The Amendment To The Law On Road Traffic And Changes In Related Laws

Original Language Title: změna zákona o silniční dopravě a změny souvisejících zákonů

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=77308&nr=119~2F2012~20Sb.&ft=txt

119/2012 Sb.



LAW



of 14 June. March 2012,



amending the law No 111/1994 Coll. on road traffic, as amended by

amended, and other related laws



Parliament has passed the following Act of the Czech Republic:



PART THE FIRST



Amendment of the Act on road transport



Article. (I)



Law No 111/1994 Coll. on road traffic, as amended by Act No. 38/1995

Coll., Act No. 304/1997 Coll., Act No. 132/2000 Coll., Act No. 150/2000

Coll., Act No. 361/2000 Coll., Act No. 175/2002 Coll., Act No. 320/2002

Coll., the Act No. 577/2002 Coll., Act No. 103/2004 Coll., Act No. 186/2004

Coll., Act No. 1/2005 Coll., the Act No. 229/2005 Coll., Act No. 253/2005

Coll., Act No. 411/2005 Coll., Act No. 226/2006 Coll., Act No. 374/2007

Coll., Act No. 124/2008 Coll., Act No. 130/2008 Coll., Act No. 250/2008

Coll., Act No. 274/2008 Coll., Act No. 227/2009 Coll., Act No. 281/2009

Coll. and Act No. 194/2010 Coll., shall be amended as follows:



1. In article 1 (1). 1, the words "the law regulates" shall be replaced by "this law

modifies the following on directly applicable European Union legislation ^ 13) ".



Footnote 13 is:



"13) European Parliament and Council Regulation (EC) no 1071/2009 of 21 April.

October 2009 establishing common rules concerning the binding

the conditions for the exercise of the profession of entrepreneur in road transport and repealed

Council Directive 96/26/EC.



Regulation of the European Parliament and of the Council (EC) no 1072/2009 of 21 April.

October 2009 on common rules for access to the international market

road freight transport.



Regulation of the European Parliament and of the Council (EC) No 1073/2009 of 21 April.

October 2009 on common rules for access to the international market

coach and bus transport, and amending Regulation (EC) No 561/2006 ".



2. In article 1 (1). 2 the words "the police of the Czech Republic" shall be replaced by the words

"armed security corps".



3. In section 2, paragraph 3, the following paragraph 4 is added:



"(4) the carrier is a natural or legal person responsible for the road

transport. The domestic carrier is the carrier who operates road

transport for hire needs on the basis of the concession "^ 1") or the road traffic

for own needs in order to ensure its business activities

on the basis of trade licence or other permission granted in accordance with

special legal regulation authority of the Czech Republic. Entrepreneur in

road transport is a domestic carrier operating road transport for the

Foreign needed. ".



Paragraphs 4 to 20 is renumbered as paragraphs 5 to 21.



4. In section 2, at the end of paragraph 5, the following sentence "for the national road

transport transport, shall also be considered when the starting point and destination

It lies on the territory of one Member State of the European Union or other

Contracting State to the agreement on the European economic area or the Swiss

Confederation (hereinafter referred to as "Member State"), but part of the journey will take place on

the territory of another Member State, on the territory of another Member State

not stop for loading or unloading of passengers or does not

the loading or unloading of animals or things. ".



5. In section 2, at the end of the text of paragraph 6, the words ", if it does not

about the national road transport ".



6. In section 2 (2). 11, the words "regular passenger transport, referred to in paragraph 6,

international shuttle service referred to in paragraph 7 and even taxi service

referred to in paragraph 8 shall be replaced by "regular passenger transport by

paragraph 6, of the international shuttle service referred to in paragraph 8 and even

taxi service referred to in paragraph 9.



7. In section 2, paragraphs 12 to 15:



(12) the replacement bus service is operating regular passenger transport

instead of temporarily suspended railway traffic on national,

regional, tramway, trolley bus or on the runway special ^ 1a).



(13) the Line is the sum of the transport connection to route the traffic path specified

default and stop and rest stops, which are

provided transport services in accordance with a valid licence or permit and in accordance with

the approved timetable. Bus transportation is within the lines,

that is a time-and locally determined timetable.



(14) a large vehicle is a vehicle or combination of vehicles, the largest

authorised mass of more than 3.5 tonnes, intended for the carriage of

animals or things, or vehicle intended for the transport of more than 9 persons

including the driver.



(15) the Small vehicle is a vehicle or combination of vehicles on a maximum permitted

weight not exceeding 3.5 tonnes, intended for the transport of animals or

things, or vehicle intended for the carriage of no more than 9 persons, including the driver. ".



8. In section 2, paragraph 21 shall be deleted.



9. In section 3, paragraph 3. 1, letter a) including footnote No 14:



"and operate the road transport vehicle), which was allocated to the State

the identity of the Czech Republic and which is registered in the registry

road vehicles under special legislation ^ 14)



14) 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

persons for damage caused by operation of the vehicle and amending certain

related laws (the law on liability insurance

the vehicle), as amended by Act No. 309/1999 Coll., as amended

regulations. ".



10. the footnote 3a shall be deleted.



11. In section 3, paragraph 3. 1 (a). (b)), the words "European Community" ^ 4 d) "

replaced by the words "European Union" ^ 4 d) ". Footnote No. 4 d is added:



"4 d) European Parliament and Council Regulation (EC) No 561/2006 of 15 March 2006.

March 2006 on the harmonisation of certain social legislation

relating to road transport, amending Council Regulation (EEC) No 3821/85

and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 ".



12. In section 3, paragraph 2 shall be deleted.



Paragraphs 3 and 4 shall become paragraphs 2 and 3.



13. In section 3, paragraph 2:



"(2) a domestic carrier operating road transport vehicles used to

transport of persons, with the exception of passenger vehicles used for personal

the need for, and the domestic carrier operating road transport vehicle or

combination of vehicles, the largest permissible weight exceeding 3.5 tonnes

If they are intended for the transport of animals or things shall be obliged to



and) ensure that the driver is properly led the record of the time of driving the vehicle,

the safety breaks and rest time under this Act, directly

the applicable regulation in the European Union ^ 4 d) or an International Convention,

the Czech Republic is bound and which has been promulgated in the collection of

the collection of laws or international treaties, and



b) keep a record referred to in subparagraph a) and proof of cargo for a period of 1 year from the

their transport. ".



14. In section 3, paragraph 3. 3 the letter a) is repealed.



The former subparagraph (b)) and (c)) shall become letters and) and (b)).



15. In section 3, paragraph 3. 3 (b). and the word ") and" is replaced by a comma and the words "

If it is required to keep pursuant to paragraph 3.0 "shall be replaced by the words" and the time

rest, if you must keep it in accordance with paragraph 2, and ".



16. In section 3, the following paragraph 4 is added:



"(4) a way of keeping a record of the time driving, safety

breaks and rest time, the elements of this record, and the period for

that must be a record of the time of the driving, safety

breaks and rest time in the vehicle, and the documents that must be

This record included, lays down the law. ".



17. sections 4 to 8, including headings and footnotes, No 15:



"section 4



The conditions for the operation of road transport



Engage in road transport for hire needs can only be based on the

concessions ^ 1), unless otherwise provided by this Act.



§ 5



The transportation authority can issue an opinion on the request for the concession or change of

the decision on granting a concession, stating whether it agrees with the granting of an

the concessions. The application for the concession for the operation of road transport of small

vehicles shall issue transport authority always assent.



§ 6



Special conditions for the operation of road transport for hire needs

large vehicles



(1) to grant the concession for the operation of road transport of large vehicles can be

the only legal person established on the territory of the Czech Republic or the physical

a person with permanent residency on the territory of the Czech Republic or a similar residency

on the territory of a another Member State, which satisfies the Special

the conditions in the regulation directly applicable European Union ^ 15), which

are



and) establishment,



(b)) a good reputation,



(c)) financial capacity and



d) competence.



(2) the concession for the operation of road transport of large vehicles cannot be

grant to the person who is entitled to carry out road transport, large

vehicles in another Member State than in the Czech Republic.



section 7 of the



Good reputation



A person has a good reputation, which is unblemished by the Trade Licensing Act,

If the reputation has not lost a decision under section 35a.



§ 8



Financial eligibility



(1) financial capacity can be demonstrated in all the ways listed in the directly

the applicable regulation in the European Union ^ 15). Applicants for the concession, which will lead

accounting, financial capacity can demonstrate the opening balance or

the opening balance in the simplified range. Applicants for the concession, which

will the tax records, the financial capacity of the show opening

an overview of the assets.
(2) the duration of the financial capacity of the entrepreneur proves in road

transport services operated by large vehicles transport Office on each

calendar year not later than 31 December 2006. in July of this year. If so requested by

entrepreneur in the road transport sector operated by large vehicles transport Office

before the expiry of this period of her extension shows the duration of the financial

eligibility no later than 31 December 2006. August of the calendar year.



15) European Parliament and Council Regulation (EC) no 1071/2009. ".



18. in section 8 shall be inserted a new section 8a to 8 c, including the titles and notes

footnote No. 16 and 17:



"§ 8a



The competence of the



(1) the condition of professional competence shall be met if it is professionally

responsible representative of the eligible businesses in the road transport sector operated

large vehicles.



(2) the competence of the authority of the certificate, the evidence of živnostenskému

professional competence for the operation of road transport issues



and the Office on the basis of transport) successfully composed of subjects and tests for

the conditions laid down by the regulation directly applicable European Union ^ 16),

or



(b)) the authority of another Member State than in the Czech Republic by directly

the applicable regulation in the European Union ^ 17).



(3) the competence evidenced especially for freight transport

operated by a vehicle or combination of vehicles on a maximum permitted

the weight of more than 3.5 tonnes, intended for the transport of animals or

things, and especially for the passenger transport operated the vehicle intended for

the transport of more than nine persons including the driver.



(4) the test referred to in paragraph 2 (a). and transport, the competent authority)

According to the place of residence of the applicant or, if the applicant does not have a permanent residence

on the territory of the Czech Republic, according to the habitual residence of the applicant in accordance with

the regulation directly applicable European Union ^ 16). The test is open to the public.



(5) the test is written in the Czech language and consists of test and case

the study. On the progress of the test and its result evaluates supervises at least

three trial a Committee appointed by the Office of transport. If the applicant for the

the test failed, it can repeat the test.



(6) on the progress and result of the test, the test shall be the Commission within 7 days from the date

the date of the test protocol. If the applicant for the test succeeded, he shall issue to the

Transport Authority the certificate referred to in paragraph 2. If the applicant for the test

He failed, his transport authority immediately after the copy

the log shall inform and instruct him about the conditions of the test.



(7) the questions and sample award case studies for the test referred to in

paragraph 2 (a). and the Ministry of transport) and shall publish them in the

Journal of transport. The procedure for the examination of professional competence, folding

the method of evaluation and lay down the detailed conditions for test

legal prescription.



§ 8b



Responsible representative of the



(1) the entrepreneur in the road transport sector operated by large vehicles must

operate the business through the responsible representative ^ 5).



(2) the entrepreneur in the road transport sector operated by large vehicles shall designate

responsible representative of the natural person who satisfies the conditions directly

the applicable regulation in the European Union ^ 17). If is an entrepreneur in the road

transport of natural person and meets the following conditions, the responsible

representative to establish himself.



(3) the Entrepreneur in the road transport sector operated by large vehicles can

establish a responsible representative of the person who does not have an actual link to it

According to the regulation directly applicable European Union ^ 17), if the sum of the

large vehicles used by this entrepreneur to business does not exceed

50.



(4) the responsible representative may operate simultaneously for a maximum of 4

entrepreneurs in the road transport sector operated by large vehicles, if

the sum of large vehicles used by these entrepreneurs to do business

shall not exceed 50.



§ 8 c



Opinion of the transport Office



(1) If an applicant for the concession or for amendment of a decision on the award of concessions

for the operation of road transport of large vehicles satisfies the conditions

referred to in section 6 (1). 1 (a). and (c))) and in section 6 (1). 2 and it established

responsible representative meets the conditions referred to in section 8b in its entirety

the subject of business referred to in the application, the Office shall issue to the transport request

the granting of the concession or modification of the decision on the granting of concessions in favour of

the opinion.



(2) if the applicant for the concession or for amendment of a decision on the award of concessions

for the operation of road transport of large vehicles satisfies the conditions

referred to in section 6 (1). 1 (a). and (c))) and in section 6 (1). 2 or

designated responsible representative meets the conditions referred to in section 8b only for

part of the business referred to in the request, the transport authority in

opinion on the agreement with the granting of concessions or change the decision on the

the only concession to this part of the business. To the part of the subject

business, for which the conditions referred to in the first sentence, the

the transport authority in the opinion of the opposition and the opinion of the grounds for refusal.



(3) If an applicant for the concession or for amendment of a decision on the award of concessions

for the operation of road transport of large vehicles does not meet any of the

the conditions referred to in section 6 (1). 1 (a). and (c))) and in section 6 (1). 2 or

It established the responsible representative does not meet any of the conditions

referred to in section 8b and cannot proceed in accordance with paragraph 2, shall issue transport

the authority to grant concessions or request amendment of the decision on the

concessions of the dissenting opinion and shall provide reasons for this opinion.



(4) an applicant who intends to carry out road transport operations in large vehicles, to

the request for the concession or the amendment of the decision on the granting of concessions in addition to

requirements laid down by the trade law joins



and a document certifying the legal reason) use of space for the fulfilment of the conditions

established by the regulation directly applicable European Union ^ 14)



(b)) a document certifying the legal reason for the use of at least 1 large vehicle after

the granting of the concession or modification of the decision on the award of concessions,



(c)) documents proving the condition of financial eligibility, the



(d) a certificate of compliance with conditions) of good reputation, if the applicant or

appointed by the responsible representatives issued by directly applicable

Regulation of the European Union ^ 15), and



e) If a person has, which the applicant instituted the responsible representative, to

the actual link to the applicant, proof of this binding.



(5) unless the application for the concession or the amendment of the decision on the grant of

the concessions included the supporting documents referred to in paragraph 4 in sufficient scale or

It is necessary to assess compliance with the conditions referred to in section 6 (1). 1 (a). and)

(c)) and in section 6 (1). 2 or § 8b, the Office may invite the applicant to transport

the concession or the amendment of the decision on the granting of concessions to complete the request; to

He shall fix a reasonable time limit. The Office shall send a copy of the transport challenges

also the živnostenskému of the Office. After the time period referred to in the invitation period is not running

for the opinion. The transport authority concerned, accompanied by the supporting documents

živnostenskému Office, together with the opinion.



(6) Transport Authority issued the opinion also to applications for approval

the new provisions of the responsible representative, if this is about the operation of the

road transport of large vehicles. Transport Office shall issue a favourable

the opinion, when newly appointed responsible representative meets the conditions

under section 8b. Otherwise, the transport authority will issue a dissenting opinion

and this opinion on the reasons for such refusal.



(7) the application for approval of a new representative of the applicant attaches responsible

the documents referred to in paragraph 4 (b). (d)), and (e)). The procedure referred to in paragraph 5, the

be used by analogy.



16) Article. 8 and annex 1 of European Parliament and Council Regulation (EC) No.

1071/2009.



17) Article. 4 regulation of the European Parliament and of the Council (EC) no 1071/2009. ".



19. In section 9 (2). 1 the words "taxis, buses, tractors and

commercial vehicles with a total weight of more than 3.5 tons, which "

replaced by the words "the great vehicle".



20. In article 9, paragraph 2, including footnotes, No 18:



"(2) Entrepreneur in road transport is required to ensure that



and) in each vehicle used for business when its operation was proof

about the business, the International Treaty of special regular

transport, if so directly applicable regulation the European Union ^ 18), and

other documents related to the carried out transport issued under this

the law, directly applicable regulation the European Union ^ 13) or the renowned

the international treaty, which the Czech Republic is bound,



(b) the driver of a vehicle) work intended for the transport of more than nine persons, including the

driver only carries out a person who is not an obstacle to the reliability of the

in accordance with paragraph 3 (b). and) or (b)), and



(c)) work driver of a vehicle intended for the carriage of no more than 9 persons, including the

the driver exercised the only person reliable.



18) European Parliament and Council Regulation (EC) No 1073/2009. ".



21. In section 9 (2). 3 letters and) and (b)):



"and that was for the Court) of the offence penalty ban

activity consisting in the prohibition of driving motor vehicles whose performance

ended in the last 3 years, or from whose performance was in the last 3

years conditionally waived



(b)) that have been imposed penalties for the offense committed in the last 3

years of



1. driving a motor vehicle immediately after ingestion of an alcoholic

drinks or after the use of other addictive substances or at such a time after ingestion
alcoholic beverages or use of other addictive substances, that is still

under their influence,



2. driving a motor vehicle in the State of negative capability

přivozeném the ingestion of alcoholic beverages or use of other addictive

the substance, or



3. the refusal to submit to an examination of whether, when driving a motor vehicle

not affected by alcohol or another addictive substance, ".



22. In section 9 (2). 3 (b). (c)), d) and (e)), the word "or" is deleted.



23. In section 9 (2). 3 (b). (f)), the comma shall be replaced by "or".



24. In article 9(1). 3 (b). (g)), the word "other" is replaced by the word "fourth".



25. In section 9, paragraph 4:



"(4) an entrepreneur in road transport is further required to:



and repair large vehicles) with the exception of minor repairs on

areas designated and proof of service outside of your own

keep the premises for a period of 2 years and



(b)) before the start of the operation of services to communicate transport office number

the vehicles, which will operate, their State registration

the brand of the Czech Republic, the largest allowable weight, the total number of seats

for the transport of persons, including the driver, brand and trade mark and the

report within 30 days of the formation of the operative event is any change in this

data. ".



26. In section 10, paragraph 1 reads:



"(1) an entrepreneur in the road transport sector can operate regular passenger

transport, only if the holder of the



and the license to operate regular) passenger transport (hereinafter referred to as the "license")

granted by the transport



(b) a licence granted by the Ministry of transport) and the body of another State whose

the territory of the line leads, if it is about the international regular passenger services,

or



(c) the authorisation to operate international) regular passenger transport by

the regulation directly applicable European Union ^ 18) granted by the Ministry of

transport or authority of another Member State than the Czech Republic,

If there is no contract for special regular services referred to in the international

the regulation directly applicable European Union ^ 18). ".



27. In section 10, paragraph 1. 2 (a)) shall be deleted.



Letters b) to (h)) shall become letters and) to (g)).



28. In section 10, paragraph 1. 2 (a). g), the words "; This provision shall not apply

on the urban bus service "are replaced by the words", if it is about

international regular passenger services ".



29. In section 10, paragraph 1. 3, the words ", with the exception of international regular passenger

transport, where the decisions of the relevant Ministry of transport and communications "

shall be deleted.



30. In section 11 (1). 2 with the number "3" is replaced by "2".



31. In section 12, paragraph. 1 the number "45" is replaced by "60".



32. In section 12, paragraph. 2 to 4, § 17 paragraph. 1 and 2, section 30, paragraph. 2, § 34 paragraph. 4 and

in § 40 paragraph. 2, the words "and" shall be deleted.



33. In article 16, point (d)) shall be deleted.



Letter e) is renumbered as paragraph (d)).



34. under section 16 shall be inserted a new section 16a is inserted:



"§ 16a



For the issuance, amendment and withdrawal of authorisation to pursue the international regular

personal transport in accordance with the regulation directly applicable European Union ^ 18)

the provisions of section 11, section 12, paragraph. 3 and § 13 to 16 shall apply mutatis mutandis. ";"



35. In section 18 (a). (c)), after the words "in accordance with", the words "the conditions

laid down in the decision granting the licence or permit, ".



36. In § 21. 3, the first sentence shall be inserted after the phrase "operator

taxi service is obliged to ensure that the driver has led traffic records

taxis, and these records shall be kept for a period of 1 year

from their transport. ".



37. In § 21. 3 the third sentence, after the words "the use of the meter," shall be inserted after

the words "how to conduct and record details of the operation of the vehicle

taxis, ".



38. In § 21. 5, the words "the competent to issue opinions on the

concession contract "shall be deleted.



39. In § 21. 6 the letter a) is repealed.



Letters b) to (d)) shall become letters and) to (c)).



40. Section 21b is at the end of paragraph 2 the following sentence "the essentials of record

the order lays down implementing legislation. ".



41. In section 21b shall be added to paragraph 5, including the footnote.

19:



"(5) the operator of an international occasional passenger road transport

Furthermore obliged to ensure, that in the vehicle, which carries out transport, was

the completed data sheet according bicycles located directly applicable regulation

Union ^ 19) or by the renowned international treaty, which is the Czech

Republic is bound. The journey form shall issue to the operators of the form

occasional passenger road transport, at its request, the Ministry of

transport or a person designated by the Ministry of transport.



Article 19). 2 (2). 4 and article. 12 regulation of the European Parliament and of the Council (EC)

No 1073/2009. ".



42. In section 22 paragraph 2 is added:



"(2) road transport is allowed to carry dangerous goods only

as defined by the European Agreement on the international carriage of dangerous

goods (ADR) (hereinafter referred to as "the ADR Agreement") ^ 7), and under the conditions

listed. ".



43. section 23 reads as follows:



"§ 23



(1) the person transferring the transport of dangerous goods (hereinafter referred to as

the "sender") is required in the transport of dangerous goods in accordance with the

Agreement ADR



and carriers) to pass properly and completely filled with the accompanying documents,



(b)) to classify and pass only to the transport of dangerous goods, the carriage of

is permitted,



(c)) to pass the dangerous goods for carriage only if they comply with the provisions

on the mode of transport of dangerous goods,



d) comply with the provisions on the prohibition of mixed loading,



e) used to pack dangerous goods only approved and prescribed

packaging,



(f)) to classify, package and label dangerous goods inscriptions and pieces

safety marks,



(g)) mark the container labels and the designation relating

the cargo,



h) establish a safety adviser for the transport of dangerous goods,



I) secure the training of other persons involved in the transport and



j) keep for a period of 2 years, the prescribed documents.



(2) the carrier is obliged to in the carriage of dangerous goods in accordance with the

Agreement ADR



and) ensure that in a transport unit during transport have been properly and fully

filled with the accompanying documents,



(b)) to ensure that, for the transport of dangerous goods has been used transport

Unit to fit and equipped with the prescribed documents,



(c)) to ensure that the transport of only crew transport units

of the holders of the respective certificate,



(d)) to take to transport and transport dangerous goods only, of which

the carriage is permitted,



(e) to ensure compliance with the provisions of) the loading, including a ban on the common

loading, unloading, handling, stowage, traffic transport

Unit and supervision over it,



(f) to prevent the escape of substances), or damage to the goods and the Muslim

for the transport of dangerous goods, for which their is damaged or

leaking,



(g)) to ensure that in the event of an accident or incident, members of the

of the vehicle crew carried out the measures referred to in the written instructions for the

the driver of the vehicle,



(h)) to perform the carriage of transport unit marked safety

signs and indications relating to the cargo,



I take to transport only) container marked with safety signs

and the designation relating to the cargo,



j) use the transport unit equipped with the prescribed equipment,



to) comply with the provisions of the mode of transport of dangerous goods,



l) equipping the transport unit fire extinguishers,



m) establish a safety adviser for the transport of dangerous goods, and



n) keep for a period of 2 years, the prescribed documents.



(3) a person to ensure the unloading of dangerous goods (hereinafter referred to as "the recipient")

When the transport of dangerous goods is required in accordance with the agreement of the ADR



and establish a safety adviser for the) transport of dangerous goods,



b) comply with the provisions of unloading, cleaning and decontamination of vehicles,



(c) ensure the training of the other) the persons involved in the transport and



(d)) kept for 2 years of prescribed documents.



(4) the obligations of the carrier, the sender and recipient must be provided in

the case for its own needs. "



44. In article 26, the words "international agreement, to which the Czech Republic is bound by the

and that was published in the collection of laws "shall be replaced by the words" the renowned

the international treaty, which the Czech Republic is bound, or directly

applicable regulation the European Union ^ 13) ".



45. At the end of section 27 the following sentence "Foreign hauliers are further

required to ensure that the vehicle during its operation, the documents referred to in section

3 (3). 3 and section 9 (2). 2 (a). and on a foreign carrier.) is also

subject to the obligation referred to in section 3, paragraph 3. 1 (a). e).“.



46. In section 31, paragraph. 1, after the words "authorization of the Czech Republic"

the words "unless it is a in international transport by directly applicable

Regulation of the European Union ^ 20) ".



Footnote No 20:



"20) European Parliament and Council Regulation (EC) no 1072/2009. Regulation

The European Parliament and of the Council (EC) No 1073/2009. ".



47. In section 32, paragraph. 1, the words "international agreement, to which the United

Republic is bound and which has been promulgated in the collection of laws "are replaced by

the words "renowned international treaty, which the Czech Republic is bound,

or directly applicable European Union ^ 20) ".



48. In § 32 paragraph 2 is added:



"(2) a special permit may be issued only to foreign carriers, which
It is in accordance with the regulations in force in the State on whose territory it has its registered office or

residence shall be entitled to operate international road haulage, and only the

due to the exceptional transport needs, which cannot be secured to the carrier

established in the Czech Republic, and on the basis of reciprocity or the renowned

the international treaty, which the Czech Republic is bound. On the issue of

a special permit is not a legal claim. ".



49. section 33a and 33b including footnotes No 21 to 23 are added:



"§ 33a



(1) to carry out international transport operations under the conditions of large vehicles

set directly applicable EU regulation ^ 20) can be used only on the

under the licence of the Community (hereinafter referred to as "eurolicence").



(2) on the issue of the transport authority decides on eurolicence upon request.



(3) If an entrepreneur in road transport fulfils the conditions for the issue of

eurolicence set directly applicable EU regulation ^ 21),

transport authority instead of the written copy of the judgment shall issue

eurolicenci; at the same time shall issue him with a copy of the vehicle for each large eurolicence,

for which demonstrated the financial capacity and that he reported to the transport

authority under section 9 (2). 4 (b). (b)).



(4) where the entrepreneur in the road transport sector financial capacity for

a smaller number of large vehicles than the number of copies already issued

eurolicence, redundant copies of the transport authority to eurolicence

30 September of the calendar year in which the duration of financial eligibility

the respondent. Unless the entrepreneur in the road transport sector the financial

competence, in this period the transport Office and eurolicenci

all of its copies.



(5) If an entrepreneur in road transport ceased to operate

great vehicle, for which he was issued a copy of eurolicence, surrender

redundant copy of transport authority eurolicence within 60 days from the date when the

This vehicle ceased to operate.



(6) where the entrepreneur in the road transport sector financial capacity for

a greater number of large vehicles than the number of copies already issued

eurolicence and report these vehicles transport authority under section 9 (2). 4

(a). (b)), issue of transport authority at the request of the entrepreneur in road transport

the number of additional copies eurolicence.



(7) the Eurolicence and its copies shall cease to be in force on the extinction of the concession

or the expiry of the period for which they were issued. Entrepreneur in the road

transport, which have been issued and copies eurolicence must

surrender means the Office within 60 days from the date of expiry.



section 33b



(1) in the operation of international services by large vehicles used to

the transport of animals or things you can take advantage of the driver who is not a citizen

Member State or a resident ^ 22), only on the basis of the driver's certificate

According to the regulation directly applicable European Union ^ 23) (hereinafter referred to as

"the driver's certificate").



(2) on the issue of driver attestations shall be decided by the Office of transport on the basis of

request.



(3) If an entrepreneur in road transport fulfils the conditions for the issue of

the driver's certificate provided for directly applicable provision of the European

Union ^ 23), the transport authority to him instead of the written copy of the decision to issue a

the driver's certificate and a copy thereof.



(4) an entrepreneur in road transport is required to notify, without undue

the delay means the Office changes all the facts evidencing compliance with the

the conditions for the release of the driver attestation referred to in paragraph 2.



(5) traffic Office shall decide on the withdrawal of the driver's certificate in cases

set directly applicable EU regulation ^ 23).



(6) the driver's certificate and a copy thereof are to lapse on the expiry of the period

which have been issued, or the acquisition of a legal decision on the withdrawal of the

the driver's certificate. Entrepreneur in road transport, which were certificate

the driver and a copy thereof issued, is obliged to take them to the transport authority to

60 days from the date of expiry.



21) Article. 4 regulation of the European Parliament and of the Council (EC) no 1072/2009. Article.

4 European Parliament and Council Regulation (EC) No 1073/2009.



22) Article. 5 (3). 1 (a). (b)) European Parliament and Council Regulation (EC)

No 1072/2009. Act No. 326/1999 Coll., on stay of foreigners on the territory of the Czech

Republic, as amended.



23) European Parliament and Council Regulation (EC) no 1072/2009. ".



50. In § 33 c, the word ' certified ' shall be deleted.



51. § 33d:



"§ 33d



(1) a carrier operating international passenger transport for own needs

According to the regulation directly applicable European Union ^ 18) must be in possession of

certificate of operation for its own account.



(2) for the issue of a certificate of operation for own use

the transportation authority decides on the basis of the application.



(3) if the carrier meets the conditions for issuance of the certificate of operation

transport for own account fixed directly applicable law

The European Union ^ 18), the transport authority instead of the written copy

the decision shall issue a certificate of operation for its own account in

the number of copies which the carrier asked.



(4) the carrier is required to ensure that each vehicle used for the

the operation of transport referred to in paragraph 1 was in its certificate of operation

transport for own account.



(5) a certificate of operation for its own account shall cease to

the validity of the expiry of the period for which it was issued. The carrier is obliged to

all copies of the certificate of operation for own use

surrender means the Office within 60 days from the date of expiry. ".



52. the following section shall be added to § 33d 33e, which reads as follows:



"section 33e



(1) the carrier has been issued, a certificate of a driver or eurolicence

certificate of operation for its own account, is obliged to notify

change of information contained in these documents means Office within 15 days from the

the date of the change.



(2) the Office of transport on the basis of a notification under paragraph 1 shall issue a new

eurolicenci, driver's certificate or a certificate of operation for

own use, if they are to continue to meet the conditions by directly

the applicable regulation in the European Union ^ 20).



(3) a driver attestation, Eurolicence and their copies and certificates of

transport for own account shall cease to be in force on the release

the new document. The carrier is obliged to submit the original documents to the transport

Office within 30 days from the date of their expiry.



(4) the procedure referred to in paragraph 2, § 33a paragraph. 2 and 3, section 33b, paragraph. 2 and 3

and § 33d paragraph. 2 and 3, will apply mutatis mutandis. ";"



53. In article 34, the following new paragraphs 1 and 2 shall be added:



"(1) State administration under this Act shall be exercised by the Ministry of transport and

transport authorities. Transport authorities are



and the Prague City Hall), municipalities and cities

municipal authorities of municipalities with extended powers in matters of urban bus

transport and taxi services, and



(b)), the regional offices in other matters.



(2) unless otherwise provided in this Act, specifies the local jurisdiction

the transport authority of the party to the proceedings, if the legal

the person or the place of business of a party, in the case of physical

person. ".



Paragraphs 1 to 4 shall be renumbered as paragraphs 3 to 6.



54. In § 34 paragraph. 6 ' 2 and 3 ' shall be replaced by the words "4 and 5".



55. § 34b and 34 c, including title and footnotes, no 24:



"The register of entrepreneurs in road transport



§ 34b



(1) the registry of entrepreneurs in road transport includes the registration of data on

entrepreneurs in road transport and their responsible representatives.

The register of entrepreneurs in road transport is a public information system

Administration under a special law ^ 24), whose Manager is the Ministry of

transport.



(2) in the register of entrepreneurs in the road transport for entrepreneurs in the

road transport operated by large vehicles presents



and company or business name), where appropriate, the name and surname, or

the distinctive addition, address of the place of residence, date and place of

of birth, address of place of business and identification number of the entrepreneurs,

who is a natural person,



(b) the business name or name), address of the registered office and identification number

the entrepreneur, who is a legal person,



(c) information on the responsible representatives) in accordance with paragraph 3,



(d) decision on identification data) the granting of a concession to operate a

road transport for hire needs and information about the extent of the concession, the change

and the cancellation,



e) data on the duration, scope and financial loss and professional competence and

good reputation,



(f)) under section 9 (2). 4 (b). (b)) to the vehicle with which the entrepreneur

road transport runs,



g) identification of the documents issued pursuant to this Act and direct

the applicable regulation in the European Union ^ 20) and



h) identification data of the decision imposing the penalties for

administrative offence under this or any other Act and the administrative tort or

offence referred to in the applicable regulation in the European Union ^ 16),

If the penalties for administrative offence or an offence imposed authority

a Member State other than the Czech Republic, and on the kind and the amount of the penalties and

the legal qualification of the misconduct or offence.



(3) in the register of entrepreneurs in road transport is responsible for

the representatives of the States



and) name, surname, date and place of birth and address of the place of stay,



(b)) for which the entrepreneurs in the road transport sector operated by large vehicles

they are appointed by the responsible agent and for how many large vehicles,
(c) whether the entrepreneurs) in the road transport sector operated by large

vehicles, the actual link



(d)) the range of professional competence, the number of the certificate of professional competence,

the date of its issue and the designation of the authority that issued it, and



(e)) that are eligible to manage the transport activities; in the case of

incapacity to manage the transport activity of the period during which the incapacity

It takes.



(4) in the case of entrepreneurs in the road transport sector operated by small vehicles in the

The register of entrepreneurs in the road transport sector provides the information referred to in paragraph 2

(a). and (b))), d), (f)), g) and (h)). For the operators of taxis is also States

information about drivers in the range name or name, last name, date of birth,

address of the place of residence or place of stay allowed, State

affiliation, and information about their reliability.



(5) in the register of entrepreneurs in road transport are recorded also the data

in accordance with paragraph 2 (a). and (b))) and (h)) of entrepreneurs in road transport

operated by large vehicles, who are established in another Member State

than in the Czech Republic and which has been finally imposed the penalties for

administrative offence under this Act.



(6) in the register of entrepreneurs in road transport are recorded also the data

persons who have been issued a certificate of professional competence,

their name, where applicable, the name, surname, date and place of birth, and

the address of the place of residence and a range of professional competence, the number

certificate of professional competence, its date of issue and the designation of the authority,

which issued it.



§ 34 c



(1) the Ministry of the Interior, the police of the Czech Republic or the Czech Statistical

the Office shall provide the Ministry of transport and the transport authorities for the performance of

scope of this Act,



and data from Basic) reference population register,



(b)) the reference data of the register of legal persons,

natural persons-entrepreneurs and public authorities,



(c)) the data from the agendového information system of the population register,



(d)) the data from the agendového information system for foreigners.



(2) Information Provided pursuant to paragraph 1 (b). and are



and last name)



(b) the name or names),



(c)) of the date, place and County of birth; for the data subject, who was born in

abroad, the date, the place and the State where he was born,



(d) the address of the place of stay)



(e)) of the date, place and County of death; in the case of the death of the data subject outside the territory

The Czech Republic, the date of death, place and the State on whose territory the death

has occurred; If the decision of the Court on the declarations for the dead, the day

that is the decision given as the day of death or the day that the body

data declared dead survived, and the date of the entry into force of this

the decision,



(f) citizenship, where applicable) more state citizenship.



(3) Provided the information referred to in paragraph 1 (b). (b))



and company or business name) or the name, or names, first and last name,



(b)) date of registration or date of registration in accordance with other legal

regulations,



(c)) date of disappearance or the date of the deletion of such a registration pursuant to other legal

regulations,



(d)) the legal form,



e) statutory authority,



(f) the address of the registered office) of the legal person or the address of the place of business of the physical

of the person,



(g)) date of commencement and termination of the operation of the activities in the establishment and address

the place of establishment.



(4) the information Provided under paragraph 1 (b). (c))



and, where applicable, names) the name, surname, maiden name,



(b) the date of birth),



(c) the social security number),



(d)), gender,



e) citizenship,



(f)) and the birth place of the district, where appropriate, the place and the State, if the State

a citizen of the Czech Republic was born in a foreign country,



(g) the address of the place of residence),



(h) waiver or restriction of eligibility) to legal capacity,



I) date, place and County of death; where appropriate, the date and place of death, and the State, on the

whose territory the death occurred, in the case of deaths outside the territory of the Czech Republic,



j) day, who was in the Court decision on the Declaration for the dead mentioned

as the day of death or the date on which the citizen declared dead.



(5) Provided the information referred to in paragraph 1 (b). (d))



and, where applicable, names) the name, surname, maiden name,



(b) the date of birth),



(c) the social security number),



(d)), gender,



e) citizenship, or more of State citizenship,



(f) the place and State of birth),



g) type and the address of the place of stay,



(h) the beginning of the stay, if applicable), the date of their stay,



I) deprivation or restriction of legal capacity,



(j)) of the date, place and County of death, where appropriate, the date of death and the State on whose

the territory to the death has occurred, in the case of deaths outside the territory of the Czech Republic,



k) day which was the decision of the Court on the declarations for the dead mentioned

as the day of death or the date on which the stranger declared dead.



(6) data that are kept as reference in the principal registry

the population recovered from the agendového information system registration

of the population or agendového information system for foreigners only if they are

in the shape of the previous status quo.



(7) for the performance of the Trade Licensing Office under this Act the Czech

the Republic provides the following data from the Ministry of transport

trade register of entrepreneurs in road transport



and the identification number of the entrepreneur) in road transport,



(b)) name, surname, date of birth and address of the place of residence

the responsible representative,



(c) the object and scope of business),



(d) the address of the establishment or establishments), in which the business is operated, and

date of commencement and termination of the operation of business in the premises,



e) date of business licence,



(f)) date of suspension or discontinuance and re-launching the operation

trades,



g) sunset date, business



(h) the operation of trade barriers).



24) Act No. 365/2000 Coll., on public administration and information systems of the

Amendment of certain other acts, as amended. ".



56. under section 34 c of the following new section 34d, as follows:



"§ 34d



(1) the Transport authorities entered data and their changes in the register

entrepreneurs in road transport under this Act and directly applicable

Regulation of the European Union ^ 15) and are responsible for the correctness and completeness of these

of the data.



(2) the Ministry of transport is the national contact point by directly

the applicable regulation in the European Union ^ 15). Information pursuant to section 34b of paragraph 1. 2

(a). (h)) on the administrative offences, offences and penalties for them

stored, which saved the authority of another Member State than the Czech

the entrepreneurs in the road transport sector of the Republic or its responsible

representatives of the Ministry of transport, it shall, without undue delay,

the transport authority.



(3) the Ministry of transportation for the duration of the concession shall be published in the manner

enabling remote access of data from the register of entrepreneurs in the road

transport referred to in § 34b paragraph. 2 (a). and (b))), d) and section 34b of paragraph 1. 3,

In addition to the address of the place of residence, and the date and place of birth, and

publish a number of large vehicles, which the businessman in the road

transport transport operates, and the serial number eurolicence and its copies,

If you have been issued.



(4) the authority shall, at the request of transport will provide information from the register of entrepreneurs in

road transport



and the administrative authorities in the range) required for the performance of their responsibilities,



(b)), the courts,



(c)) the authorities active in criminal proceedings,



d) natural or legal persons, with regard to information held about them,



e) other natural or legal persons on the basis of written consent

the person whose information the natural or legal person asks, with its

the original signature authenticated by the competent authority.



(5) the activities referred to in paragraphs 1 and 4 shall be exercised by the Office in relation to the transport



and road transport) entrepreneurs, who have in its territorial jurisdiction

registered office, in the case of a legal person, or place of business, if the

a natural person,



b) entrepreneurs in road transport vehicles operated by the large established

in another Member State than in the Czech Republic, which has been finally put

the penalty for an administrative offence under this Act, and



(c)), which issued the certificate of professional competence for the

road transport operations.



(6) the implementing legislation shall determine the method and form of registration data to

The register of entrepreneurs in road transport. ".



57. In section 35, paragraph. the letter a) to (d)):



") in violation of § 21. 3 does not ensure that the driver has led a record of operation

taxis, or this entry neuschová,



(b)) is a domestic carrier and in violation of section 3 (3). 1 (a). and) operates

road transport vehicle, which has not been assigned a license

the brand of the Czech Republic and which is not entered in the register of road

vehicles,



(c)) in contravention of section 3 (3). 3 (b). (b)) does not ensure that each vehicle was

evidence of cargo and carrier's relationship to him or in violation of section 3 (3). 2

(a). (b)) this document neuschová for a fixed period,



(d) to notify a change of information by) section 33e of paragraph 1. 1. "



58. In section 35 is at the end of paragraph 1, the period is replaced by a comma and the following

the letters j and k)) are added:



"j") in contravention of section 3 (3). 1 (a). (e)) in international transport will not provide,

to the hired vehicle was used, provided that it is on

without the driver, and the vehicle was driving the carrier himself or his employee, or



k) contrary to section 33a, paragraph. 5 or with section 33e of paragraph 1. 3 or 5 fails

eurolicenci or its copy, the driver's certificate or certificate of
transport for own account transport authority. ".



59. In section 35, paragraph. 2 at the end of the text of subparagraph (d)), the words "or

authorisation ".



60. In section 35, paragraph. 2 (a). (g)), after the word "licence", the words "or

authorisation ".



61. In section 35 is at the end of paragraph 2, the period shall be replaced by "or", and

the following point (h)), which read:



"h) contrary to section 3 (3). 2 or 3 or section 27 does not ensure that each

the vehicle was a record of the time of driving the vehicle, the safety and

rest time or does not ensure its proper management is obliged to it

lead, or this entry neuschová after the set period of time. ".



62. In section 35, paragraph. 3 the letter f) and (g)) be deleted.



Subparagraph (h)) to) shall become letters (f)) to (i)).



63. In section 35, paragraph. 3 at the end of the text of the letter h), the words "or

authorisation ".



64. In section 35, paragraph. 4, after the word "hauliers", the words "beneficiaries".



65. section 35a and 35b, including headings and footnotes, no 25:



"section 35a



The loss of good repute



(1) the entrepreneur in the road transport sector operated by large vehicles or

responsible representative of the losing reputation, if



and) shall not be considered impeccable by the Trade Licensing Act, or



(b)) so decided to transport the authority or institution of another Member State than the

Of the Czech Republic.



(2) if the entrepreneur in the road transport sector operated by large vehicles

or the responsible representative is not considered impeccable by trade

the law, the reputation of the times meet the conditions

integrity. Responsible representative at this time becomes

incompetent to manage the transport activity.



(3) the Office shall decide whether the Transport entrepreneur in road transport

operated by large vehicles or a responsible representative of the, which was

final decision is imposed for the infringement referred to in

Annex IV or in the list referred to in article. 6 (1). 2 (a). (b))

the applicable regulation in the European Union, introducing a common

the rules for the exercise of the profession of entrepreneur in road transport ^ 15), loses

a good reputation. The loss of good repute shall be adequate as a result with

regard to the gravity of the infringement.



(4) if the traffic authority decides that an entrepreneur in road transport or

responsible representative of the good reputation, lost in the decision



and) time that the loss of good reputation persists; This period shall not

entrepreneurs in road transport exceed 5 years and for the responsible representative

3 years, and



(b)) in the case of loss of the reputation of a responsible representative, declares

the responsible representative for the unfit to manage the transport activity of the

the time that it takes the loss of good repute.



(5) the procedure for the loss of good repute in accordance with paragraph 3, you can start

not later than 6 months from the date when the transport authority of facts

referred to in paragraph 3 of the learned, but not later than 1 year from the legal

the decision, which has been imposed penalties for infringements

in accordance with paragraph 3. The result of the proceedings shall be recorded in the register of the Office of transport

entrepreneurs in the transport immediately after the decision has become final

legal power.



(6) the certificate of professional competence for the operation of road transport

the responsible representative has become incompetent to manage the transport

activities, shall expire on the date of the loss of good repute. For the issue of

the new certificate shall be valid to section 8a, paragraph. 2 to 6 apply mutatis mutandis; the test can consist

First, in the last month of the time it takes to manage disability

transport activities.



section 35b



The proposal for the amendment or cancellation of business licence



(1) the Transport Authority in the performance of the State's vocational supervision detects,

whether entrepreneurs in road transport operated by large vehicles still

meet the conditions under section 6.



(2) if the Office finds that the trade responsible representative entrepreneurs in

road transport operated by large vehicles ceased to exercise its

function, or does not meet the conditions referred to in section 8b, shall notify this fact without

undue delay, to the transport authority.



(3) If an entrepreneur in the road transport sector operated by large vehicles

no longer meets the condition of establishment, his responsible agent stopped

to perform their function, or does not meet the conditions referred to in section 8b, shall be

the transport authority to demonstrate compliance with the conditions of establishment of recurrence or to

the new provisions of the responsible representative within the period prescribed by directly

the applicable regulation in the European Union ^ 25). During this time can the entrepreneur

operate the road transport without a responsible representative. The challenge to the

the provisions of the new representative responsible also will send živnostenskému

the Office.



(4) the Trade Licensing Office cancels or changes the scope of concessions, if



and approve the new provisions of the responsible) representative whose provisions

It was within the time limit referred to in paragraph 3 is submitted for approval, or



(b) road transport) entrepreneur operating large vehicles



1. has not submitted within the time limit referred to in paragraph 3, the provisions of the new responsible

a representative for approval,



2. has demonstrated compliance with the conditions established in the period referred to in paragraph 3,



3. failed to show the duration of the financial capacity within the time limit under section 8 (2). 2,

or



4. the lost reputation of the decision under section 35a.



(5) the authority shall provide a Transport živnostenskému of the Office, without undue delay

proposal to repeal or amend the scope of the concession in the cases referred to in paragraph

4 (b). b) points 2 to 4.



(6) the period within which under the Trade Licensing Act request

in case of cancellation of the concession contract, shall not apply to the filing of the application for

new grant concessions for road transport services operated by large vehicles

If the previous concessions in this field is canceled in accordance with paragraph 4.



Article 25). 13 (3). 1 regulation of the European Parliament and of the Council (EC) No.

1071/2009. ".



66. under section 35b, the following new section c and 35 c to 35f, which including the heading and

footnote No. 26:



"section c and 35 c



The collection of deposits



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

control and the State vocational supervision pursuant to this Act shall be entitled to

collect bail ranging from CZK 5,000 to Czk 100 000 from the carrier, which is

suspect of committing misconduct under this Act, and

reasonable grounds for believing that it will steer clear of the proceedings of the administrative tort or that

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

costs, or not at all possible.



(2) when selecting the deposit institutions of the Czech Republic Police or customs authorities

instruct the driver, that for the purposes of the collection of the deposit represents 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 be the reason

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

management of the administrative tort and



(b) Protocol on the control results).



(3) the authority of the police of the Czech Republic or the Customs Office shall transmit a copy of the 1

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

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

competent to conduct proceedings on administrative tort.



§ 35d



Avoid driving



(1) where the Authority Is the police of the Czech Republic or the Customs office authorised to select

bail under section c and 35 c and the driver of the bail to the call fails, it will order the Authority Police

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

the carrier, a ride to the nearest place of safety and

the flow of traffic on roads suitable for weaning

the vehicle, and



and prevent him driving) using technical means to prevent the

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



(b)) disables continue driving and detain the driver of the vehicle 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 parking and the costs of prevention in the vehicle shall be charged to

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

his suspension is not affected.



(3) when 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 return of conditions of release

seized documents and issue in duplicate of certificate 4 in

driving the use of technical or resource on the detention of the vehicle documents

and related documents by the transport. 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 Office shall transmit a copy of the 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 from the findings

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

tort, together with confirmation of the prevention and the Protocol on the

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

by the transport.



(5) the authority of the police of the Czech Republic or the Customs Office shall immediately

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

by transport-related, if



and was composed of the bail authority) of the Police of the Czech Republic or the Customs 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 on administrative tort,



(c) administrative proceedings) the administrative tort under this Act was

been terminated or



(d)) was paid the fine and costs imposed in administrative proceedings

the administrative tort under this Act.



§ 35e



If the procedure has been applied under section c and 35 c or 35d, the administrative authority may issue

the imposition of a fine ^ 26), even if that is the only basis for the

his edition of the control protocol for violation of this law, taken by another

by a public authority.



§ 35f



Returning, the forfeiture of the deposit and set-off



(1) the deposit is returned in full if



and the administrative authority did not find the reasons) for the initiation of the administrative

tort under this Act, or



(b) management of administrative tort) under this Act has been

stopped.



(2) where in proceedings on administrative tort under this Act saved

carriers of the obligation to pay the fine and costs, shall

authority of the compound to pay the bail of the fine and costs

the proceedings. If the selected deposit higher than the fine and costs,

Returns the portion of the deposit remaining carriers after the deposit to pay

the fine and costs.



(3) If the administrative authority has established the grounds for the initiation of

the administrative tort under this Act, it shall inform without undue

the delay of the carrier and shall invite him to the communication of 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 competent to decide in the first instance

Returns to the carrier, and it



and) within 15 working days from the date of the entry into force of the decision, if he

they were on the date of the entry into force of decision of the necessary data on the known

bank account to which you can return the bail, or



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

administrative authority the necessary information about the bank account to which the deposit can be

return.



(4) the deposit shall be forfeited if the carrier fails to communicate the transport Office up to 1 year

from the date of despatch of the call or the issue of the necessary information on the decision

bank account to which you can return the deposit or part of it.



26) section 150 of the administrative code ".



67. In section 36 shall be inserted at the beginning of paragraph 1, the phrase "to discuss the administrative

tort in the first instance by the competent traffic authority in the administrative

the circuit has been checked, which was the administrative tort

detected, or the Ministry of transport, in the case of international regular

personal transport. ".



68. In § 36 odst. 3, the second sentence shall be replaced by the phrase "the fine imposed

The Ministry of transport and forfeited the deposit selected for breach of regulations in

international regular passenger services are state income

budget. ".



69. In section 37, paragraph. 3 and § 38 paragraph. 3 the words "§ 35b" shall be replaced by the words "§

c and 35 c and 35d ".



70. In section 38a, paragraph. 1, the words "European Community" shall be replaced by the words

"The European Union".



71. In section 38a, paragraph 2, the following paragraph 3 is added:



"(3) the Department of transportation provides printing and distributing forms



eurolicence and copy) eurolicence,



(b) a certificate of operation of transport) for their own use,



(c) the driver's certificate and a copy) of the certificate of the driver,



(d)), the certificate of professional competence,



(e)) the authorisation to operate regular passenger transport,



(f) the entry authorization)



g) certificate of training of drivers of vehicles carrying dangerous stuff,



h) certificate of vocational qualification of safety advisers for the transport of

of dangerous goods,



I) acknowledgement of receipt of the deposit,



j) spare entry permits and



certificates of competence to) taxi driver. ".



The former paragraph 3 shall become paragraph 4.



72. In section 38a, paragraph 4 reads:



"(4) the model memory control card by directly applicable regulation

The European Union ^ 4e), the prevention of driving by using the technical

the resource or the detention of the vehicle documents and documents related to the

by the transmission and receipt of the deposit laid down detailed

legislation. ".



73. In article 41 paragraph 2 is added:



"(2) the Department of transportation shall issue the implementing legislation for the implementation of section 3 of the

paragraph. 1 (a). (b)), section 3 (3). 4, section 8a, paragraph. 7, section 9 (2). 1, § 17 paragraph. 6,

section 18b, paragraph. 2, § 21. 1, 2, 3, 4, 8 and paragraph. 11 (a). and, § 21b)

paragraph. 2, section 22, paragraph. 5, § 30 paragraph. 2, § 34 paragraph. paragraph 3, section 34d. 6 and section

38A, paragraph. 4. ".



Article. (II)



Transitional provisions



1. the examination of professional competence of applicants to their composition

signed before the date of entry into force of this law, shall be carried out according to the

Law No 111/1994 SB., as amended effective from the date of entry into force of

of this law. The proficiency tests for taxi service is

does not execute.



2. the persons who have passed the examination of professional competence for any of the

freight transport before the date of entry into force of this Act, and

It was not so far issued them a certificate of professional competence, shall issue to the

Transport Office certificate of professional competence for freight transport

operated by a vehicle or combination of vehicles on a maximum permitted

the weight of more than 3.5 tonnes, intended for the transport of animals or

things according to the law No 111/1994 SB., as amended effective from the date of acquisition

the effectiveness of this Act.



3. the persons who have passed the examination of professional competence for any of the

types of passenger transport except taxis before the date of entry into force of

This Bill was not yet released them and certificate of professional

competence, shall issue transport Office certificate of professional competence for the

passenger services operated a vehicle intended for the transport of more than nine

persons, including the driver, according to the law No 111/1994 SB., as amended effective from

date of entry into force of this Act. Persons who have passed the exam

professional competence for taxi service, transport authority does not issue any

certificate of professional competence.



4. The holders of the certificate of professional competence for any of the species

freight transport issued before the date of entry into force of this Act

Transport Authority shall issue, at the request within 30 days of the certificate of professional competence

for freight services operated by a vehicle or combination of vehicles on

largest allowed mass of more than 3.5 tons, are intended to

the transport of animals or things according to the law No 111/1994 SB., as amended by

effective from the date of entry into force of this Act.



5. The holders of the certificate of professional competence for any of the species

passenger transport except taxis issued prior to the date

the effectiveness of this law, the Office shall issue on request of transport within 30 days

certificate of professional competence for passenger services operated by

a vehicle intended for the transport of more than nine persons including the driver, according to the

Law No 111/1994 SB., as amended effective from the date of entry into force of

of this law.



6. Entrepreneurs in road transport and responsible agents, for which the

It was the competence of the subjects provided for implementing the legal

Regulation before the date of entry into force of this law replaced

a reflection on the State or the matriculation examination from the given field and who to

date of entry into force of this Act, have the responsibility

a representative for any of the types of freight traffic operated by the vehicle or

combination of vehicles, the largest permissible weight exceeding 3.5 tonnes

If they are intended for the transport of animals or things, or have a valid concession to

the operation of any of the types of freight traffic operated by vehicle

or a combination of vehicles of a maximum permitted weight of more than 3.5

ton, if they are intended for the transport of animals or things, shall issue transport Office

the request within 30 days of the certificate of professional competence for freight transport

operated by a vehicle or combination of vehicles on a maximum permitted

the weight of more than 3.5 tonnes, intended for the transport of animals or

things according to the law No 111/1994 SB., as amended effective from the date of acquisition

the effectiveness of this Act. The request referred to in the first sentence can be made no later than

2 years from the entry into force of this Act; If no application is filed, the professional

the eligibility of the expiry of that period expires.



7. Entrepreneurs in road transport and responsible agents, for which the

It was the competence of the subjects provided for implementing the legal

Regulation before the date of entry into force of this law replaced

a reflection on the State or the matriculation examination from the given field and who to

date of entry into force of this Act, have the responsibility

a representative for any of the types of passenger transport except taxis or should

a valid concession for the operation of any of the kinds of personal transport, in addition to

taxi, transport Office shall issue on request within 30 days, a certificate of professional

eligibility for passenger services operated by the vehicle intended for

the transport of more than nine persons including the driver, according to the law No 111/1994 SB., in the

the texts of the effective date of the entry into force of this law. The request referred to in the sentence
the first can be made not later than 2 years from the entry into force of this Act;

If no application is filed, the competence of the expiry of this time limit expires.

Certificate of professional competence for the taxi service on the date of entry into force of

This law shall cease to have force and professional competence.



8. the issue of a certificate of professional competence referred to in points 4 to 7 is

relief from administrative fee and is competent to issue the certificate

transport authority at the place of residence of the applicant. The request for extradition

the certificates referred to in paragraphs 4 and 5 shall be accompanied by the certificate of professional competence

issued before the date of entry into force of this Act. The request for extradition

certificate referred to in points 6 and 7 shall be accompanied by a report card on State or

graduation test, replacing the competence, the document on the issue

concessions to operate a transport of the species concerned or proof of performance

the activities of the responsible representative.



Article. (III)



Cancellation provisions



Shall be repealed:



1. The Decree of the Ministry of transport and communications No. 366/1999 Coll. on the method of

the demonstration of the financial capacity of the carrier.



2. Decree No. 97/2001 Coll., amending the Decree of the Ministry of

transport and communications No. 366/1999 Coll. on the method of proof of the financial

the eligibility of a carrier.



3. Decree No. 32/2005 Coll., amending Decree No 366/1999 Coll., on the

way of demonstrating the financial capacity of the carrier, as amended by Decree No.

97/2001 Sb.



PART THE SECOND



Amendment to the Trade Licensing Act



Article. (IV)



Act No. 455/1991 Coll., on trades (Trade Act),

as amended by law no 231/1992 Coll., Act No. 591/1992 Coll., Act No.

600/1992 Coll., Act No. 273/1993 Coll., Act No. 303/1993 Coll., Act No.

38/1994 Coll., Act No. 42/1994 Coll., the Act No. 136/1994 Coll., Act No.

200/1994 Coll., Act No. 237/1995 Coll., Act No. 283/1995 Coll., Act No.

94/1996 Coll., Act No. 95/1996 Coll., Act No. 147/1996 Coll., Act No.

19/1997 Coll., Act No. 49/1997 Coll., Act No. 61/1997 Coll., Act No.

79/1997 Coll., Act No. 217/1997 Coll., Act No. 280/1997 Coll., Act No.

15/1998 Coll., Act No. 83/1998 Coll., Act No. 157/1998 Coll., Act No.

167/1998 Coll., Act No. 159/1999 Coll., Act No. 356/1999 Coll., Act No.

358/1999 Coll., Act No. 360/1999 Coll., Act No. 363/1999 Coll., Act No.

27/2000 Coll., Act No. 29/2000 Coll., Act No. 121/2000 Coll., Act No.

122/2000 Coll., Act No. 121/2000 Coll., Act No. 121/2000 Coll., Act No.

149/2000 Coll., Act No. 151/2000 Coll., Act No. 158/2000 Coll., Act No.

247/2000 Coll., Act No. 249/2000 Coll., Act No. 258/2000 Coll., Act No.

309/2000 Coll., Act No. 367/2000 Coll., Act No. 406/2000 Coll., Act No.

458/2000 Coll., Act No. 61/2001 Coll., Act No. 100/2001 Coll., Act No.

120/2001 Coll., Act No. 164/2001 Coll., Act No. 257/2001 Coll., Act No.

274/2001 Coll., Act No. 477/2001 Coll., Act No. 478/2001 Coll., Act No.

501/2001 Coll., Act No. 86/2002 Coll., Act No. 119/2002 Coll., Act No.

174/2002 Coll., Act No. 281/2002 Coll., Act No. 308/2002 Coll., Act No.

320/2002 Coll., the finding of the Constitutional Court, declared under no. 476/2002 Sb.

Act No. 88/2003 Coll., Act No. 130/2003 Coll., Act No. 162/2003 Coll.

Law No 224/2003 Coll., Act No. 228/2003 Coll., Act No. 274/2003 Coll.

Law No. 354/2003 Coll., Act No. 438/2003 Coll., Act No. 38/2004 Coll.,

Act No. 119/2004 Coll., the Act No. 167/2004 Coll., Act No. 257/2004 Coll.

Act No. 326/2004 Coll., Act No. 499/2004 Coll., Act No. 695/2004 Coll.,

Law No 58/2005 Coll., Act No. 95/2005 Coll., Act No. 127/2005 Coll.,

Act No 215/2005 Coll., Act No. 253/2005 Coll., Act No. 358/2005 Coll.

Act No. 428/2005 Coll., Act No. 444/2005 Coll., Act No. 62/2006 Coll.

Act No. 76/2006 Coll., Act No. 109/2006 Coll., Act No. 115/2006 Coll.

Act No. 137/2006 Coll., Act No. 159/2006 Coll., Act No. 165/2006 Coll.

Act No. 179/2006 Coll., Act No. 186/2006 Coll., Act No. 191/2006 Coll.

Law No. 212/2006 Coll., Act No. 214/2006 Coll., Act No. 225/2006 Coll.

Act No. 310/2006 Coll., Act No. 315/2006 Coll., Act No. 160/2007 Coll.

Act No. 269/2007 Coll., Act No. 270/2007 Coll., Act No. 296/2007 Coll.

Act No. 130/2008 Coll., Act No. 189/2008 Coll., Act No. 230/2008 Coll.,

Act No. 254/2008 Coll., Act No. 274/2008 Coll., Act No. 227/2009 Sb.

Act No. 285/2009 Coll., Act No. 145/2010 Coll., Act No. 155/2010 Sb.

Act No. 160/2010 Coll., Act No. 424/2010 Coll., Act No. 427/2010 Sb.

Act No. 73/2011 Coll., the Act No. 152/2011 Coll., Act No. 350/2011 Sb.

Law No 351/2011 Coll., Act No. 355/2011 Coll., Act No. 375/2011 Sb.

Act No 420/2011 Coll., Act No. 428/2011 Coll. and Act No. 458/2011

Coll., is hereby amended as follows:



1. In section 8 (2). 6 at the end of the second sentence, the words ", or

If so, the specific legislation ".



2. In article 11 the following paragraphs 10 and 11 shall be added:



"(10) If the designated representative of the entrepreneur responsibility stopped

to perform this function, or no longer comply with the requirements laid down by law,

can an entrepreneur to operate business without the responsible representative only in

If so provided by another law, and under the conditions it

laid down. Trade Licensing Office writes to the trade register

their performance of the duties of the responsible representative and indicate that the business is

temporarily operated without a responsible representative.



(11) If a special law shall lay down the conditions for the operation of the

trades through the responsible representative of the different provisions of the

paragraphs 1 to 9 shall not apply. ".



3. In section 52, paragraph. 1 the first sentence, after the words "the application of the concession contract" shall be

the words "or if it requires a special legal regulation, the request for

approval of the provisions of the responsible representative ".



4. In annex 3 to the CONCESSION TRADES in the first column, the words "Road

motor transport-freight vehicles, the largest national operating

the allowed weight of 3.5 tonnes, including-national freight

operated by vehicles of a maximum permitted weight of over 3.5 tonnes,-

freight international operated vehicles of a maximum permitted weight

up to 3.5 tons, including freight international operated vehicles on

largest allowed weight of over 3.5 tonnes,-national casual

personal-international-occasional personal, national public

regular,-national-international special line, line,-

international shuttle,-taxi service "are replaced by the words" road motor

Transportation-freight operating vehicles or combinations of

largest allowed mass of more than 3.5 tons, are intended to

the transport of animals or things-personal operating vehicles used for the

the transport of more than nine persons including the driver,-goods vehicles operated

or combinations of maximum permitted weight not exceeding

3.5 tonnes, intended for the transport of animals or things-personal

operating vehicles used for the carriage of no more than 9 persons, including the

the driver ".



5. In annex 3 to the CONCESSION TRADES in the second column, the words "§ 6

Law No 111/1994 Coll. on road traffic, as amended by Act No 150/2000

Coll. and Act No. 130/2008 Coll. "shall be replaced by the words" the competence of the

pursuant to section 8a of the Act No 111/1994 Coll. on road transport freight transport

operated by vehicles or combinations of vehicles the maximum permitted

the weight of more than 3.5 tonnes, intended for the transport of animals or

things, and personal vehicles used for the carriage operated by more than 9

persons, including the driver. "



6. in annex 3 of the FRANCHISED BUSINESS in the fifth column, the words ' the law

No 111/1994 Coll. on road traffic, as amended "

a separate line, the words "regulation of the European Parliament and of the Council

(EC) no 1071/2009 of 21 April. October 2009, establishing common

the rules concerning the conditions for the exercise of the profession of entrepreneur

in the road transport sector and repeals Council Directive 96/26/EC ".



Article. In



Transitional provisions



1. Entrepreneurs, who were on the date of entry into force of this Act

authorized to operate a licensed business with business

"Road motor transport-freight national operated vehicles

the maximum permitted weight of 3.5 tonnes of freight, including-

National operating vehicles of a maximum permitted weight over 3.5

tons of cargo, international operating vehicles-the largest authorized

weight of 3.5 tonnes, including international-freight operating

vehicles of a maximum permitted weight of over 3.5 tonnes,-national

occasional personal, international occasional personal,-

national public line,-national special regular,-

the international line,-the international shuttle, taxi service "under-

Act No. 455/1991 Coll., as amended, effective the day of the entry into force of this

the law, they are entitled to operate a business within the scope of the concession granted by the

According to the existing legislation, unless otherwise specified.



2. Entrepreneurs, who were on the date of entry into force of this Act

authorized to operate a licensed business referred to in paragraph 1 to the extent

business "road motor transport-freight national

operated by vehicles of a maximum permitted weight of 3.5 tonnes, including "

or "road motor transport-freight international operating
vehicles of a maximum permitted weight of 3.5 tonnes including ", are from the date

the entry into force of this Act, be entitled to operate a licensed

business in the scope of business "road motor transport-

freight operating vehicles or combinations of the largest

permissible mass not exceeding 3.5 tonnes, intended for the carriage of

animals or things ". Trade Licensing Office, writes the change scope of the subject

business in accordance with Act No. 455/1991 Coll., as amended, effective from the date of acquisition

the effectiveness of this law to the trade register within 1 month from the date of

the entry into force of this law. Change the decision on the granting of concessions

executes the Trade Licensing Office when you first change the data notified by the entrepreneur

pursuant to section 56 of Act No. 455/1991 Coll., as amended, effective from the date of acquisition

the effectiveness of this Act.



3. Entrepreneurs, who were on the date of entry into force of this Act

authorized to operate a licensed business referred to in paragraph 1 to the extent

business "road motor transport-taxi", are from the

date of entry into force of this Act, be entitled to operate a licensed

business in the scope of business "road motor transport-

personal operating vehicles used for the carriage of no more than 9 persons, including the

the driver ". Trade Licensing Office, writes the change to the scope of business

According to law No. 455/1991 Coll., as amended, effective from the date of entry into force of

of this Act to the trade register within 1 month from the date of acquisition

the effectiveness of this Act. Change the decision on the granting of concessions to perform

Trade Licensing Office when you first change the data notified by the contractor pursuant to section

56 of Act No. 455/1991 Coll., as amended, effective from the date of entry into force of

of this law.



4. Entrepreneurs, who were on the date of entry into force of this Act

authorized to operate a licensed business referred to in paragraph 1 to the extent

business "road motor transport-national

occasional personal "," road transport – to the international

occasional personal "," road motor transport-national

public link "," road motor transport-national special

regular "," road transport – to the international line, "or

"Road transport – to the international shuttle" and they intend to after the entry into

the effectiveness of this law operate licensed business in the range of

business "road motor transport-passenger-operated

vehicles used for the transport of more than nine persons including the driver, "are to 1

year from the date of entry into force of this law shall be obliged to request a change

the scope of the subject business and demonstrate the documents under the Act No 455/1991

Coll., as amended, effective from the date of entry into force of this law, and the law

No 111/1994 SB., as amended effective from the date of entry into force of this

the law. On the basis of the application and supporting documents changes

Trade Licensing Office decision to grant concessions and the scope of the subject

the business shall, in accordance with the wording of the subject business in accordance with law No.

455/1991 Coll., as amended, effective from the date of entry into force of this Act

so, that changes the scope of the business on "road transport-

personal operating vehicles used for the carriage of no more than 9 persons, including the

the driver "or" road motor transport-passenger-operated vehicles

designed for carrying more than nine persons including the driver ". If the request is not

filed within 1 year after the date of entry into force of this law, the changes

Trade Licensing Office decision on granting a concession issued before the entry into

the effectiveness of this law to the extent of the subject of business in accordance with the first sentence and

changes the scope of the business on "road transport – personal

operating vehicles used for the carriage of no more than 9 persons, including the

the driver ".



5. Entrepreneurs who, on the date of entry into force of this law were

authorized to operate a licensed business referred to in paragraph 1 to the extent

business "road motor transport-freight national

operated by vehicles of a maximum permitted weight of over 3.5 tonnes "or

"Road motor transport-freight international operated vehicles on

largest allowed weight of over 3.5 tonnes "and they are going to the entry into force

This law operate trade road freight transport in the scope of

business "road freight transport operated

vehicles or combinations of vehicles the maximum permitted weight

exceeding 3.5 tonnes, intended for the transport of animals or things ", are

up to 1 year from the date of entry into force of this law shall be obliged to request a

changing the scope of the subject business and demonstrate the documents according to the law No.

455/1991 Coll., as amended, effective from the date of entry into force of this Act,

and Act No 111/1994 SB., as amended effective from the date of entry into force of

of this law. On the basis of the application and supporting documents

changes the Trade Licensing Office of the decision on the granting of concessions and the scope of the subject

the business shall, in accordance with the wording of the subject business in accordance with law No.

455/1991 Coll., as amended, effective from the date of entry into force of this Act,

and changes the scope of the business on "road transport-

freight operating vehicles or combinations of the largest

authorised mass of more than 3.5 tonnes, intended for the carriage of

animals or things "or" road motor transport-freight

operating vehicles or combinations of vehicles the maximum permitted

weight not exceeding 3.5 tonnes, intended for the transport of animals or

things ". If the request is not made within 1 year from the date of entry into force of this

the law changes the Trade Licensing Office decision on granting a concession issued by the

before the entry into force of this Act, to the extent of the subject of business in accordance with

the first sentence and limits the range of the subject of business on "road motor

Transportation-freight operating vehicles or combinations of

largest allowed mass not exceeding 3.5 tonnes, are intended to

the transport of animals or things ".



6. the procedure for the granting of concessions "road motor transport-freight

National operating vehicles on the maximum permitted weight of 3.5

ton including freight vehicles-the largest national operating

the allowed weight of over 3.5 tonnes,-freight international operating

vehicles of a maximum permitted weight of 3.5 tonnes of freight, including-

international operating vehicles of a maximum permitted weight over 3.5

ton-occasional personal, national-international occasional

personal, national, national public line-special

regular,-international line,-the international shuttle, taxi-"

initiated before the date of entry into force of this law, and to this day

the unfinished completes and the rights and obligations related to

assess under law No. 455/1991 Coll., as amended, effective from the date of acquisition

the effectiveness of this law, and the law No 111/1994 SB., as amended effective from

date of entry into force of this Act. If it is not apparent from the application

course of business pursuant to Act No. 455/1991 Coll., as amended effective from

date of entry into force of this Act, for which the granting of concessions

requires the Trade Licensing Office shall invite the applicant to specify the subject

business in accordance with Act No. 455/1991 Coll., as amended, effective from the date of acquisition

the effectiveness of this Act. If it is to be awarded the concession for the management subject

business "road motor transport-freight operating vehicles

or combinations of the maximum permitted weight of more than 3.5

ton, if they are intended for the transport of animals or things "or" Road

motor transport-passenger-operated vehicles used for the carriage of

more than nine persons including the driver, "the Trade Licensing Office shall invite the applicant to

Supplement documents demonstrating that the conditions for granting concessions

According to law No. 455/1991 Coll., as amended, effective from the date of entry into force of

This Act, Act No 111/1994 SB., as amended effective from the date of

the entry into force of this law.



7. Submission of the application for change of business referred to in points 4 and 5 is

relief from administrative fee.



PART THE THIRD



The amendment to the law on road traffic



Article. (VI)



In section 43 of Act No. 13/1997 Coll. on road traffic, as amended by law

No 80/2006 Coll., Act No. 347/2009 Coll. and Act No. 152/2011 Coll.,

the following paragraph 10, which including the footnote No. 28:



"(10) if the administrative authority shall decide on the imposition of sanctions for any administrative

the offence referred to in annex IV, or in the list referred to in article. 6 (1). 2 (a). (b))

directly applicable regulation in the European Union, introducing a common

the rules for the exercise of the profession of entrepreneur in road transport ^ 28) person

that is an entrepreneur in the road transport sector operated by large vehicles

under special legislation ^ 14) or his responsible agent,

a copy of the final decision of the transport Office in accordance with the Special

the law ^ 14), in whose territorial jurisdiction is the registered office of the person,

in the case of a legal person, or place of business, if the physical

the person.



28) European Parliament and Council Regulation (EC) no 1071/2009 of 21 April.

October 2009 establishing common rules concerning the binding
the conditions for the exercise of the profession of entrepreneur in road transport and repealed

Council Directive 96/26/EC ".



PART THE FOURTH



The amendment to the law on road traffic



Article. (VII)



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. and Act No. 341/2011 Coll., is hereby amended as follows:



1. In section 41, paragraph. 1 the first sentence, the words "(a). (f)), and (g)), "are replaced by the words

"(a). (f)), g), (h)). 2 (a). (f)), and (g)). "



2. In Section 87a, paragraph. 8, after the word "examination" shall be inserted after the words "in accordance with

paragraph 1 ".



3. In section 102 paragraph. 3 at the beginning of subparagraph (c)), the words "in the case of

the request referred to in paragraph 5 ".



4. Section 125h the following new section tubes, which including the footnote.

43:



"§ 125i



If the local authority municipalities with extended competence shall decide on the imposition of

other administrative penalties for the offence under section 125d paragraph. 1 (a). and) or (c))

committed any of the violations of the rules set out in the list referred to in article 12(2). 6

paragraph. 2 (a). (b)) or annex IV of the regulation directly applicable European

Union, establishing common rules for the exercise of the profession of

entrepreneurs in road transport ^ 43) a person who is an entrepreneur in the

road transport operated by large vehicles, according to a special legal

^ regulation 21), or his responsible agent, send a copy of the final

the decision means the Office under a special legal regulation 21) ^ ^

whose territorial jurisdiction is the registered office of the person, in the case of a legal person,

or place of business, in the case of a natural person.



43) European Parliament and Council Regulation (EC) no 1071/2009 of 21 April.

October 2009 establishing common rules concerning the binding

the conditions for the exercise of the profession of entrepreneur in road transport and repealed

Council Directive 96/26/EC ".



5. In article 134, paragraph. 1 (a). (b)), the words "31. December 2002 "shall be replaced by

the words "30. April 2004 "and the word" 2012 "is replaced by" 2013 ".



6. In article 134, paragraph. 1 (c)) shall be deleted.



PART THE FIFTH



Amendment of the Act on administrative fees



Article. (VIII)



Item 34 of the annex to the Act No 634/2004 Coll., on administrative fees,

added:



"1. the issue of the licence or permit or modify licence or permit ^ 32)



and the operation of national regular) passenger transport

-for each of the vnitrokrajskou line and the bus line to Czk 300

-each mezikrajskou line Czk 500



(b)) to operate international regular passenger services to the public for each line Czk 5 000



(c)) to operate international regular passenger transport special line for each Czk 1000



2. the issue of a permit to operate a ^ 32) road transport international

the operator between two points within the territory of the Czech Republic



and one) to perform the transport of Czk 1 000



(b)) for the implementation of 2 to 5 shipments of Czk 4 000



(c)) to perform an unlimited number of transport Czk 20 000



3. the issue of a permit to a foreign operator ^ 32) to occasional or

road passenger transport shuttle or taxi, Usd 5 000



4. Release the input enabling ^ 32) to operate international road freight transport

a foreign operator to perform one of transport Czk 5 000



5. the issue of a replacement permit ^ 32) for a foreign operator of 10 000 Czk



6. Release eurolicence ^ 32) Czk 1 000



7. the issue of a copy of eurolicence ^ 32) $ 200



8. the issue of driver attestations ^ 32) $ 500



9. the issue of a copy of the driver attestation ^ 32) $ 500



10. the issue of a certificate of operation for its own account ^ 32) $ 500



11. Extract from the register of entrepreneurs in the road transport of ^ 32) $ 50



12. The granting of credentials the performance of activities related to the ADR Agreement ^ 32) Czk 5 000



13. Issue of a certificate of competency $ 500 taxi drivers



Empowerment



The administrative authority may, on the basis of reciprocity or on the basis of the international

the Treaty, which the Czech Republic is bound to refrain from selecting the charge

in accordance with point 1 (b)), and (c)) and the points 2 to 5 this item, where applicable, the rate of

fee fee increase or decrease up to five times due to

security policy transport policy in the agreement with the interested

the central authorities of State administration.



The subject of the charge is not



1. change of the licences or permits referred to in point 1 of this item made by

on the initiative of the Administrative Office.



2. The issue of permits or licences for the operation of the transport of humanitarian

the reasons listed in this entry.



3. the issue of the licence or permit or a change referred to in point 1 of this

items, if the carrier accepts such line or part of an undertaking

the public service ".



PART SIX



The EFFECTIVENESS of the



Article. (IX)



This Act shall take effect on the first day of the second calendar month

following the date of its publication, with the exception of article. VII, point 1, which

shall take effect on the date of publication.



Němcová in r.



Klaus r.



Nečas in r.