On The State Professional Supervision And Controls In Road Transport

Original Language Title: o státním odborném dozoru a kontrolách v silniční dopravě

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=63181&nr=522~2F2006~20Sb.&ft=txt

522/2006 Sb.



DECREE



of 13 October. November 2006



on the State professional supervision and controls in road transport



39/2010: Sb.



269/2012: Sb.



Change: 269/2012 Coll. (part)



9/2015: Sb.



The Department of transportation shall determine pursuant to § 41 para. 2 Act No. 111/1994 Coll.

on road transport, as amended by Act No. 38/1995 Coll., Act No. 304/1997

Coll., Act No. 150/2000 Coll., Act No. 132/2000 Coll., Act No. 361/2000

Coll., Act No. 175/2002 Coll., Act No. 320/2002 Coll., Act No. 577/2002

Coll., Act No. 103/2004 Coll., Act No. 186/2004 Coll., Act No. 1/2005

Coll., Act No. 229/2005 Coll., Act No. 253/2005 Coll., Act No. 411/2005

Coll., Act No. 226/2006 Coll. (hereinafter the "Act") to implement section 34 para.

1 and § 38 paragraph 1(a). 3 of the Act:



§ 1



the title launched



This Decree incorporates the relevant provisions of the European communities ^ 2)

and further to a European Community regulation directly applicable ^ 2a)

modifies the uniform procedures, system and subject of the checks and the State

professional supervision in road transport (hereinafter referred to as "control") and lays down

pattern memory control card.



§ 2



General provisions



(1) the authority responsible for control (hereinafter "the supervisory authority") performs

control



and road safety) ^ 3), as well as in vehicles used for the

road transport (hereinafter referred to as "roadside") and



(b)) in the premises and all areas related to the

the activities performed by the carrier and for the transport of dangerous goods in

the transmitting entity to the transport of dangerous goods and to the body

ensure the unloading of dangerous goods (hereinafter referred to as "checking in

the establishment ").



(2) when the inspection body uses the control



and in the case of that) is a controlled vehicle is fitted with recording equipment

According to the provisions of Annex IB of Council Regulation (EEC) No 3821/85 (hereinafter referred to as "digital

tachograph "), the memory control card, which allows you to control

authority disclosure of data from the digital tachograph, the model

listed in annex 1 to this notice, and devices for the control of

digital signature, based on directly applicable European legislation

Community ^ 3a), connected to the data together with the software

for the verification and control of the digital signature, as well as for the completion

a detailed profile of the speeding cars before checking their recording

device, or



(b)) in the case that is a controlled vehicle is fitted with recording equipment

According to annex I to Council Regulation (EEC) No 3821/85 (hereinafter referred to as "analog

tachograph "), a device to control the record sheets.



(3) the Supervisory Authority shall send the Ministry of transport



and the form with the details of) a breach of duty by a foreign carrier to

the territory of the United States completed in accordance with the model in annex 2 to the

This notice no later than the 15th day of the following month, in

which a finding of breach of the obligation,



(b)) form discovered during inspections of the completed according to the model

referred to in annex 3 to this notice no later than the 15th day of

the following month, in which the checks were carried out. When filling out a

data on the transport of dangerous goods are identified infringements of the obligation to be divided

the risk categories according to annex No 4 to this notice.



(4) the Office shall issue to the Ministry of Transport Transport



and) form indicating the measures taken at the domestic carrier that

is guilty of a breach of duty in another Member State in accordance with the completed

model set out in annex 5 to this notice no later than six

months of receipt of the notification of the breach of the obligation,



(b)) form indicating the results of the administrative procedure, the completed according to the model

referred to in annex 6 to this Ordinance not later than the 15th day of

the following month, in which it was lawfully terminated the administrative

control.



§ 3



The subject of the checks



(1) at the roadside that the supervisory authority focused on



a) daily and weekly driving times, breaks and safety

daily and weekly rest periods,



(b)) record sheets for the previous days and the period in which the driver has driven,

or on a certificate issued by the carrier that have not been driving a vehicle in that

period together with the grounds, or on the confirmation of the performance of other

work, than it is to control the vehicle during this period, or on the data stored for the

the same period on the driver card and/or in the memory of the recording equipment or on the

their printouts,



c) marking of the vehicle and its equipment documents and permits for the

transport,



d) determine if a vehicle is equipped for the carriage of according to the law,



e) compliance with the conditions for the transport of dangerous goods laid down

by law and by a special legislation ^ 5),



(f)) the proper functioning of the recording equipment, in particular on the determination of whether the

There is no abuse of the recording equipment, the driver card or

the record sheets,



(g) installation of the appliance or revelation) the use of such instruments,

that could destroy, delete, or modify data or speed

transmission, or a unit that has to intervene in the electronic

data transfer between components of the recording equipment.



(2) when you check in the establishment, in addition to the fact that the supervisory authority

referred to in paragraph 1 focuses on the



and compliance with the two-week limit) driving time,



(b)) the record sheets, data from the vehicle unit and their prints and cards

the driver,



c) determine whether a carrier holds the necessary documents.



§ 4



Roadside check



The inspection authority carried out road checks



and) at any time in various places road ^ 3)

in terms of safety and traffic flow,



(b)), so as to make it difficult to avoid checkpoints,



(c)), so as not to unilaterally focused in particular on the State of registration

the vehicle, to the State where the carrier has its registered office or place of business or the driver

residence, place of departure and destination of the transport, or the type of tachograph

(analog or digital).



§ 5



A check at the premises of



(1) the control authority shall carry out checks at the premises of the carrier always



and when you detect a breach of duty), which falls in the Group F, G 1 to G

10, in accordance with Annex I or J # 8 to this Ordinance, and if it is

classified as very serious, or



(b)) when it detects a breach of duties which fall within groups B, C, or

(D) in accordance with Annex 8 to this Ordinance, are classified as very

fatal and if the carrier has also been detected in repeatedly.



(2) in the event of breach of duties other than those referred to in paragraph 1

performs the inspection authority control in the establishment of the carrier, if required

the number and severity of infringements detected listed in annex 8 to this

the Decree.



(3) for the inspection in the establishment is also seen as a check that you

performs supervisory authority on the basis of documents related to the operation of

road transport, the carrier shall, at his request.



(4) the supervisory authority shall, in the course of the monitoring data provided by

The Ministry of transport, the competent authority of another Member State, if

the activity of the carrier in that other Member State.



§ 6



The system of checks in the area of compliance with driving time, security

breaks and rest periods



(1) the supervisory authority shall carry out inspections in the area of compliance with driving time,

the safety breaks and rest periods, so that in total from

the effective date of the decree to 31.12.2007 included at least 1% of the

the days of drivers of vehicles, which are subject to the applicable provisions directly

Of the European communities ^ 6).



(2) the number of scrutinies referred to in paragraph 1 shall include at least the roadside

15% of all working days checked the drivers of vehicles (hereinafter referred to as

"working days checked") and checks at the premises of at least 30%

of all working days checked.



§ 7



Control of transport of dangerous goods



(1) the supervisory authority shall indicate the results of the checks on the transport of dangerous

things on the checklist, the model for which is contained in annex 7 to this

the Decree. The detected violations of the legal obligations of the supervisory authority shall specify the

photographs, description in a note or in any other way.



(2) the inspection authority performing road control always passes a copy of

the driver of the vehicle checklist.



Section 7a



(To section 38a, paragraph 4, of the Act)



(1) Confirmation for the prevention of Pattern in driving the use of technical means

or on the detention of the vehicle documents and documents related to by

transport is given in annex 9.



(2) the acknowledgement of receipt of the deposit Model is given in annex 10.



§ 8



Transitional provisions



(1) the checks referred to in section 6 shall be the inspection authority



and from 1 January 2008 to 31 December 2009) in the range of at least 2% of the working days

drivers of vehicles, which are covered by European legislation directly applicable to

Community ^ 6), and



(b) from 1 January 2010) in the range of at least 3% of the working days the drivers of vehicles, the

subject to the applicable provisions of the European communities directly ^ 6).



(2) the number of scrutinies referred to in paragraph 1 shall include at least the roadside

30% of all working days checked in the establishment and control of the

at least 50% of all working days checked.



§ 9



This Decree shall enter into force on the fifteenth day of the calendar month

following the date of its publication.



Minister:




Ing. Řebíček in r.



Annex 1



PATTERN MEMORY CONTROL CARD



The front of the



The back page



The control card is blue in colour with dimensions of 8.5 x 5.4 cm Blue

the substrate of plastic.



Annex 2



BREACH OF DUTIES BY FOREIGN CARRIERS ON THE TERRITORY OF THE CZECH REPUBLIC AND

THE PENALTIES IMPOSED



Annex 3



the title launched



1.



ROADSIDE CHECKS



1.1.



The number of vehicles stopped for roadside check by type

the road and the country of registration of the vehicle, with a defect



1.2. The number of drivers checked at the roadside by country of registration

the vehicle and the main type of transport, it is a defect



1.3. The number of working days checked at the roadside as drivers

the main type of transport and country of registration of the vehicle, with a defect



1.4. Number of vehicles according to the type of tachograph



1.5. Number of foreign carriers operating cabotage



1.6. Control of transport of dangerous goods



1.7. Violation of-the number and type of infringement discovered on roads



(N-regulation, by-law No. 111/1994 Coll.)



2.



CHECKS AT THE PREMISES OF UNDERTAKINGS



2.1. Number of drivers and the number of working

days of the drivers at the premises, with a defect



2.2. infringement-the number and type of infringements detected in the premises of the

carriers



(N-regulation, by-law No. 111/1994 Coll.)



2.3. Number of transport undertakings and drivers according to the size of the fleet.

the Park of the carrier



2.4. Control of transport of dangerous goods



Annex 4



RISK CATEGORIZATION



The following list is divided into three risk categories (category I

represents the most serious risks) is for the purpose of filling

Statistics guidelines for determining what is considered illegal

the negotiations.



Determine the appropriate category of risks must take into account the relevant circumstances

and depends fully on the discretion of the inspection authority.



Deficiencies which are not listed in any of the categories of risk, the

classified according to the description of these categories.



If it is in the same transport unit found more cases

infringement, for the purposes of the report applied only to the

constitute a category of risk.



1. Risk category I



If the failure to comply with the relevant provisions of the ADR represents a high risk

death, serious injury or substantial damage to the environment

environment, such a failure to comply with discovery usually leads to immediate

implementation of appropriate remedial measures, such as immobilisation of the vehicle.



These include:



1. transport of dangerous goods whose carriage is prohibited;



2. leakage of dangerous substances;



3. the transport of prohibited or inappropriate means of transport;



4. the carriage in bulk of substances in a container that is not structurally

operational;



5. transportation in a vehicle without a corresponding certificate of approval;



6. vehicle no longer complies with the standards for approval and represents

imminent danger (otherwise falls into the category of risk II);



7. the use of the packaging;



8. cover does not correspond to the appropriate guideline for packing;



9. failure to comply with special requirements for collective packaging;



10. failure to comply with rules for securing and stowage;



11. failure to comply with the rules for the common loading units;



12. failure to comply with the degree of filling of tanks or vacation packages;



13. failure to comply with the provisions limiting the amount of transported in

transport unit;



14. transport of dangerous goods without identifying their presence in

vehicle (e.g. the relevant documents, the indication of the pieces, marking of the vehicle);



15. the carriage without identification of the vehicle;



16. missing information to determine the risk categories for

transported by the substance (e.g.. UN number, proper for

transportation, packing group);



17. the driver does not have a valid certificate of vocational training;



18. the use of an open flame or unprotected light source;



7. failure to comply with the smoking ban.



2. Risk category II



If the failure to comply with the relevant provisions of the ADR represents the risk of injury

a person, or damage to the environment, such a finding leads

failure to comply with generally for the implementation of appropriate remedial measures, such as

request of the axle on the spot checks, where possible and appropriate,

However, at the latest, after completion of the transportations.



These include:



1. the transport unit includes more than one trailer;



2. vehicle no longer complies with the standards for approval, but does not constitute a

imminent danger;



3. the vehicle is not equipped with functioning fire extinguishers according to the requirements;

fire extinguisher can be considered functional if it is missing only the prescribed

seal and/or marking the expiry date; However, this does not apply if

fire extinguisher visibly broken, for example. the pressure gauge shows 0;



4. the vehicle is not equipped as required by ADR, or pursuant to written

the instructions;



5. failure to comply with the data of the tests and inspections and the shelf-life packaging,

IBC or large packaging;



6. are transported the pieces with damaged packaging, IBC or large packaging

or damaged, uncleaned empty containers;



7. transport of packaged goods in a container that is not structurally

operational;



8. tanks/tank-containers (including empty and uncleaned)

are not properly closed;



9. carriage of goods in the packaging with outer packaging that is not

properly closed;



10. incorrect designation of the safety signs, banners or large

safety marks;



11. There are no written instructions in accordance with ADR, or written

directions do not match the type of the goods;



12. the vehicle is not properly monitored or parked.



3. Risk category III



If the non-observance of the relevant regulations represents a low risk of injury

a person, or damage to the environment and if the appropriate corrective

the measure is not to be done on the spot, but it can be done later in the

business of the carrier.



These include:



1. large size safety signs safety signs or

or the font size, numbers or symbols on large security

tags or safety signs is ineligible;



2. in the shipping documentation is missing information other than relating to the

risk category I (16);



3. a certificate of driver's training is not in the vehicle, but there is evidence of

the fact that the driver has it.



Annex 5



MEASURES TAKEN AGAINST THE DOMESTIC CARRIERS, WHO HAVE VIOLATED THE OBLIGATION IN

OTHER MEMBER STATES



Annex 6



The number and amount of fines imposed by the Office of transport by a final decision

in the administrative procedure



Annex 7



CHECKLIST



Annex 8



1. The Group of infringements of Regulation (EC) No 561/2006



2. the Group of infringements of Regulation (EEC) No 3821/85



Annex 9



CONFIRMATION



on the detention of the vehicle documents and documents related to by

transport/



for the prevention of driving by using the technical means to prevent the departure of the

vehicle ^ 1



1) Delete where inapplicable



Lessons



(§ 35d of the Act No. 111/1994 Coll. on road traffic)



§ 35d



Avoid driving



(1) if the authority of the police of the Czech Republic or the Customs Office authorized to choose

bail pursuant to § 35 c and the driver fails to challenge the bail, the police authority

The Czech Republic or the Customs Office to the driver, which for this purpose shall represent the

the carrier, a ride to the nearest place that is in terms of safety and

the flow of traffic on roads suitable for weaning

the vehicle, and



and his driving) prevent the use of technical means to prevent the

the departure of the vehicle (hereinafter referred to as "technical resource"), or



(b)) disables continue driving and drivers shall detain the vehicle documents and

documents related to shipments being performed.



(2) the costs associated with the driving of the vehicle to the place of cessation, costs

associated with the parking and the costs of prevention in the vehicle shall be charged to

of the carrier. The liability of the carrier for the vehicle, the load and persons carried

his putting is not affected.



(3) the procedure referred to in paragraph 1 shall instruct the authority of the police of the Czech Republic

or the Office of the driver of the vehicle or the refund of the conditions of release

seized documents and issues in 4 copies of certificate of prevention in

driving the use of technical means, or on the detention of the vehicle documents

and documents related to shipments being performed. The acknowledgement shall state the reason

avoid driving or retention of documents to a vehicle and documents

by transport-related, the reason for the imposition of deposit and its amount and

administrative authority competent to conduct proceedings on administrative tort.



(4) the authority of the police of the Czech Republic or the customs authority shall forward copy 1

the confirmation referred to in paragraph 3 and the 2 copies of the drivers along with the bailouts and

Protocol on the control results no later than 2 working days after

a deposit of the administrative authority which is competent to conduct proceedings on

the administrative tort. If the deposit is not made up to 72 hours of detection

violation of, to the competent authority the conduct of the procedure of administrative

together with proof of the offence to avoid driving and the Protocol on the

the results of the checks sent to you and the vehicle documents and papers related to the

carried out by the transport.



(5) the authority of the police of the Czech Republic or the Customs Office shall without delay


the release of the vehicle or the authority of the police of the Czech Republic, the Customs office or

the administrative authority shall ensure that it shall immediately return the documents to the vehicle and documents

related to transport being performed, if



and was composed of the deposit authority) of the police of the Czech Republic or of the customs

the Office,



(b)), the administrative authority which is competent to conduct proceedings on administrative tort

under this Act, on the basis of documents transmitted did not find reasons to

the initiation of administrative proceedings of an administrative offense,



c) administrative administrative offence under this Act has been

finally stopped, or



(d)) has been paid the fine and costs imposed in administrative proceedings on the

administrative offence under this Act.



Annex 10



Acknowledgement of receipt of the deposit



Lessons



(§ 35 c and 35f Act No. 111/1994 Coll. on road traffic)



§ 35 c



The collection of deposits



(1) the authorities of the police of the Czech Republic or of the Customs authorities are in the implementation

checks and professional supervision of the State under this Act shall be entitled to

Choose from bail ranging from $5 000 to $100 000 from the carrier, which is

suspected of having committed the administrative offence under this Act, and

reasonable grounds for believing that it will steer clear of administrative offence, or that the

would the eventual recovery of the fine imposed has been associated with unfair

costs, if applicable, was not at all possible.



(2) when selecting the deposit police authorities of the Czech Republic or of the Customs authorities

instruct the driver who for the purpose of collecting a security deposit shall be represented by the carrier,

as a result of selecting the deposit and shall issue in 4 copies



and) written confirmation of receipt of the deposit, which must include the reason for

Save the deposit, the amount and the administrative authority which is competent to conduct

management of the administrative offence, and



(b)) the Protocol on the scan results.



(3) the authority of the police of the Czech Republic or the customs authority shall forward copy 1

acknowledgement of receipt of the deposit and the protocol drivers and 2 copies together with the

bond not later than 2 business days to the administrative authority, which is

competent to conduct proceedings on administrative tort.



§ 35f



Returning, confiscating and setting off the security deposit



(1) the deposit is returned in full if



and) the administrative authority did not find grounds for initiating the procedure for administrative

offence under this Act, or



(b) the administrative offence proceedings) under this Act were

stopped.



(2) if in proceedings for an administrative offence under this Act is saved

the fine and the obligation of the carrier to cover the costs of the proceedings, the decision of the administrative

netting authority composed of the deposit for payment of the fine and costs

control. If the selected deposit greater than the fine and costs,

Returns the portion of the deposit remaining carriers after setting off the security deposit to pay

fines and costs.



(3) if the administrative authority finds grounds for initiating the procedure for

administrative offence under this Act, it shall notify without undue

delay of the carrier and ask him to convey the necessary information about the Bank

the account to which you can return the bail. Bail or the remaining portion by

paragraphs 1 and 2 of the administrative authority with jurisdiction at first instance

Returns to the carrier, and it



and) within 15 working days of the effective date of the decision, if he

they were at the date of acquisition of the decision known to the needed data on the

bank account to which you can return the security deposit, or



(b)) within 15 working days from the date when the carrier shall notify this

the Administrative Department with the necessary bank account information that you can bail

return.



(4) the deposit will be forfeited if the carrier fails to communicate to the transportation Office within 1 year

from the date of despatch of the call or judgment necessary information about

bank account to which you can return the security deposit or a part thereof.



1) is released on the basis and within the limits of the law, whose content allows you to

to incorporate the relevant provisions of the European communities Decree.



2) European Parliament and Council Directive 2006/22/EC on minimum

conditions for the implementation of Council Regulation (EEC) No 3820/85 and (EEC) No.

3821/85 on social legislation relating to activities in the

road transport and repealing Council Directive 88/599/EEC.



Commission Directive 2004/112/EC, adapting to technical progress

Council Directive 95/50/EC on uniform procedures for checks on the road

transport of dangerous goods.



Commission directive 2009/4/EC on the countermeasures on preventing and detecting

tampering with the tachograph records, amending the directive of the European

Parliament and Council Directive 2006/22/EC on minimum conditions for the implementation of

Council Regulation (EEC) No 3820/85 and (EEC) No 3821/85 of the provisions in the

the social field relating to road transport activities and repealing

Council Directive 88/599/EEC.



Commission directive 2009/5/EC amending Annex III to Directive

European Parliament and Council Directive 2006/22/EC on minimum conditions for the

the implementation of Council Regulation (EEC) No 3820/85 and (EEC) No 3821/85 on

social legislation relating to activities in the road

transport.



2A) Commission decision 2009/821/EC, laying down a uniform form

the reports referred to in article 17 of Regulation (EC) No 561/2006.



3) section 2 of the Act No. 13/1997 Coll. on road traffic, as amended by

amended.



3A) Council Regulation (EEC) No 3821/85 of 20 October. December 1985 on the

recording equipment in road transport, as amended,

Annex IB, chapter I, point (a). r).



5) Decree No. 64/1987 Coll. on European Agreement concerning the international carriage of

transport of dangerous goods and its annexes published in the collection of

international treaties, as amended.



6) European Parliament and Council Regulation (EC) No 561/2006 on the harmonisation

certain social legislation relating to road transport, on

amending Council Regulation (EEC) No 3821/85 and (EC) No 2135/98, and repealing

Regulation (EEC) No 3820/85.



Council Regulation (EEC) No 3820/85 on the harmonisation of certain social

legislation relating to road transport.



Council Regulation (EEC) No 3821/85 on recording equipment in road

transport.