of 24 July 2003. May 2002,
amending Act No. 13/1997 Coll. on road traffic, as amended by
Parliament has passed the following Act of the United States:
Act No. 13/1997 Coll. on road traffic, as amended by Act No.
101/2000 Coll., Act No. 132/2000 Coll. and Act No. 491/2001 Coll., is amended
1. in § 9 para. 3 the number "30" is replaced by "35".
2. in part three, part four shall be inserted, which including notes below
line no. 8a) and 8b):
CONVERT THE EXERCISE OF CERTAIN RIGHTS AND OBLIGATIONS OF THE STATE IN CONNECTION WITH THE
THE CONSTRUCTION, OPERATION AND MAINTENANCE OF THE HIGHWAY
Fund and provide for the construction, operation and maintenance of the Highway can be on
under a contract to convert the exercise of certain rights and obligations of the State
as the owner of the highway ("koncesionářská Treaty") on the
a legal entity (hereinafter referred to as "concessionaire") the selected procedure laid down in
the law on public procurement approval. ^ 2b)
Payment for the construction, operation and maintenance of the highway's concessionaire on
the basis of the concessionary contract provided gradually, depending on the
the arrangements for the allocation of risks, contained in the contract,
completion of the construction of the highway from the State Fund of transport revenue
infrastructure designed to finance the construction, upgrading, repair and
maintenance of the highways. ^ 8a)
§ 18 c
Koncesionářskou contract with concessionaire on behalf of the State shall conclude a
The Ministry of transport and communications after consultation with the Ministry of finance
the prior consent of the Government.
§ 18 d
(1) the Koncesionářskou contract to become the concessionaire obliged
planning for the construction of the highway. The concessionaire undertakes, in the territory of the
specified in land use decisions to ensure the cost of financing and
the construction of the highway, its operation and maintenance. Koncesionářská agreement
concluded for a period of at least 25 years (hereinafter referred to as the "koncesionářská period").
(2) Payment under section 18b to concessionaires to provide the date of initiation of the
traffic on the completed highway.
(3) after termination of the contractual time, the concessionaire shall deliver
built and operated by the highway, including its accessories, State and
the State is obliged to take the highway, where its construction and
conveyor health state as laid down in the contract.
Part of the submission and acceptance of the motorway is the Joint Declaration on
the mutual settlement of all liabilities of the concessionary contract.
The contents of the concession contract
Koncesionářská agreement shall include
and) the definition of Expressway, which is the subject of the construction, operation and
the period of its construction and maintenance,
(b) the determination of the amount of the total investment) and return incurred
c) establishment of technical criteria for the construction, operation and maintenance section
the highway and how to check their compliance with,
d) commitment by the State to pass the concessionaires of the territory intended decision to
the construction of the stretch of highway,
(e)) the distribution of risks between the State and the concessionaire for the construction,
operation and maintenance of the Expressway and the commitment of the concessionaire that territory
(f)) and to ensure commitment to dealers to finance the construction, operation and maintenance
a section of the highway according to the parameters set by the Treaty,
(g) ensure that the concessionaire) processing of project documentation to
the construction of the highway and building permits for the construction of the highway,
(h) the concessionaire's commitment to close with) an insurance undertaking is authorised
operate the insurance business in the territory of the Czech Republic, ^ 8b) insurance
property and liability insurance,
I) commitment by the State to convert in the contract referred to the rights and obligations of the State
as the owner of the highway to the concessionaire for the price agreed in the contract and
commitment to these rights and obligations of the concessionaire from the State for the agreed
the price of the take,
j) the determination of the amount of time that the stretch of motorway will be operated and maintained
to construction and transport) the definition of the technical condition of the highway at the time of
its surrender by the concessionaire and the takeover by the State after the expiry of the
the concessionary period,
l) commitment to dealers to pass after the expiry of the agreed time, the stretch of motorway
of the State in the construction and transport technical condition laid down by the Treaty and
the commitment of the State to take over,
m) commitment of the concessionaire to provide on a quarterly basis the Ministry of transport and
connections written information on ways to ensure during the construction,
the operation, repair and maintenance of the motorway,
n) commitment of the concessionaire to provide the challenge the Ministry of transport and
communications information needed to check the duration of the conditions laid down in
the concessionary contract,
about) the reasons for the withdrawal;
p) way of mutual settlement in case of withdrawal from the contract,
r) penalties in the case of non-compliance with contractual terms and conditions.
(1) if the concessionaire operates the activities other than the construction,
operation and maintenance of the highway, shall keep for these activities
separate cost accounting, sales and revenues, including sales; financial
resources from the activities financed by public funds cannot be used to
the funding of other activities.
(2) the duration of the concession contract, the concessionaire is responsible for
construction, operation and maintenance of the highway and in compliance with for the building and
the technical condition of highway transportation provided for in this law.
8A) § 4 of law No. 104/2000 Coll. on the State Fund of transport infrastructure
and on the amendment of Act No. 171/1991 Coll., on the scope of the authorities of the Czech Republic,
in cases of transfers of State assets to other persons and the National Fund
the property of the Czech Republic, as amended.
8B) Act No. 363/1999 Coll., on insurance and amending certain
related acts (the Insurance Act), as amended
The former part of the fourth to seventh are referred to as part of the fifth to eighth.
3. In article 25, paragraph 6, the following paragraph (g)), including
footnote No. 13a) reads as follows:
"(g) the use of local) exceptional communication and road samojízdnými work
machine and tractor trailers that do not have an approved
technical competence under special legislation. ^ 13a)
13A) Act No. 56/2001 Coll., on conditions for the operation of vehicles on the road
roads and on the amendment of the Act No. 168/1999 Coll., on liability insurance
for damage caused by operation of the vehicle and amending certain related
laws (the law on the liability insurance of the vehicle), as amended by
Act No. 309/1999 Coll., as amended. ".
This Act shall take effect on 1 January 2000. January 1, 2003.
Havel, v. r.
Zeman in r.