic, the usual
residence under the law on road traffic ^ 2a) or gainfully
work for an employer established in the territory of the Czech Republic, or
It operates on the territory of the Czech Republic. "
17. In section 48, paragraph. 5, the words "the holder of a certificate of professional competence
a driver or a document certifying the professional competence issued by another
Member State of the European Union in accordance with the regulation the European Union ^ 6b) "
shall be replaced by "professionally qualified".
18. In section 51, paragraph. 1 letter h) is added:
"h) send no later than 5 working days before the beginning of the teaching or
training within the input and regular training list of registered
of the participants, and the place, date and time of the commencement of the teaching or training
the regional office in his headquarters and within the framework of the input
list of registered participants, the training and the place, date and time
start of teaching or training and the municipal office municipality with extended
scope of the establishment to the competent according to the place in which the teaching or training
in progress; changes in the list of registered participants is possible regional
Office or municipal office municipality with extended powers to deliver
not later than 1 working day before the training ".
19. In section 51, paragraph. 1 (a). I), the words "permanent or temporary
the stay of the driver "shall be replaced by the words" towards deciding on the professional competence
the driver ".
20. In § 52a paragraph. 2, the second sentence shall be deleted.
21. In section 52b paragraph. 1 the words "business of" shall be replaced by the word
"the establishment" and the words "in which" shall be replaced by the words "in which".
22. In section 52b paragraph. 2 (c)):
"(c)) is a citizen of the
1. the Member State of the European Union or a State which is a Contracting Party to the
The agreement on the European economic area (hereinafter referred to as "Member State")
or the Swiss Confederation and to the territory of the Czech Republic has the usual
residence under the law on road traffic ^ 2a), or
2. another State other than a Member State or the Swiss Confederation and the
gainfully working ^ ^ 5) for an employer established in the territory of the Czech
It operates on the territory of the Republic or the Czech Republic ".
23. In section 52c paragraph. 1 the words "permanent or temporary residence of the driver
on the territory of the Czech Republic, or if the driver does not have a permanent or temporary
stay on the territory of the Czech Republic, under the seat or place of business of the driver
or his employer "shall be replaced by the words" the place of habitual residence
the driver, according to the law on road traffic ^ 2a), or of the registered office of the employer
the driver of each driver, if he is not on the territory of the Czech
Republic of habitual residence ".
24. In section 52c paragraph. 1 at the end of the text of the letter b), the words "or
on the territory of the Czech Republic does not have his habitual residence under the Act on the road
operation ^ 2a) ".
25. In section 52c paragraph. 2 (b)):
"(b)) submit to the teaching in the context of regular training in the full range and
in the manner prescribed in the section 48 and has on the territory of the Czech Republic, the usual
residence under the law on road traffic ^ 2a), gainfully working
for the employer established in the territory of the Czech Republic or taking on
the territory of the Czech Republic. ".
26. In section 52c paragraph. 7, the fourth sentence is added: "for the holder of a valid document
certifying the professional competence of the driver issued by another Member
the State or the Swiss Confederation, which has on the territory of the Czech Republic
normal place of residence in accordance with the law on road traffic ^ 2a) or which began
to perform dependent work for the employer established in the territory of the Czech
Republic or do business in the territory of the Czech Republic, this
the provisions mutatis mutandis. ";"
27. In section 53, paragraph. 2 (d)):
"(d)) shall decide on the professional competence of the driver".
28. In section 54 is at the end of the text of paragraph 1, the words ", and that at least
in the range of 4 hours during 5 years for each of the test of the Commissioner; supervision
It includes the implementation of at least two examinations of professional competence of applicants for
driving licences ".
29. In § 56 paragraph. 2 (a). j), the words "Municipal Office municipality with extended
the responsibilities of permanent or temporary residence of the driver "
replaced by the words "the competent authority".
Article. (IV)
The transitional provisions of the
Driving school operator is obliged to bring teaching and learning spaces in
accordance with section 8a of the Act No. 247/2000 Coll., as amended, effective from the date of acquisition
the effectiveness of this law, within one year from the date of entry into force of this
the law.
PART THE THIRD
The amendment of the law on misdemeanors
Article. In
In section 86 (a). d) point 2 of Act No. 200/1990 Coll. on offences, as amended by
Act No. 274/2008 Coll. and Act No. 133/2011 Sb., after the word "pedestrian"
the words "or a person on a personal-facing horses with samovyvažovacím
device or similar device ".
PART THE FOURTH
The EFFECTIVENESS of the
Article. (VI)
This law shall enter into force on the fifteenth day following its publication.
In r. hamáček.
Zeman in r.
Sobotka in r.
