229/2005 Coll.
LAW
of 18 May. in May 2005,
amending Act No 111/1994 Coll. on road traffic, as amended by
amended, and Act No. 361/2000 Coll., on the road
roads and on amendments to certain acts, as amended
Parliament has passed the following Act of the United States:
PART THE FIRST
Amendment of the Act on road transport
Article. (I)
Act 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., Act No. 577/2002 Coll., Act No. 103/2004 Coll., Act No. 186/2004
Coll. and Act No. 1/2005, is hereby amended as follows:
1. In section 8 paragraph 1. 2 (b)):
"(b)) traffic Office designated in accordance with the criteria laid down in the specific
^ 5b) legislation, in the case of a foreign person.
5B) § 50 para. 1 of Act No. 455/1991 Coll., on trades
(Trade Act), as amended by Act No. 359/1999 Coll. ".
2. § 9 para. 1 the words "and to ensure that the vehicle was a taxi
located a copy of the Protocol on technical inspection "shall be deleted.
3. § 9 para. 2 letter e) is added:
"e) taxi driver carried out the only person
1. the older of 21 years of age,
2. be unexceptionable ^ 5),
3. reliable,
4. who has the qualification certificate of the driver to carry out taxi service. ".
4. In section 9 shall be inserted after paragraph 2 paragraph 3, including notes
footnote No. 5a is added:
"(3) A person shall be considered as reliable,
and that has the registration) driver record that it was the Court for the
Commission of an offence liable to a penalty of disqualification
driving disqualifications, which ended in the last
three years or whose performance was in the last three years
conditionally waived, or
(b)) that has the registration card to the driver's record of sanction for
offense involving the ingestion of alcoholic beverages or other addictive
the substances before driving a motor vehicle or in the course of or in
refusal to submit to breath or call the police
a medical examination to determine whether is not affected by alcohol in the
If the breathing test was positive, or refusal to submit
up for the challenge of a police officer a medical examination to determine whether or not
influenced by another addictive substance, or
(c)) that has the registration card driver three or more records of committed
offences against the safety and traffic flow on
the road, or
(d)) that in the past three years have been engaged in road transport for
foreign supplies or
(e)) which, in the past three years has repeatedly committed the Act, for
It has been finally imposed sanctions for violations of the law
associated with the provision of road transport, with the exception of the penalties for
offence against the safety and traffic flow
by a special Act ^ 5a), or
(f)) that as the driver of the taxi in the course of the last three years
committed the acts for which the operators of taxis, the judicial
imposed sanctions for infringements of legislation relating to
operating of road transport, or
g) which was repossessed in the last three years of the concession or authorization
to carry out road transport for hire needs for reasons of violations
the obligations imposed by the legislation related to the operation of
road transport,
h) that has been removed, the taxi driver's qualification certificate pursuant to § 21
paragraph. 9, second sentence, and that until it is returned.
5A) Act No. 200/1990 Coll. on offences, as amended
regulations. ".
The former paragraph 3 shall become paragraph 4.
5. section 21 including title and footnotes # 6a to 6 c is inserted:
"section 21
Taxi service
(1) the operator of a taxi is authorized to operate a taxi service only
the vehicle, which is registered for the purposes of the transport authority.
Details concerning the registration of taxis to be fixed
the implementing legislation.
(2) the operator of a taxi is required to ensure that the vehicle taxis
It was in the performance of companies, which means the offering or performance of
transport services indicated by the roof lamp with the inscription "TAXI" and
equipped with a notarized and zaplombovaným metered taxi ^ 6a), which form an integral
part of the printer and memory unit able to keep daily and
monthly recorded values of operation of the vehicle for at least five years
from the date of their recording. For details about the terms of the lamp and the way
its use laid down detailed legislation. A vehicle that is
fitted with a roof lantern with the inscription "TAXI" is not permitted to
the operation of a different kind of road transport without covering the roof
the lamp.
(3) the operator of a taxi is required to ensure that the driver in the performance
taxis use meter referred to in paragraph 2 and, after the end of the journey
without an invitation issued to the passenger intact and readable proof of the amount of the
the fare taken as the output from the printer. Details on the use of
the taximeter, the terms "user, and records the meter",
that must be in the performance of taxis in the vehicle, and the constituent
proof of fare laid down detailed legislation. Proof of
payment of the fare, as well as daily operational values recorded
the memory unit are other document used to report on the State of
management and property or to its control under a special legal
^ Regulation 6b).
(4) the operator of a taxi is required to ensure that the performance of
the taxi was used only by vehicles marked and equipped with the prescribed
way. Means of identification of the vehicle, the requirements for the equipment of the vehicle
taxi documents and other formalities laid down detailed legal
prescription.
(5) the operator of a taxi is required to transport the authority competent for the
opinion to the concession in advance in writing of the commencement of enforcement
taxis. By written notice to the operator of a taxi shall indicate the
and the business name, if applicable), name, registered office and legal form of legal
the person and his identification number, if the operator of a legal person,
or commercial name, where appropriate, the name and surname, or distinguishing
addition, permanent residence and place of business if different from the residence,
social security number and identification number of the natural person if the operator
a natural person,
(b)) the number under which the concession was issued,
(c)) name, surname, residence address, address for service and
social security numbers of all drivers of taxis,
(d) the expected date of start of operation) taxis.
(6) the written notification referred to in paragraph 5, an operator of taxis showing
a) a certified copy of the concession of the Charter,
(b)) statement of criminal records of any person who intends to entrust the
the work of the driver of the taxi, which is not older than 3 months,
c) documents dosvědčujícími the reliability of all the people it intends to entrust the
the work of the driver of the taxi, where transport authority so requests, the
d) once such a photo of the person who complies with the requirements laid down
separate ^ 6 c),
e) data on the factory tag, license or registration number and
registration number of the vehicle, if he was already allocated, which intends to
to operate the taxi service.
(7) the operator of a taxi is also obliged to in writing within seven days
notify the competent authority of any changes to the transport data referred to in
paragraphs 5 and 6, and the date of any termination of the operation of taxis.
(8) the authority shall issue to the operator of taxi Traffic passes on the eligibility
taxi drivers in the name of the persons referred to in the written notice,
If you are over 21 years of age and the condition of integrity and
reliability. The transportation authority is obliged to decide on the matter within 30 days
from the date of the receipt of the written notification to operators, including
related documents. Certificates of fitness the taxi drivers are
a public document and is issued with a validity period of five years. Pattern
certificate of competence of the driver of a taxi shall lay down detailed legal
prescription.
(9) the traffic authority referred to in paragraph 5 shall decide on the removal of the
certificate of competence of the driver of the taxi, if it finds that the person
the driver does not meet the condition of integrity or reliability. Traffic Office
competent pursuant to paragraph 5 shall decide on the withdrawal of the
the taxi driver's eligibility for the reasons referred to in paragraph 13; in this
the case of the traffic Office of qualification certificate of the driver removes for two
years of age.
(10) the qualification certificate of the driver of a taxi shall expire
and, on the expiration of the period) that it was issued,
(b)) the date of application of the decision of the transport authority to remove
certificate of competence of the driver of the taxi,
(c)), the date on which the transport competent authority referred to in paragraph 5
served with the written notice referred to in paragraph 11 (a). (d)), and (e)).
(11) the operator of a taxi is required to
and) to ensure that the qualification certificate of the driver of the taxi was placed on
prominent place in taxis; details of the location of the card
the vehicle unit shall determine the implementing legislation,
(b)) to ensure that when offering transportation services on the territory of the main
the city of Prague or statutory cities had a driver the original or
a certified copy of a valid certificate to municipalities for successful completion
the test under section 21a, para. 1, if the municipality has exercised the privilege pursuant to section 21a
paragraph. 1,
(c)) within 3 days after he learned of the facts indicating the loss of
integrity or reliability of the driver of the taxi, which for him
taxi service carries out, make a written notification about the transport Office
competent pursuant to paragraph 5,
d) in 3 days notify the transportation Office referred to in paragraph
5 the loss, destruction, theft or misuse of the card on the eligibility of the driver
taxis,
e) within three days in writing to the competent authority referred to in paragraph transportation
5 the fact that he is not the driver of the taxi card
the eligibility of the taxi driver, the carrier shall deliver
under paragraph 12,
(f)) in the case of taxis from the records disposal ensure the immediate
the removal of statutory markings placed on taxis and
disassembly of the taximeter.
(12) the operator of a taxi is required to surrender his qualification certificate
the driver of the taxi transportation to the competent authority referred to in paragraph 5
no later than seven calendar days after the
and) the person in whose name the card was issued, stopped for
operators of taxis, driving job
(b)) the card has expired on the eligibility of the taxi driver,
(c)) has taken the decision of the transport authority to pass on the
the taxi driver's eligibility,
d) finds or otherwise gets back the qualification certificate of the driver
taxis, whose loss, destruction, theft or misappropriation in writing
the Transport Authority announced
e) took the decision on the abolition of the Trade Office
trade licence authorising operators to
the operation of taxis or the suspension of this trade,
(f) the Trade Office announced) in writing the completion or discontinuation
the operation of this business.
(13) the audit authority is authorised to detain the driver's qualification certificate
taxi on the spot of the reasons
and the damage to the passenger on the price) fare,
(b) to refuse a passenger) proof of payment of the fare from the printer
taximeter,
(c) placing false information on) proof of payment of the fare,
(d)) work without a certificate from the village of taxi drivers on the composition of the test
under section 21a, para. 1 on the territory of the municipality, which in generally binding Decree village
set the test as a condition of the operation of taxis on the territory of the municipality,
(e) the exercise of State supervision location) in road transport within the meaning of
the provisions of § 34,
f) use of the vehicle in road traffic, or equipped with a
way interchangeable with vehicle taxis, although this vehicle is not
enrolled in the register of taxis,
g) annulment of the license.
(14) The retention of the licence on the spot not covered by the administrative code.
The inspection body shall issue to drivers on the spot a written confirmation,
for example, in the form of a protocol. The inspection authority shall notify in writing the detention
certificate of eligibility to the competent transport authority taxi driver;
the notice together with the recovered card passes without undue delay,
no later than the next working day after the date of the detention of the card. The competent
the transportation authority is within 15 working days from the date of receipt of notice of
the detention of the card shall be obliged to initiate the procedure for the withdrawal of
the taxi driver's eligibility. The time limit is maintained, if in her
last day of the notice of the initiation of administrative proceedings is handed over to the
the mail transport. If it is decided to remove the card, transport
Office after the legal force of this decision shall be sent to the transport
the authority that issued it. If the transport authority to return the seized
the card, return it to its holder without undue delay.
(15) the driver of a taxi shall not later than three days from the date of acquisition
the decision about removing the driver's taxi card pass
This licence to the operator of taxis, on the basis of the notification provided for in
§ 21 para. 5 licence has been issued. The operator of a taxi, which was
passed to permit taxis, is obliged to transmit this ID
the transport of the issuing authority.
6a) Act No. 506/1990 Coll., on weights and measures, as amended.
6B) § 125 paragraph. 1 of Act No. 140/1961 Coll., the criminal act, as
amended.
6 c) Decree No. 642/2004 Coll., implementing the law on civil
licences and the law on travel documents ".
6. § 21a, including footnote # 6 d:
"§ 21a
(1) the capital city of Prague, the statutory city and other municipalities with a population of
over 20 000 may provide in a separate scope ^ 6 d) generally binding
Ordinance as a condition to perform work in the territory of the taxi driver
municipalities obliged to demonstrate the test driver's knowledge of the local area, the legal
regulations governing taxi service and consumer protection, knowledge
operation of the taximeter and the method of carrying out the test. About successfully carried out
the municipality shall issue a test certificate and test participant is marked in the time
and the territorial scope of its validity. The municipality will send a copy certificate issued by
the transport authority in whose territorial jurisdiction is located. The certificate is
a public document.
(2) the municipality is entitled in a separate scope ^ 6 d) to set general
a binding Ordinance for the taxis, the conditions for
the conclusion of contracts with legal entities or natural persons on the use of
Habitat, the terms of use and code of conduct governing the
accordance with the rules of operation of the local conditions at the taxis
including the price conditions. Code of conduct shall be published in the site.
6 d) Act No. 128/2000 Coll., on municipalities (municipal establishment), as amended by
amended. ".
7. the following paragraph shall be inserted after section 34a 34b and 34 c, including headings and
footnotes # 7b, 7 d and 7e are inserted:
"§ 34b
The registry of carriers
(1) the registration of data on carriers is kept in the registry of carriers, which is
information system of public administration by a special Act ^ 7b)
by the transport authority.
(2) the Office shall keep a registry of transport carriers register
and entrepreneurs in the transport), which has issued an opinion on the contract, including
personal data about these entrepreneurs mentioned in the concession Charter and
their changes,
(b) taxis, on) drivers whose names he has issued certificates of fitness
the taxi driver,
(c) vehicles reported to the transportation authority) pursuant to § 9 para. 4 (b). (d)),
d) taxis pursuant to § 21 para. 1,
e) documents issued by the carriers.
(3) in the registry of carriers are also data on their financial
competence, good repute, professional competence test and penalties
stored carriers or drivers of taxis in connection with
provision of transport services for a period of three years from their final
storage, including data on drivers, that its conduct in the performance of the transport
have an immediate reason to initiate an administrative procedure with the carrier.
The competent authorities of the public administration are required within 30 calendar days from the
a final penalty to send the final decisions issued by them on
the imposition of penalties for infringements committed in connection with the
the operation of a transport means of the authority competent to issue an opinion
the concession, as well as notify any changes concerning the penalties imposed.
(4) the Transport Authority will allow access to the registry of carriers of the Ministry of
transport and authorities carrying out checks in accordance with the specific legislation in
territorial jurisdiction of the transport Office which register leads.
(5) transport authority on the basis of a written application, the data from the registry
carriers
a) administrative authorities to the extent necessary for the performance of their tasks,
(b)) to the courts,
(c)) law enforcement authorities,
d) communities to the extent necessary to carry out their tasks,
e) natural persons as regards the data held about them,
(f)) other natural or legal persons on the basis of written consent
the person whose details the natural or legal person asks, a certified
by the competent authority.
(6) a listing of the data from the registry of carriers shall be governed by, if not in this Act
unless otherwise specified, special legislation ^ 7 d).
§ 34 c
Central Register of carriers
(1) the Registration data collected from the registry of carriers is conducted in
the central register of carriers (hereinafter referred to as "central registry"), which is
information system of public administration by a special Act ^ 7b)
by the Ministry of transport.
(2) the Department of transportation in the Central Registry handles the details
passed to the transport authorities from the registry of carriers in the manner prescribed
a special law ^ 7e).
(3) the Department of transportation provides the data from the central registry on
the written request only to the bodies referred to in § 34b para. 5.
(4) an extract from the data of the central registry shall be governed by this law if the
otherwise, special legislation ^ 7 d).
(5) Implementing law provides the technical means and method
the processing of data in the register of carriers and in the central register of carriers and
way to pass data from the registry of carriers in the central register
carriers.
7B) Act No. 365/2000 Coll., on public administration and information systems of the
amendments to certain other laws, as amended.
7 d) Act No. 106/1999 Coll., on free access to information, as
amended.
7E) Act No. 101/2000 Coll., on the protection of personal data and on amendments to certain
laws, as amended. ".
8. In section 35 para. 1 the letter g) is added:
"(g)) the provisions of § 9 paragraph breaks. 2, 4, or section 9a, ".
9. section 35a including title:
"section 35a
Application for annulment of a trade licence
(1) the transport authority, the Customs office or the Department of transportation shall lodge an
the competent authority's proposal to repeal the trade trade
permission ^ 5) carrier, which no longer meets the condition good
reputation or financial condition.
(2) the Transport Authority, the Customs office or the Department of transportation may by reason of the
serious breach of the terms of this Act to the
the competent authority's proposal to repeal the trade trade
^ 5) permissions to the carrier, which has been repeatedly fined by the
of this Act. For the purposes of this Act, have repeatedly imposed a fine
means the
and) at least three times the fine according to the provisions of § 35 para. 1 in the
during the last five years, or
(b)) at least twice the fine according to the provisions of § 35 para. 2 or 3
in the period of the last five years.
(3) a serious breach of the terms of this law,
also considered imposing a fine pursuant to the provisions of § 35 para. 4 in the period
the last five years. ".
10. In article 41 paragraph 2 and 3 shall be added:
(2) the Department of transportation shall issue detailed legislation to implement section 3
paragraph. 1 (b). (b)), section 3 (2). 2 and 3, section 4A(1). 6, § 6 (1). 1, § 6 (1).
8, § 7 (2). 3, § 9 para. 1, § 17 para. 6, § 18b para. 2, § 19 para.
3, § 19b paragraph 2. 6, § 21, art. 1, 2, 3, 4, 8 and para. 11 (a). and, § 22)
paragraph. 5, § 30 paragraph 2. 2, § 34 c of paragraph 1. 5 and § 35b para. 4.
(3) the capital city of Prague, the statutory city and other municipalities with a population of
over 20 000 may generally binding decree to modify the conditions for the
the operation of taxis under section 21a, para. 1; the municipality may, in general binding
by Decree of the edit conditions for taxis under section 21a, para.
2.
Article II
Transitional provisions
1. On the date of entry into force of this Act, in proceedings initiated
in the matter of issue of a certificate of competency of the driver of a taxi shall follow the
still valid legislation.
2. Certificates of competency issued before a taxi driver
the effectiveness of this law, the validity of which has come to an end after the acquisition of the
the effectiveness of this law shall remain in force for a period of time specified in them
and their territorial scope extends to the entire territory of the Republic. This is not a
without prejudice to the provisions of § 21a.
PART TWO
Amendment of the Act on road safety
Article. (III)
In Act No. 361/2000 Coll. on road safety and on
amendments to certain laws, as amended by law No 60/2001 Coll., Act No.
477/2001 Coll., Act No. 62/2002 Coll. and Act No. 53/2004 Coll., section 134
paragraph 2 reads:
"(2) driving licences issued by
and) from 1. July 1964 until 31 December 2006. December 1993 as their holders
required to be replaced by 31 December. December 2007,
(b)), from 1. January 1994 until 31 December 1999. December 2000 as their holders are obliged to
replaced by 31. December 2010,
(c)), from 1. January 2001 to 30. April 2004 as their holders are obliged to
replaced by 31. December 2013. ".
PART THREE
The effectiveness of the
Article IV
This Act shall take effect on 1 January 2000. July 2005, with the exception of article. (I)
section 7, which shall take effect after the expiration of eighteen months from the date of its
publication.
Fort Worth Star Telegram in r.
Klaus r.
Paroubek in r.
