226/2006 Coll.
LAW
Dated 25 April 2006
Amending Act no. 111/1994 Coll., On road transport, as amended
amended, Act no. 56/2001 Coll., On conditions for operating vehicles
on roads and amending Act No. . 168/1999 Coll., on insurance
liability for damage caused by vehicles and amending some
related laws (Act on liability insurance for operating a vehicle
), as amended by Act no. 307/1999 Coll.
as amended, Act no. 361/2000 Coll., on road traffic and
changes of certain acts (road traffic Act), as amended
amended, Act no. 634 / 2004 Coll., on administrative fees,
amended, and Act no. 200/1990 Coll., on misdemeanors, as amended
Parliament has passed this Act of the Czech Republic:
PART ONE
Change Road Transport Act
Article I
Act no. 111/1994 Coll., On road transport, as amended by Law 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., Act no. 577/2002 Coll., Act no. 103/2004 Coll., Act no. 186/2004
Coll., Act no. 1/2005 Coll., Act no. 229/2005 Coll. and Act no. 411/2005
Coll., is amended as follows:
First In § 3 para. 1, letter b) including footnote no. 4d reads:
"B) in accordance with applicable regulations of the European Communities ^ 4d)
ensure that drivers comply with the provisions relating to driving time, time
safety breaks and rest periods, provided for certain categories of vehicles implementing
legislation or an international treaty
which is part of the legal system does not comply with
directly applicable European Communities ^ 4d) driving times
safety breaks and rest periods differently
4d) Art. 2 of Council Regulation (EC) no. 3820/85 on the harmonization of certain
social legislation relating to road transport. ".
Second In § 3 para. 1, point c) deleted.
Existing letters d) and e) shall become letters c) and d).
Third In § 3 para. 1 at the end of point d) is replaced by a comma and the following letter
e), added:
"E) in international transport to ensure that the hired vehicle was used
only provided that is hired without a driver, vehicle controls
carrier itself or its employees, and to the vehicle being in its operation || | lease contract stating the number plate of the leased vehicle and the driver
employment contract, unless the driver while the carrier. ".
Fourth In § 3, paragraph 3 reads:
"(3) Domestic carriers operating road transport vehicles used to transport people
, with the exception of cars used for personal
need a carrier operating road transport vehicles used to transport animals
things, the total weight including the trailer or semi-trailer
over 3.5 tonnes, is obliged to ensure that the driver keep a record of
time driving, safety breaks and rest periods, and
this record shall keep for 1 year from the end of the movement,
unless the passenger vehicles used by the carrier for domestic
road transport for their own needs. ".
Fifth In § 9 par. 3 point. b) the word "offense" the words
"committed in the last three years."
6th In § 9. 3, point c) deleted.
Existing letters d) to h) are renumbered c) to g).
7th In § 18a paragraph. 1 point. c) the words "paragraph 2" is replaced
"paragraph 3".
8th In § 18a is inserted after paragraph 1 a new paragraph 2, which
including footnotes Nos. 10a and 10b reads:
"(2) For the purposes of submitting a proposal to initiate proceedings to pay the fare and surcharges
by special legislation 10a) against the passenger, who
paid the fare and surcharge, the carrier means the person charged with statutory
authority is entitled to require additions or clarifications
identified personal data, including name, date
birth, place of residence and for people under 18 years of name and permanent address
legal representative of the information system || | population register kept by a special legal regulation 10b).
10a) Act no. 99/1963 Coll., Civil procedure Code, as amended by subsequent legislation
.
10b) § 8 paragraph. 1 of Act no. 133/2000 Coll., on register of population and birth
Numbers and on amendments to certain Acts (Register of Population Act), as amended
.. "
Paragraphs 2 to 4 shall be renumbered as paragraphs 3 to 5
9. In § 18a paragraph. 5, the words "paragraph 2" is replaced by "paragraph 3".
10th in § 18a paragraph. 3, at the end of subparagraph c) the words "number of personal
document, and in the case of a passenger who has not yet attained the age of 18
years, also the name, surname and address of permanent residence
his legal representative. "
11th in § 27, the second sentence is replaced by sentence "Foreign carriers are not obliged
ensure that drivers keep records of driving time
safety breaks and rest periods and to respect its
time management, safety breaks and rest periods.".
|| | 12th in § 33b paragraph. 2, the words "§ 9 par. 3 point. d) "is replaced by" 9 §
paragraph. 4 point. d) ".
13th in § 34 para. 1 last sentence, the words" crews of vehicles "
words" domestic "and the words" transport authorities' words
" or the Ministry of transport. "
14th in § 34 para. 1 at the end of the sentence which, including footnotes
fn. 7f reads:" Single procedures, systems and controls, and object state || | professional supervision ^ 7f), the implementing legislation.
7f) Commission Directive 112/2004 / EC, adapting to technical progress
Council Directive 50/1995 / EC on uniform procedures for checks on the transport of dangerous goods
.
Council Directive 599/1988 / EC on a uniform procedure for implementing Regulation
(EC) 3820/1985 and Regulation (EC) 3821/1985.
Council Directive 50/1995 / EC on uniform procedures for checks on the transport of dangerous goods
.. "
15th In § 34 at the end of the text of paragraph 2 adds a comma and the words" and
give them access to a recording device. ".
16th in § 35 para. 1 point. b) the words" rest period "the words
" or to ensure its proper management. "
17th in § 35b paragraph. 4 second sentence, the word "deposit and documents" are replaced
words "bail or documents."
18th In § 37 at the end of paragraph 1 the sentence "
vehicle driver is obliged to submit to the authorities referred to in the first sentence
documents prescribed in this Act and allow them access to a recording device. ".
19th after § 38 the following § 38a is including remarks footnote. 4e
reads:
"§ 38a
(1) The Ministry of Transport in relation to the directly applicable regulation
European Communities ^ 4e) provides production control
memory cards.
(2) The Ministry of Transport issued a memory control card
entities performing state expert supervision or monitoring of compliance with driving time
vehicle safety breaks and rest periods for drivers and guides
central register memory control cards.
Memory control card is valid for 5 years from the date of issuance.
(3) The format of the memory card control determined in accordance with directly applicable European Communities regulation
^ 4e) implementing legislation.
4e) Council Regulation (EC) no. 3821/85 on recording equipment in road transport
, as amended. ".
20th in § 41 paragraph. 2, the words" § 18b Sec. 2, "the words"
§ 19a paragraph. 3 ", the words" § 19b Sec. 5 "is replaced by" § 19b Sec. 6 "for
words" § 30. 2, "the words" § 34 para. 1, "and at the end
text of the paragraph the words "and § 38a paragraph. 3".
PART TWO Amendment of the conditions for operating vehicles on roads
Article II | ||
Law no. 56/2001 Coll., on conditions for operating vehicles on roads
roads and amending Act no. 168/1999 Coll., on liability insurance for damage caused
operation of a vehicle and amending some related
acts (vehicle insurance), as amended
Act no. 307/1999 Coll., as amended by Act no. 478/2001 Coll., Act no. 175/2002 Coll
. Act no. 320/2002 Coll., Act no. 193/2003 Coll., Act no. 103/2004 Coll
., Act no. 186/2004 Coll., Act no. 237/2004 Coll., and Act
no. 411/2005 Coll., is amended as follows:
1. In § 4, at the end of paragraph 1 the sentence "part of the evidence
road vehicles is evidence of memory cards for vehicles || | which are equipped according to the directly applicable European Community
^ 1) recording device. ".
Footnote. 1a reads:
"1a) Council Regulation (EC) no. 3821/85 on recording equipment in road transport
, as amended.".
Second In § 4 para. 4, at the end of the letter o) the words "road
motor vehicle and trailer."
Third In § 4, at the end of paragraph 4 is replaced by a comma and
letter p), which reads:
"P) memory card issuing vehicle when the road motor vehicle equipped according
directly applicable European Community ^ 1)
recording device.".
Fourth In § 4, at the end of paragraph 4 is replaced by a comma and
point q) is added:
"Q) be the last registration and the registration number
road motor vehicle and trailer, if not the last state registration
Czech Republic.".
Fifth In § 4, at the end of paragraph 5 is replaced by a comma and
letter h), which reads:
"H) the withdrawal of the registration certificate of a road motor vehicle or trailer
a technical certificate
road motor vehicle or trailer issued by another Member State of the European Union.".
6th In § 5 after paragraph 1 the following paragraph 2 is added:
"(2) The Ministry shall, within two months from the enrollment
road motor vehicle or trailer to a motor vehicle registry
competent authority of another Member State of the European Union withdrawal
registration certificate and technical certificate road motor | || vehicle or trailer which was the date of application for registration
entered in the register of another Member State of the European Union.
at the request of the competent authority of another Member State of the European Union will return
ministry withdrawn registration certificates and technical this card
authority within six months of their withdrawal. ".
Paragraphs 2 to 6 shall be renumbered 3 to 7
7th In § 6, at the end of paragraph 4 is replaced by a comma and
letter d), which reads:
'D) for road motor vehicles, which are equipped according
directly applicable European Community ^ 1) recording equipment
also request for a memory card of the vehicle. ".
8th In § 6, at the end of paragraph 5 is replaced by a comma and
letter i), which reads:
"I) the registration certificate of a road motor vehicle or trailer
and registration
road motor vehicle or trailer if it was issued in the case of road
motor vehicle or trailer individually
imported from another Member State of the European Union, which has been in the Member State of the European Union
operated. ".
9th In § 7 at the end of paragraph 1 is replaced by a comma and a letter
e), added:
"E) withdraw the registration certificate of a road motor vehicle or trailer
and registration
road motor vehicle or trailer if it was issued in the case
vehicle registered in another Member State European Union, and forward them to the Ministry
. ".
10th Under § 7, the following § 7a, which including footnote no. 6
reads:
"§ 7a
(1) If the application for registration of a motor vehicle, which is equipped
by the directly applicable European Community
^ 1) recording device, an application was made for extradition
memory card vehicles, municipal authority with extended powers
verified on the basis of this request, whether the conditions for issuing a memory card
vehicles applicants, and unless they find facts that are in conflict with the terms
for issuing memory cards vehicle
issue to the applicant within 15 working days of receipt card vehicles.
If it is a road vehicle that is equipped by
directly applicable European Community ^ 1) recording
device after its registration, issued by the municipal authority with extended powers
applicants card vehicles within 15 working days from receipt
request for her extradition.
(2) issue memory card vehicles is deemed issuance of a certificate by
part Four administrative Procedure ^ 6a).
(3) The format of the memory card of the vehicle determined in accordance with directly applicable European Communities regulation
^ 1) implementing legislation.
6a) § 154 and following of Act no. 500/2004 Coll., Administrative Procedure. ".
11. In § 11, the current text becomes paragraph 1 and the following paragraphs 2 and
3, added:
"(2) The owner of a motor vehicle, which was issued
memory card vehicles, and other persons to whom the entry in the register
vehicles concerned are required to declare in writing to the municipal authority with extended powers
changes in the data entered into the
10 working days from the occurrence of these changes. the municipal authority of a municipality with extended powers given to the owner
road vehicle spare memory card
vehicle within 5 working days from notification to the notification of a change || | data.
(3) the owner of a road motor vehicle and other persons to whom
registry entry vehicles concerned are required on the vehicle, which was equipped with recording equipment
under directly applicable regulation || | European Communities ^ 1) to the registration of the vehicle in accordance with § 7
ask the municipal authority with extended powers to issue a memory card
vehicle within 10 working days from the vehicle
such recording equipment. ".
12th In § 13 at the end of paragraph 1 is replaced by a comma and
letter c), which reads:
"C) the owner of a motor vehicle shall provide confirmation of receipt
car wreck, issued by the plant operator to collect wrecks
by special legislation 6a).".
13th In § 13 paragraph 2 reads:
"(2) The municipal authority with extended powers permanently disables the vehicle
registry at the request of its owner. This fact is indicated in the technical certificate
vehicle and motor vehicle registry. With applications for permanent disposal
vehicles from motor vehicle registry submit
owner of the motor vehicle certificate of takeover vehicle wreck exposed
operator of facilities for the collection of car wrecks under a special legal regulation
^ 6a). the owner of the vehicle while surrenders table
assigned registration number. It if the application for permanent withdrawal of a vehicle
motor vehicle registry under paragraph 1. a), the owner
motor and trailer must substantiate its way to extinction. ".
14th In § 13 par. 3, second sentence, the words "table with the registration number assigned
" after the words "memory card vehicles
if it was issued."
15th In § 14 para. 2 first sentence, the words "table with the registration number assigned
" after the words "vehicles card".
16th Under § 14 the following § 14a, including the heading and footnotes
fn. 6b reads:
"§ 14a
Publishing
storage service cards
(1) The municipal authority with extended powers verified upon request
Metrology Centre authorized to authenticate the recording device according to a special
legal regulation 6b)
whether the conditions for issuing a memory card service for maintenance, adjustment and repair
recording equipment pursuant to the directly applicable European Communities
^ 1), and unless they find facts that are in
contrary to the conditions for issuing a memory card service, it shall be issued within 15
working days from receipt of the request.
(2) issue memory card service is deemed issuance of a certificate pursuant to part Four
administrative Procedure ^ 6a).
(3) memory service card valid for 1 year from the date of issue.
(4) the holder of a memory card service is obliged to report changes to data
damage, theft or loss of memory cards into service
10 working days from the occurrence of these facts the municipal authority with extended powers
. Municipal authority with extended powers to issue
5 working days from receipt of the notice mentioned facts
spare memory card service.
(5) If a holder of a memory card service has lost its authorization to carry
authorized activities under a special legal regulation 6b)
is obliged to return it within 10 working days of the decision on expiry of the authorization
local municipal authority of a municipality with extended powers
.
(6) The format of the memory card service determined in accordance with directly applicable European Communities regulation
^ 1) implementing legislation.
6b) § 16 of Act no. 505/1990 Coll., On metrology, as amended
regulations. ".
17th in § 24 paragraph 4 is deleted.
|| | 18th in § 34 paragraph 3 reads:
"(3) the approval of the technical competence of individually imported
road vehicle that has already been operated in another State, shall be
accompanied by the following documents:
A) certificate of registration of road motor vehicle or trailer
a technical license
road motor vehicle or trailer if it was issued
B) Protocol accounting controls. ".
19th in § 34, paragraphs 4 and 5, including the footnote No.
. 8a added:
" (4) For vehicles imported from non-EU Member State
request must be further substantiated by the following documents:
A) proof of customs clearance vehicle-8a)
B) technical protocol issued by the testing station, in the case of
vehicle categories M1, M2 or N1 meeting the emission limits in exhaust gases
according to EURO 2 individually imported from a non-Member State of the European
Union from its first registration in another country expired
date of issue of uniform customs declaration longer than 8 years, or
case of L-category vehicles, O1, O2, T or S individually imported || | of a non-Member State of the European Union, from its first registration in another state
expired at the date of issuing customs declarations
times longer than 8 years, or in the case of other categories of vehicle individually imported
of a non-Member State of the European Union, since
whose first registration in another country expired at the date of issue
uniform customs declaration longer than 5 years.
(5) to substantiate the application documents for approval of technical competence
individually imported road vehicle that was previously registered
and is newly constructed, Paragraphs 3 and 4 appropriately.
8a) Act no. 13/1993 Coll., Customs Act, as amended. ".
20th in § 35 paragraph 1 and 2 added:
" (1 ) the municipal authority of a municipality with extended powers
approve the technical capabilities of individually imported road vehicle that has already been
operated in another State if the vehicle has been shown
granting a certificate of approval EC type-approval or proven technical | || eligibility vehicle type issued by another Member State of the European Union
valid in another Member State of the European Union
condition that the vehicle, its systems, components or separate technical units comply
at the time of approval of the roadworthiness
type of vehicle in another Member State of the European Union
technical requirements for the approval of the roadworthiness of the vehicle type in force at that time
in the Czech Republic and specified in the implementing regulation.
(2) If the individually imported road vehicle where the
demonstrated granting a certificate of approval of technical qualification of the type of vehicle
issued by another Member State of the European Union
according to the regulations in force in that State, if the vehicles, their systems, components
or separate technical units did not fulfill the time of approval
technical qualification of the type of vehicle in another Member State of the European Union
technical requirements for approval of technical qualification of the type of vehicle
force at that time in the Czech Republic and
identified in the implementing regulation, municipal authority with extended powers
decide on approval of roadworthiness for the vehicle on the basis of technical
report issued by the testing center. The test station issued a technical
protocol, if the vehicle meets the technical requirements laid down by law
law or international treaty by which the Czech Republic is bound
and which were valid for the vehicle in the Czech Republic at the time
production vehicle. ".
21st In § 35 after paragraph 2 the following paragraphs 3 and 4 are added:
" (3) If the individually imported road vehicle, with whom there is evidence
certificate for the approval of the EC type-certificate or approval
roadworthiness of the vehicle type issued by another Member State of the European Union
valid in this state, municipal office
municipalities with extended powers decide on approval of the technical competence
vehicle if it is
A) a road motor vehicle or trailer individually
imported from a State which is not a Member State of the European Union,
category M1, M2 or N1 meeting the emission limits in exhaust gases by
standards EURO 2, from its first registration in another country expired at the date of issue
uniform customs declaration longer than 8 years, or
vehicle category L, O1, O2, T or S, since its first registration in
Another country expired at the date of issuing customs declarations
times longer than 8 years, or other vehicle categories, from whose first
registration in another country expired at the date of issue of uniform customs declaration is longer
than 5 years, or
B) a member of a diplomatic mission
Based on the technical report issued by the testing center.
Test station issued a technical report if it meets the technical requirements of the vehicle
prescribed by the law or an international treaty by which the Czech Republic is bound
, and which were valid for the vehicle
in the Czech Republic at the time vehicle production.
(4) approval of the technical capability of individually imported
road vehicle that was previously registered and newly constructed
, Paragraphs 1-3 accordingly. ".
Former paragraphs 3-6 as paragraphs 5 to 8
22nd in § 35, the following paragraph 9 is added:
"(9) the implementing regulations shall specify the cases in which the vehicle individually
imported from another EU Member State in which it is shown
certificate for the approval of technical qualification of the type of vehicle
issued by another Member State of the European Union
according to the regulations in force in the State or its systems, components, or
separate technical units fulfilled, at the time of approval
technical qualification of the type of vehicle in another Member State of the European Union
technical requirements for the approval of the roadworthiness of the vehicle type
force at that time in the Czech Republic. ".
23rd in § 80 at the end of paragraph 2 is replaced by a comma and
letters) to v) added:
'S) provided in connection with the directly applicable legislation of the European Communities
^ 1) production and the requirements of municipal offices with extended powers
and distribution of memory cards and vehicle maintenance
memory card || |
t) maintain a central list of authorized metrological centers
authorized for this activity, according to a special legal regulation 6b)
u) maintain a central list of store service cards,
v) maintain a central list of store cards for vehicles. ".
24th In § 80 at the end of paragraph 2 is replaced by a comma and letters
w) x) are added:
"W) announces the competent authority of another Member State of the European Union
withdrawal of registration certificate and technical certificate
road motor vehicle or trailer which was the date of filing the application for registration
enrolled in the registry of another
Member State of the European Union,
x) returns the competent authority of another Member State of the European Union
withdrawn his request a certificate of registration and registration
road motor vehicle or trailer which was
the date of filing the application for registration on the registers of another Member State
European Union. ".
25th In § 80 at the end of paragraph 4 is replaced by a comma and letters
l) to r) are added:
"L) orders from the Ministry of memory cards and vehicle maintenance
memory card
m) issue and service removes the memory card
n) transmits data to the Ministry of the list of memory cards
vehicles kept in the central registry of motor vehicles,
a) issue and removes the memory card vehicles
p) transmits data to the Ministry for the management of a central list of memory cards
vehicles || |
r) transmits data to the Ministry for keeping the list of central memory
service cards. ".
26th In § 80 at the end of paragraph 4 is replaced by a comma and a letter
s), added:
'S) takes away during registration certificate of registration
road motor vehicle or trailer and registration
road motor vehicle or trailer if it was issued in the case
a vehicle registered in another Member State of the European Union, and
forwarded to the Ministry. ".
27th § 83 including the title reads:
"Administrative Torts § 83
Offences (1) A person who commits an offense that
a) contrary to § 6 paragraph. 1 and 2 logs on to the registration
road motor vehicle or trailer, which intends to operate on the territory
Czech Republic
b) as the operator of a road motor vehicle or trailer vehicle
contrary to § 7 para. 2 not placed on the vehicle registration table with
brand
C) a producer who holds a certificate of type approval
road vehicle or vehicle system, component or vehicle
STU vehicle in contravention of § 24 para. 2 point.
A) manufactures and market a road vehicle or vehicle system
vehicle component or STU vehicle
does not match the type which has been granted a certificate of type approval, without the approval of the technical
eligibility
D) as the operator of a road motor vehicle or trailer
vehicles operated vehicle that is according to § 37
technically unfit for use on the road,
E) as the operator of a road motor vehicle or trailer
vehicles in contravention of § 38 par. 1 point. f) operates the vehicle which does not
identifiable information in accordance with the data in the registry of motor vehicles, or
F) carries out technical inspections of road vehicles without authorization under §
56 as measuring emissions of road vehicles without authorization under §
65th
(2) An offense under subsection 1. c) can be fined up to 10,000
000 CZK for a misdemeanor pursuant to paragraph 1. e) may be fined up to 5
000 000 CZK for a misdemeanor pursuant to paragraph 1. f) may be fined up
CZK 500 000 and for the offense referred to in paragraph a), b), d)
may be fined up to 50 000 CZK. The block management can be fined up to CZK 5,000. ".
28th after § 83 the following § 83a, including the heading reads:
" § 83a
Administrative offenses of legal persons and entrepreneurs
(1) A legal entity or natural person commits an administrative offense
that
A) as the operator of a vehicle fitted with recording equipment according
directly applicable European Community ^ 1), or as a holder
memory card service damage or alter the information in this
recording equipment,
B) contrary to § 6 para. 1 and 2 logs on to the registration
road motor vehicle or trailer, which intends to operate on the territory
Czech Republic
C) as the operator of a road motor vehicle or trailer
vehicles in contravention of § 7 para. 2 not placed on the vehicle registration table with
brand
D) as a holder of a memory card service does not report changes in data
damage, theft or loss of memory card service under § 14a paragraph
. 4
E) as the holder of a memory card service does not hand the card according to §
14a. 5
F) as the producer who holds a certificate of type approval
road vehicle or vehicle system, component or vehicle
STU vehicle in contravention of § 24 para. 2 point.
A) manufactures and market a road vehicle or vehicle system
vehicle component or STU vehicle
does not match the type which has been granted a certificate of type approval, without the approval of the technical
eligibility
G) as the operator of a road motor vehicle or trailer
vehicles in contravention of § 38 par. 1 point. f) operates the vehicle which does not
identifiable information in accordance with the data in the registry of motor vehicles,
H) carries out technical inspections of road vehicles without authorization under §
56
I) the measurements of emissions of road vehicles without authorization under § 65
J) technical inspection station runs contrary to the conditions laid down in
decision on granting permission for its operation by
§ 56 point. e) and f)
K) operates the station emission measurement contrary to the conditions laid down in
decision on authorization to operate it in accordance with § 65 point. e) and f)
L) as the operator of a road motor vehicle or trailer
vehicles operated vehicle that is according to § 37
technically unfit for traffic.
(2) for an administrative offense under paragraph 1. f) shall be fined up to 10
000 000 CZK, for an administrative offense under paragraph 1. g) A fine up to 5,000
000 CZK, for an administrative offense under paragraph 1. a), d), e), h), i)
j), k) fine up to CZK 500,000 for an administrative offense under paragraph 1.
B), c) and l) a fine of up to 50 000 CZK.
(3) If an administrative offense under paragraph 1. f)
committed mass production and mass marketing of motor vehicles, the system
vehicles, vehicle components and separate technical units
vehicles saved fine of up to CZK 50 million. ".
|| | 29th § 84 including the title and footnote no. 13a reads:
"Common provisions
§ 84
(1) A legal person for an administrative delict if it proves that
made every effort that could be required to breach || | obligations prevented.
(2) In assessing the fine the legal entity or natural person
reflect the seriousness of the administrative offense, especially the manner
committed and its consequences and the circumstances under which it was committed.
(3) the liability of a legal person for an administrative offense shall expire if a
competent authority shall not commence proceedings within two years from the day when it became
learned, but not later than four years after the day when it was committed.
(4) Administrative offenses under this Act in the first instance
a) Ministry or the municipality with extended powers according to their
scope specified in § 80 paragraph. 2 and 4, in the case of administrative offenses pursuant to §
83 paragraph. 1 point. c) and e) and § 83a par. 1 point.), d), e), f), g)
b) regional office, in the case of administrative offenses under § 83a par. 1 point. h)
i), j)
C) municipal authority with extended powers, in the case of administrative offenses
according to § 83 paragraph. 1 point. a), b), d) and f) and § 83a par. 1 point. b), c)
k) and l).
(5) Offences according to § 83 paragraph. 1 point. b) to d) may discuss
authorities of the Czech Police and the Customs Administration of the Czech Republic in the block
management.
(6) The liability for conduct that occurred in the business of a natural person
^ 13a) or in direct connection therewith, the provisions
this Act on liability and sanctions to legal persons.
(7) Penalties are levied by the authority which imposed them. Fines imposed
municipal authority of a municipality with extended jurisdiction are revenue
municipalities with extended powers and fines imposed by the regional authority are the income
region. Fines imposed by the ministry and the fine imposed in the administrative hearing
are public revenue.
13a) § 2 para. 2 of Act no. 513/1991 Coll., The Commercial Code, as amended
.. "
30th in § 91 para. 1 the words" § 7 para. 2 and 4, "the words" § 7a
paragraph. 3, § 14a paragraph. 6 "and the words" § 33 para. 2 "the words"
§ 35 paragraph. 9. "
31st in § 91, the following paragraph 6 is added:
" (6) Further conditions for the implementation of technical regulations referred to in paragraph 5
the ministry's decree. " .
PART THREE Amendment of the road traffic Act Article III
Act no. 361/2000 Coll., on traffic on roads and
changes in some laws (road traffic Act), as amended by Act no.
60/2001 Coll., Act no. 478/2001 Coll., Act no. 62/2002 Coll., Act. || | 311/2002 Coll., Act no. 320/2002 Coll., Act no. 436/2003 Coll., Act no.
53/2004 Coll., Act no. 411/2005 Coll., and Act no. 76 / 2006 Coll., is amended as follows
:
1. In § 5 para. 1 letter f) and g) including footnote no. 7 added:
"f) to undergo the challenge police or municipal police constable
examination by a special legal regulation 7) to determine whether
is not affected by alcohol
G) submit to the challenge police or municipal police constable
examination by a special legal regulation 7) to determine whether
is not affected by any other addictive substance,
7) Act no. 379/2005 Coll., On measures to protect against damage
caused by tobacco products, alcohol and other addictive substances and
amendments to related Acts. ".
2 . § 6 para. 3 point. b) the words "official duties" shall be inserted
words "vehicle of the municipal police in their duties."
third in § 7 para. 5 the words "duties" the words
"the driver of the vehicle of the municipal police in their duties."
fourth in § 8 paragraph 2 reads:
"(2) a teacher of driving school obliged, in connection with the implementation of training
under a special legal regulation 4)
A) submit to the challenge police or municipal police constable
examination by a special legal regulation 7) to determine whether
is not affected by alcohol
B) submit to the challenge police or municipal police constable
examination by a special legal regulation 7) to determine whether
is not affected by any other addictive substance. ".
Fifth in § 12 paragraph 4 reads:
"(4) on a road with three or more lanes
marked on the carriageway in one direction may trucker
car with a total weight exceeding 3,500 kg, driving sets,
Whose overall length exceeds 7 m, special motor vehicle and motorcycle
with the speed limit to 45 km h-1 used to ride
only two lanes closest to the right edge of the road;
in the other lanes may ride only if it is necessary for
passing, turning and turning. ".
6. In § 27, the following paragraph 6 is added:
"(6) The removal of a vehicle that illegally stands on a reserved parking
decided by a police officer or constable of the municipal police;
vehicle removed at the expense of the operator. ".
seventh in § 32 par. 1 in the first sentence after the word" or "
deleted the word" parking ".
|| | eighth in § 67 para. 3, after the words "O1 drivers with the designation" the words "and
GPs on duty under paragraph 1".
ninth in § 67 para. 7 sentence Two shall be repealed.
10th in § 81 paragraph. 4, the numeral "15" is deleted.
11th in § 110 paragraph. 4, after the word "5" the word "job" .
12th under § 110, § 110a inserted, which, including footnotes.
32a to 32c reads:
"§ 110a
(1) memory card driver issues on the basis of a request within 15 working days from its delivery
by the municipal authority with extended powers drivers
A) road vehicles provided directly applicable regulation
European Communities ^ 32a)
B) who holds a driving license for these vehicles and
C) which controls road vehicle equipped according
directly applicable European Community-32b)
recording device.
If you check the conditions for issuing a memory card driver
relevant municipal authority with extended powers of facts that are
contrary to the conditions for issuing driver's memory card, the memory card driver
issued.
(2) If the applicant for grant or extend the driving license
vehicles equipped according to the directly applicable European Communities ^
32b) of the recording device or an applicant for a driving license for
driving road in paragraph 1 point. a)
simultaneously submit a request for the issuance of driver's memory card, issued by the competent
municipal authority with extended powers after verifying the conditions for issuing
memory card driver with driving license applicants simultaneously
memory card driver.
(3) Issue a memory card driver is deemed issuance of a certificate by
Part Four Administrative Procedure ^ 32c).
(4) driver is required to take the memory card in person at a driver
local municipal authority of a municipality with extended powers.
Damaged or malfunctioning memory card driver, the driver is obliged to return
competent municipal authority with extended powers. After the handover memory card
driver by the municipal authority with extended powers
invalidate existing memory card driver.
(5) For issuing driver memory card and their registration uses
municipal authority with extended powers data kept in the central registry
drivers.
(6) Memory card driver is valid for 5 years from the date of issuance. If the validity
document on the basis of the memory card be issued
end up in a shorter period than the period of validity of the memory card driver is limited
its validity for the duration of this document. When the driver stopped
hold a driving license to drive
road motor vehicles equipped according to the directly applicable European Communities ^
32a) recording device or a driving license to drive such vehicles
been suspended, the holder of memory
card driver is obliged to submit it within 5 working days from the legal force
decision on the withdrawal or suspension of driving privileges or
5 working days after written notice of waiver of driving privileges
competent municipal authority with extended powers.
(7) The format of the memory card driver determined in accordance with directly applicable European Communities regulation
^ 32b) of the implementing legislation.
32a) Council Regulation (EEC) no. 3820/85 on the harmonization of certain social
legislation relating to road transport.
32b) Council Regulation (EC) no. 3821/85 on recording equipment in road transport
, as amended.
32c) Act no. 500/2004 Coll. ".
13th In § 118 paragraph. 2, the words "under § 116 paragraph. 5" is replaced
"under § 116 paragraph. 6".
14th In § 118a, paragraph 8 is deleted.
Former paragraph 9 was renumbered the 8th
15th In § 119 at the end of paragraph 1 the sentence "municipal authority with extended powers
depositor data in the register of issued,
stolen, lost or defective memory cards, driver-32b).".
16th In § 122 at the end of paragraph 1 the sentence "The ministry is
manager of the Central Registry driver memory card.".
17th In § 122 paragraph. 2, after the words "central register" the words
"and in the central register memory card driver" and the words "registry
drivers", the words "and registers of issued, stolen, || | lost or defective driver memory card ".
18th Under § 122b is inserted § 122c, added:
"§ 122c
provision of data from the records of memory cards and driver's Central Registry
driver memory card
When providing data from the records of driver memory card from the Central Registry
memory cards driver proceed municipal authority with extended powers
a ministry like the municipal authority with extended powers
ministry and the provision of data from the registry
drivers under § 121 and 122. ".
19th In § 123c paragraph. 3, "has lost the competence referred to in paragraph 3
" is replaced by "reaching a total of 12 points."
20th In § 123d paragraph. 1, "the imposition of fines in the proceedings or
decision comes into force on offense or offense committed acts
included in the score on the basis
reached a total of 12 points" is replaced by "loss of driving privileges
according to § 123c paragraph. 3".
21st In § 124 paragraph. 2, after letter f) a new point g), added:
"G) provides production and the requirements of municipal offices with extended powers
and distribution of memory cards and driver leads
their central register".
The current letter g) becomes letter h).
22nd In § 124 paragraph. 9 point. d) the words' and 118c "are deleted.
23rd In § 124 paragraph. 9 letter f) and g) added:
"F) to invite the driver and driving instructor for examination under a special legal regulation
7) to determine whether the influence of alcohol,
g) invite the driver and driving instructor for examination under a special || | legal regulation 7) to determine whether it is not influenced by any other addictive substance
".
24th In § 124 paragraph. 9 point. h) the words "under § 6. 3" are deleted.
25th In § 124 paragraph. 9 point. j) the words "parking lot reserved for
vehicle marked with O1" is replaced by "reserved parking".
26th In § 124 paragraph. 9 point. l) the words' § 125b "is replaced by" §
125a. "
27th § 125a is deleted.
Existing § 125b and 125c are renumbered as § 125a and 125b.
28th In § 129 par. 1, the word "102" the words "110a".
29th In § 137 paragraph. 2, after the words "§ 110 paragraph. 6" the words "
§ 110a paragraph. 7" and the words "§ 125b paragraph. 8 and § 125c paragraph. 3" is replaced
" § 125a paragraph. 8 and § 125b paragraph. 3 ".
30th In an annex to the law for the second item 7 points, the words "
driving in a state excluding the character which the driver
inflicted use of alcohol or other addictive substances detected during
content of alcohol in the driver's body in the amount of 0 3 per mille or using other addictive substances
"is replaced by" driving in a state that excludes
capability that the driver brought about by alcohol or using other addictive substances
".
31st In an annex to the law of the item first 6 points, the words "
driving immediately after drinking alcoholic beverages or after taking other addictive substances
or at such a time after drinking alcoholic beverages or after taking
other addictive substances after that the driver is still under their influence
"is replaced by" driving immediately after drinking alcohol or
at such a time after drinking alcohol, after which the driver
still under its influence, if it is detected alcohol content
driver's body more than 0.3 per mille, or driving a vehicle immediately after taking
other addictive substances or at such time after the use of other addictive substances
after which the driver is still under its influence. "
32nd In an annex to the law of the sixth item 3 points, the words "
driving in a state excluding the character which they have inflicted driver using
Alcoholic beverages at ascertaining the level of alcohol in the body of the driver
amount less than or equal to 0.3 per mille "is replaced by" driving
immediately after drinking alcohol or at such a time after drinking alcohol, after which
the driver is still under its influence, while
detected alcohol content in the body of the driver of less than or equal to 0.3 per thousand. "
33rd in the Annex to the Act under the heading first for 1 point, the words" illegal | || use highways or motor vehicles non-motor vehicle or motor vehicle
whose construction or technical state
not reaching a speed of 60 km h-1 "is replaced
" illegal use of highways or motor
vehicles non-motor vehicle or motor vehicle whose construction or technical state
not reaching a speed of 80 km h-1. "
34th in the annex to the Act fourth item 1 point, the words"
zone with traffic restrictions "are deleted.
35th in the annex to the Act fifth item worth 1 point, the words" and bAN
brand B 29 - parking prohibited "is replaced by" signs and prohibitions B 28 -
no stopping and B 29 - parking prohibited ".
PART FOUR
Amendment to the Act on Administrative Fees
Article IV
In Annex to Act no. 634/2004 Coll., On administrative fees, in Part II, Item
26 for letter g), subparagraphs h) to j) are added:
"H) memory card issuance vehicles CZK 700
i) the issuance memory card service CZK 700
j) the issuance of driver's memory card CZK 700".
PART FIVE
Amendment to the Act on Offences
Article V
Act no. 200/1990 Coll., On misdemeanors, as amended by Act no. 337/1992 Coll.
Act no. 344/1992 Coll., Act no. 359/1992 Coll., Act. 67/1993 Coll.
Act no. 290/1993 Coll., Act no. 134/1994 Coll., Act no. 82/1995 Coll.
Act no. 237/1995 Coll., Act No. . 279/1995 Coll., Act no. 289/1995 Coll.
Act no. 112/1998 Coll., Act no. 168/1999 Coll., Act no. 360/1999 Coll., Act
no. 29/2000 Coll., Act no. 121/2000 Coll., Act no. 132/2000 Coll.
Act no. 151/2000 Coll., Act no. 258/2000 Coll., Act. 361/2000 Coll.
Act no. 370/2000 Coll., the Constitutional court ruling promulgated under no.
52/2001 Coll., Act no. 164/2001 Coll., Act no. 254/2001 ., Act no.
265/2001 Coll., Act no. 273/2001 Coll., Act no. 274/2001 Coll., Act no. 312/2001 Coll
., Law no. 6/2002 Coll., Act no. 62/2002 Coll., Act no.
78/2002 Coll., Act no. 216/2002 Coll., Act no. 259/2002 Coll., Act.
285 / 2002 Coll., Act no. 311/2002 Coll., Act no. 320/2002 Coll., Act no.
218/2003 Coll., Act no. 274/2003 Coll., Act no. 362/2003 Coll ., Act no.
47/2004 Coll., Act no. 436/2004 Coll., Act no. 501/2004 Coll., Act no.
559/2004 Coll., Act no. 95/2005 Coll., Act no. 379/2005 Coll., Act no. 392/2005 Coll
., Act no. 411/2005 Coll., Act no. 57/2006 Coll., Act.
76 / 2006 Sb. and Act no. 80/2006 Coll., is amended as follows:
First In § 22 paragraph. 1, letter d) reads:
"D) despite the call by special legislation 3f)
refuses to submit to an examination, whether while driving or riding animal was
influence of alcohol or any other addictive substance, even though such examination is not connected
a danger to his health. "
Second In § 22 paragraph. 3 letter d) reads:
"D) despite the call by special legislation 3f)
refuses to submit to an examination of whether the implementation of the training was not affected
alcohol or any other addictive substance, even though such examination is not associated with danger for his
health.".
Third V§ 22 paragraph. 3, points e) and f) shall be deleted.
Fourth In § 22 paragraph. 4 at the end of the sentence is replaced by a comma and the words
"and point. H).".
Fifth In § 22 paragraph. 8, after the word "i)" shall be inserted after the word "j)".
6th In § 23 para. 1, at the end of the text of letter i) the words "or
comply with the obligation drivers of vehicles fitted with recording equipment according
directly applicable European Community
^ 3e)."
Footnote. 3e reads:
"3e) Council Regulation (EC) no. 3821/85 on recording equipment in road transport
, as amended.".
PART SIX
EFFICIENCY Article VI
This Act comes into force on 1 July 2006, except
Article. II, paragraphs 10, 11, 16, 23, 25 and 30, Art. III, points 12, 15,
17, 18, 21, 28 and 29 and Art. IV, which come into effect on July 1
, 2007.
Pp. Kasal vr
Klaus vr
Paroubek mp
