Road Traffic (Amendment) Act

Original Language Title: změna zákona o pozemních komunikacích

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=53556&nr=256~2F2002~20Sb.&ft=txt

256/2002 Sb.



LAW



of 24 July 2003. May 2002,



amending Act No. 13/1997 Coll. on road traffic, as amended by

amended



Parliament has passed the following Act of the United States:



Article. (I)



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

as follows:



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):



"PART FOUR



CONVERT THE EXERCISE OF CERTAIN RIGHTS AND OBLIGATIONS OF THE STATE IN CONNECTION WITH THE

THE CONSTRUCTION, OPERATION AND MAINTENANCE OF THE HIGHWAY



§ 18a



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)



section 18b



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.



section 18e



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

resources,



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

take over,



(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

the concessionaire,



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.



section 18E



(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

regulations. ".



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. ".



Article II



This Act shall take effect on 1 January 2000. January 1, 2003.



Klaus r.



Havel, v. r.



Zeman in r.