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the conditions for the exercise of the profession of entrepreneur in road transport and repealed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