196/2012 Sb.
LAW
from day 4. may 2012,
amending Act No. 13/1997 Coll. on road traffic, as amended by
amended, and certain other laws
Parliament has passed the following Act of the United States:
PART THE FIRST
Road traffic (Amendment) Act
Article. (I)
Act No. 13/1997 Coll. on road traffic, as amended by Act No.
101/2000 Coll., Act No. 132/2000 Coll., Act No. 491/2001 Coll., Act No.
256/2002 Coll., Act No. 259/2002 Coll., Act No. 320/2002 Coll., Act No.
358/2003 Coll., Act No. 186/2004 Coll., Act No. 80/2006 Coll., Act No.
186/2006 Coll., Act No. 309/2006 Coll., Act No. 342/2006 Coll., Act No.
97/2009 Coll., Act No. 227/2009 Coll., Act No. 347/2009 Coll., Act No.
152/2007 Coll., Act No. 288/2011 Coll., Act No. 329/2007 Coll., Act No.
341/2010 Coll., Act No. 375/2007 Coll., Act No. 18/2009 Coll. and Act No.
119/2009 Coll., is amended as follows:
1. In footnote No. 1, the following sentence "directive of the European
Parliament and Council directive 2010/40/EU of 7. July 2010 on the framework for
the introduction of intelligent transport systems in the field of road transport and
for interfaces with other modes of transport. ".
2. In article 7 (2). 1, the word "proposal" shall be replaced by the word "request".
3. in section 20a para. 1, the letter i) the following subparagraph (j)), and k),
that including the footnotes # 28 and 29:
"j) listed in the registry of road vehicles of members of diplomatic missions ^ 28),
k) running a home for people with disabilities 29 ^ ^)
is used to transport people with disabilities,
28) § 5 para. 1 of Act No. 56/2001 Coll., on conditions for the operation of vehicles on
road safety and on the amendment of the Act No. 168/1999 Coll., on insurance
liability for damage caused by operation of the vehicle and amending certain
related laws (law on liability insurance
the vehicle), as amended by Act No. 309/1999 Coll., as amended by Act No. 320/2002
SB.
29) section 48 of Act No. 108/2006 Coll., on social services, as amended by law
No 206/2009 Sb. ".
Letters j to l)) are known as the letter l) to (n)).
4. In article 22, paragraph 2, the following paragraph 3 is added:
"(3) the Government may by regulation provide that the operators of the vehicle in
electronic toll collection system will provide a discount on the toll overall
stored for the time period fixed by regulation of the Government, if the amount of the toll
saved during this time period for the use of toll
the road this vehicle exceeds the amount specified by regulation
the Government. The amount of the discount on the toll may not exceed 13% of the toll
provided for in the case of such vehicles, if the discount
available. ".
Paragraphs 3 to 7 shall become paragraphs 4 to 8.
5. in section 22 para. 7 and 8, the number "5" shall be replaced by the number "6".
6. In Article 22a, paragraph 3 shall be deleted.
Paragraph 4 becomes paragraph 3.
7. section 22b to .22e, including headings and footnotes # 11 l, 11 m and 30 to
33:
"section 22b
European electronic toll service
(1) the European electronic toll service is a set of activities and
services in accordance with the relevant EU regulation ^ 11 k)
allow easy connectivity electronic toll collection systems in the
the Member States of the European Union, and the continuous use of the toll
Road road vehicle on all systems
electronic toll collection, in those States in the use of a single
electronic equipment and provided summary toll person
that provides the European electronic toll service, and electronic
the device has released.
(2) provide a European electronic toll service can legal
a person who is established in the Czech Republic and to this business
granted permission by the Ministry of transport, or the legal entity that
This permission was granted in accordance with the decision of the European Commission
defining the European electronic toll service ^ 30) competent
authority of another Member State of the European Union (hereinafter referred to as "the provider
European toll "), on the basis of a contract for the provision of the European services
electronic tolling agreement with the operator of a vehicle in the system
electronic toll collection.
(3) the operator of a vehicle in the electronic toll collection system shall be paid by the toll
for the use of toll roads vehicle system
electronic toll collection, if it has an agreement
European electronic toll service with the provider of the European
the toll of this provider.
section 22 c
Rights and obligations of the operator's electronic toll collection system
(1) the operator of an electronic toll collection system is obliged to
and specify the types of electronic devices) that can be registered in the system
electronic toll collection
(b)) to keep a record of data for the purposes of the operation of the electronic system
toll (hereinafter referred to as "registration data about the toll"),
(c) to ensure the free provision of) electronic device to each
the operators of the vehicle in the electronic toll collection system or
authorised person ^ 11 l) which so requests, if the electronic
the equipment provided by the provider of the European toll,
(d)) to ensure that the toll from the operator of a vehicle in the system
electronic toll collection, or from a person authorized by him, to ^ 11 l) unless it is a
the case referred to in subparagraph (e)),
(e) to ensure the selection of the General toll), which was created by the use of toll
road vehicles in the electronic toll collection system on the
operators of these vehicles which have entered into a contract with the provider of the
European tolls under section 22b para. 3, on the basis of the statement,
electronic toll collection system operator shall submit
European toll providers, within the time limits and under the conditions
laid down in the contract referred to in subparagraph (g)),
f) publish the manner allowing remote and 24/7 access
Declaration of electronic toll collection system in accordance with the decision of the European
the Commission defines the European electronic toll service ^ 30), in which
lays down the conditions of access to the European toll providers by
operated by the electronic toll collection system, which must be in accordance
with the European Commission decision defining the European service
electronic toll collection ^ 30),
g) conclude with the European toll provider agreement
European electronic toll service within the system of the electronic
the toll has fulfilled the conditions of the European toll service provider referred to in
the Declaration referred to in subparagraph (f)),
h) publish the manner allowing remote and access a list of
all providers of the European toll, with which it has concluded a contract
According to subparagraph (g)), and continually update it.
(2) the registration of data about the toll is public administration information system
by a special Act ^ 11 m), which is the operator of the system administrator
electronic toll collection. Registration information about the toll includes data on
and vehicle operators), electronic toll collection system and their
the owners, not the owner, operator and on providers
European tolls
(b)), which was registered vehicles in the electronic toll collection system
(c)) the time and place of transit vehicles in the electronic toll collection system
d) used electronic equipment, which was registered in the
electronic toll collection system
e) vehicles, for which the obligation to pay the toll has not been satisfied, and on their
mileage,
(f)) additional factors that are necessary for the operation of the system
electronic toll collection, laid down in an implementing regulation.
(3) the operator of an electronic toll collection system used in the registration of data on
toll processes the data in a manner laid down by a special law ^ 11 m).
The operator of an electronic toll collection system provides the data from the register
information about the toll on the basis of a written request from administrators of land
roads, road administrations, the police of the Czech Republic,
The security intelligence service, the customs administration of the Czech Republic in the scope of
to the extent necessary for the execution of the authority under this Act and the Central
traffic information system.
(4) the operator of an electronic toll collection system is entitled to claim
and vehicle) from your electronic toll collection system, or from
person authorized by him ^ 11 l) with the exception of the vehicle electronic system
the toll, the use of the toll road charging
is not subject to, and with the exception of vehicles for which it provides a service
the European electronic toll service provider toll,
1. toll,
2. a deposit up to the amount of the acquisition price of the electronic
the device, and
(b)), from the European provider of toll payment of tolls in General
cases referred to in paragraph 1 (b). (e)).
(5) the deposit is a guarantee that the electronic device will be returned
functional and undamaged by the operators of electronic toll collection system. After
the takeover of the functional and undamaged electronic equipment returns
the operator of an electronic toll collection system in the full amount of the security deposit to the person
that bail has passed, or any other authorised person ^ 11 l).
(6) the deposit will be forfeited if not for registered e-
device from the date of its receipt, or from the date of the execution of the last toll
the transaction for a period of longer than 1 year no toll transactions and electronic
by this time the device was not returned to the system operator
electronic toll collection, or if it was registered electronic device
the electronic toll collection system operator returned broken or
damaged. Forfeited bail are receiving State Fund of transport
infrastructure.
(7) the amount of the security deposit shall adopt detailed legislation.
§ 22
Permission to provide the European electronic toll service
(1) the Department of transportation has granted to a legal person on the basis of a written
request permission to provide the European electronic toll service,
If
and) is established in the Czech Republic,
(b) granting certification) has a quality management system according to the European
^ 31) technical standards,
c) owns or has the right to use technical equipment necessary to
the provision of the European electronic toll service,
d) it used elements of the electronic toll collection system are made in the
accordance with the requirements of § 23 para. 1,
e) it meets the conditions of competence for the granting of European
electronic toll service,
f) satisfies the conditions of financial eligibility for the grant of the European
electronic toll service,
g) has processed a risk management plan that includes procedures and measures to
provide a level of services provided by it, and
(h)) has a good reputation.
(2) the applicant for permission to provide European services
electronic tolling is competent, if statutory authority
or at least 1 member of the statutory body is a graduate of the master's
study programme in the field of technical sciences or economics and has
at least 3 years experience in the field of administration or the provision of electronic
the toll, of information society services, electronic services
communications or services of electronic money institutions.
(3) the financial qualifications for the provision of services
electronic toll collection means the ability of the applicant to grant a permission
to provide the European electronic toll service financially
ensure the proper and continuous provision of the service
electronic toll collection in the Member States of the European Union. Financial
eligibility is demonstrated by the financial statements for the previous year certified
the Auditor, where appropriate, the last financial statements certified by the Auditor, and
proof of liability insurance for damage caused in the
connection with the provision of the European electronic toll service.
(4) the applicant for permission to provide European services
electronic toll collection is not financially eligible if it was decided to
liquidation or bankruptcy has been decided upon ^ 32), or if the
arrears on taxes, social security and a contribution to
State employment policy, including penalties or premiums
universal health insurance, including finance charges.
(5) the provider of the European toll has a good reputation, if the statutory
authority or Board members are upstanding. For the integrity of the
for the purposes of this Act, does not consider the one who was convicted
for an offense committed intentionally to imprisonment
at least 1 year in duration, for a crime committed intentionally for which
facts related to the business, or for the criminal act committed out of
negligence, the merits of which is related to the subject of business,
If he does not look as if he has been convicted.
(6) in order to determine whether the applicant fulfils the condition of good reputation
referred to in paragraph 1 (b). (h)), the Ministry of transport's requests by
special legal regulation ^ 33) an extract from the criminal register.
An application for a statement of convictions, and the extract from the register
Criminal record shall be transmitted in electronic form, in a manner
allowing remote access.
(7) conditions for granting permissions to provide European services
electronic toll service provider is obliged to fulfill the European toll
throughout the period of validity of the permission.
(8) the Requirements for the risk management plan lays down detailed legal
prescription.
§ .22e
The obligations of the provider of the European toll
European toll provider pursuant to § 22 para. 1 is required to
a) within 2 years of the granting of the permission to provide European services
electronic toll collection to conclude a contract for the provision of the European services
electronic toll collection with the operators of all systems of electronic
the toll in the Member States of the European Union, which are part of the European
electronic toll service ^ 11 k)
(b) ensure continuous provision of European) electronic
the toll in all electronic toll systems in accordance with subparagraph (a)), and in
If it loses the coverage of a computer system
the toll, restore the provision of electronic toll service in this
electronic toll collection system at the latest within 6 months,
c) publish in a way allowing remote and access your
terms and conditions and information about the extent of coverage of systems of electronic
the toll in the Member States of the European Union by service provided
electronic tolling and continuously update them,
(d) submit to the Ministry of transport) by 30 June each year. March
Declaration on the scope of coverage of the electronic toll collection system in the Member
States of the European Union by the electronic service provided by the European
the toll,
(e) provision of electronic equipment) to ensure that any operator
the vehicle, which on the basis of the Treaty provides the European service
electronic toll collection
(f)) to ensure that it provided to the European electronic toll service
allow transmission of data necessary for the continuous use of the
toll roads in the Member States of the European Union,
including direct data entry into an electronic device driver
of the vehicle,
g) without delay after the issue of the electronic equipment of the vehicle operators,
which, on the basis of the Treaty provides the European electronic
the toll, pass the information necessary for his registration of operators
electronic toll collection systems in the Member States of the European Union,
h) keep a register of blocked and broken electronic devices,
issued, and on the non-applicability of electronic equipment without delay
inform the operator of electronic toll collection systems in the Member
States of the European Union,
I) in billing prices for electronic toll collection service
separate charges for the services provided by it and incurred the tolls and
the posted toll at least particulars of the time, the place where a toll and about
its particular composition,
j) to inform the operator of the vehicle, which on the basis of
the Treaty provides the European electronic toll service, in the case
the failure of or restrictions on the European electronic toll service,
that may affect the ability to use the services which it provides them, and
at the same time about the failure or limitation of European electronic toll service
inform also the operator's electronic toll collection system, whose
system failure or limitation touches,
to) to inform the operator of the vehicle, which on the basis of
the Treaty provides the European electronic toll service, if
pay tolls according to the conditions specified in the contract for the provision of
European electronic toll service, and to provide for him a reasonable time limit to
a toll
l) proceed in accordance with the plan for the management of the risks and leave it for at least
every 2 years to review and update,
m) to provide necessary assistance to the operators of systems
electronic toll collection in the Member States of the European Union during the inspection
the accuracy of the data which they registered or when you check the above them
set out the General toll.
11 l) section 31 and following of the civil code.
Act No. 21/2006 Coll., on verification of conformity transcript or a copy with the Charter and the
verifying the authenticity of the signature and on amendments to certain acts (the Act on
authentication), as amended.
11 m) Act No. 367/2000 Coll., on public administration and information systems of the
amendments to certain other laws, as amended.
30) Commission decision No 2009/750/EC of 6 May 1999. October 2009 on the definition
European electronic toll service and its technical features.
31) EN ISO 9001.
32) Law No. 182/2006 Coll., on bankruptcy and the ways of its solution
(insolvency law), as amended.
33) Act No. 266/1994 Coll., on criminal records, as amended
regulations. ".
8. the following paragraph shall be inserted after paragraph .22e 22f to 22 k, including headings and
footnote # 34 and 35 shall be added:
"§ 22f
Withdrawal of the European electronic toll service
The Department of transportation may withdraw the granted permission by him to provide
European electronic toll service, if the supplier of the European
the toll
and no longer meets either of) the conditions of granting the permission specified in §
22 paragraph 1. 1, or
(b) fails to meet any of the requirements) referred to in § .22e.
§ 22 g
(1) the operator of an electronic toll collection system and provider
European tolls are required to provide European services
the electronic toll collection system used only such elements of the electronic
the toll, which, in accordance with the European Commission decision defining the
the European electronic toll service ^ 30)
and) meet the specified requirements,
(b)) were subjected to the conformity assessment and the assessment of suitability for use and
(c)) are accompanied by a certificate of conformity and certificate of fitness for
the use of the.
(2) if the element of the electronic toll collection system provided with the CE marking
According to the applicable legislation of the European Union directly ^ 34), it is considered that the
the element satisfies the requirements referred to in paragraph 1.
(3) If the Department of Transportation determines, or has reason to suspect that
element of the electronic toll collection system that is used or intended to be used
in providing the European electronic toll service is not in accordance with the
requirements referred to in paragraph 1 or the prevents connectivity system
electronic toll collection in the framework of the European electronic toll service,
saves the protective measures under special legislation ^ 35).
§ 22 h
(1) in the case of disputes relating to the conclusion of the contract according to § 22 c of paragraph 1. 1
(a). (g)), its content or about the rights and obligations after its
the conclusion, they may operator of the electronic toll collection system, or
European toll provider in writing to contact the Ministry of transport
with a request for comments to the subject of the dispute.
(2) Ministry of transport within 30 days of receipt of the request referred to in paragraph 1
electronic toll collection system operator and the competent
European toll providers, whether all necessary information and
supporting documents necessary for the assessment of the dispute and, if need be from them
requests the submission of additional information or basis within a reasonable period of time.
(3) the Department of transportation shall issue no later than 6 months from the receipt of the
the request referred to in paragraph 1, in which representation shall evaluate in particular whether the
the terms of a non-discriminatory, balanced and in accordance with decision
The European Commission, defining the European electronic
toll ^ 30).
Obligations of the operator and the driver of the vehicle electronic system
the toll
§§ 22i
(1) the operator of a vehicle in the electronic toll collection system is before the
the use of toll roads shall be obliged to
and the electronic toll collection system operator) or providers
European toll if it has concluded a contract for the provision of
European electronic toll service, provide the information needed to
of registration of the vehicle operated by it in the electronic toll collection system
report without undue delay to change this information,
(b)) to ensure installation of electronic equipment to the registered
vehicle electronic toll collection system
(c)) to learn about the vehicles operated by the driver handling
electronic equipment and its use.
(2) the operator of a vehicle in the electronic toll collection system is obliged to
ensure payment of tolls under the terms agreed with the operator
electronic toll collection system, the toll providers
European tolls based on European contract services
electronic toll collection.
(3) the operator of a vehicle shall not
and recorded electronic device) to use in another vehicle in the system
electronic toll collection
(b)) order allow, or entrust the management of vehicles in the system
electronic toll collection at toll roads, if this
the vehicle is registered and equipped with the electronic equipment of the vehicle.
(4) Implementing law provides a way of implementing evidence in
electronic toll collection system, the treatment of electronic
the device and its use, the conditions for ensuring the interoperability of
electronic toll collection systems in accordance with the relevant regulation
The European Union ^ 11 k), the method of payment of tolls and the evidence of payment of the
the toll.
(5) details the terms of toll toll land
communication in the electronic toll collection system may be established in
terms and conditions of the operator of electronic toll collection system.
section 22j
(1) the driver of a vehicle in the electronic toll collection system is obliged to
and) before taking the toll road to ensure the registration of the
vehicle electronic toll collection system, unless it is on the vehicle,
on which the contract was concluded with the provider of the European
the toll, and ensure installation of electronic equipment to the registered
vehicle electronic toll collection system, if these obligations are not
met by the vehicle operator under § 22i para. 1 (b). a) and (b)), and
enter into the electronic devices enabling the proper determination of
the toll,
(b)) all the time to travel on toll roads maintain
electronic device in operation,
(c)) to dispose of electronic equipment in the manner laid down by the
the implementing regulation,
(d) pay the toll operator) electronic toll collection system
If it has not been paid by the vehicle operator in electronic system
the toll, or to compensate you for the toll of the European toll provider under §
22 c of paragraph 1. 4 (b). (b)),
(e)) at the invitation of a police officer or customs officer to allow the payment of tolls,
If the toll provider will not refund the European toll under section 22 c of paragraph 1. 4
(a). (b)), and the functionality of an electronic device.
(2) the driver of a vehicle in the electronic toll collection system must not drive a vehicle
in the electronic toll collection system after the toll roads;
If the vehicle is not registered in the electronic toll collection system and
equipped with the appropriate electronic equipment.
(3) the types of information that are required to enter into the electronic
the devices, which allow the fixing of tolls and terms and conditions of use
electronic equipment laid down detailed legislation.
§ 22 k
If there is no outstanding tolls paid, or when prompted by the operator,
electronic toll collection system, in which is set an appropriate period for
payment, the operator is entitled to claim the electronic toll collection system
your rights in court, including the payment of interest on arrears specified
provisions in civil law.
34) European Parliament and Council Regulation (EC) no 765/2008 of 9 July.
July 2008 setting out the requirements for accreditation and supervision of
market related to the marketing of products and repealing Regulation
(EEC) No 339/93.
35) § 18a Act No. 22/1997 Coll., on technical requirements for products and
amending and supplementing certain acts, as amended by Act No. 490/2009 Coll., and
Act No. 34/2010 Sb. ".
9. In paragraph 24, at the end of paragraph 5, the dot is replaced by a comma and the following
subparagraph (f)), which read as follows:
"(f)), operator of the electronic toll collection system, in the case of toll
infrastructure. ".
10. In § 25 para. 6 (a). (c)) item 1:
"1. the establishment and operation of facilities for the written, video, light
or in any other way by advertising or promotion (hereinafter referred to as
"advertising"), ".
11. In § 25 para. 7, in the introductory part of the provisions, the word "location"
replaced by the word "establishment", in subparagraph (b)), the word "and" shall be replaced by a comma,
in subparagraph (c)), the period shall be replaced by "and" and the following new paragraph
(d)), which read as follows:
"(d)) advertising will be used to indicate the establishment located
in the continuously built-up area of the village according to § 30 para. 3 at a distance of
50 metres from advertising device or outside the built-up area of the village continuously
in the road protection zone at a distance of 200 metres from the advertising
the device, if it is about advertising on the highway, the road I class
or on their land. "auxiliary road.
12. In § 25 para. 10 and 11 and in § 31 para. 6 and 7, the words "removal
advertising and its "are replaced by the words" removal of advertising devices and
his ".
13. in section 30 paragraph 2. 4, the words "advertising banners, promotional and other
equipment, lamps, shaded areas, and other similar
device "shall be replaced by" advertising ".
14. in section 31, paragraph 1 reads:
"(1) the establishment and operation of advertising devices in the road protection
zone shall be subject to authorization. '.
15. In article 31, paragraph 1, the following new paragraphs 2 to 4 shall be added:
"(2) the establishment and operation of advertising devices can only be enabled,
If it is not interchangeable with the traffic signs, light signals,
operational information or transport devices and
If he can't dazzle road users concerned or otherwise
interfere with traffic on the road.
(3) in the case of advertising visible from roads in the
Road protection zone the highway and the road I class, the establishment of a
and operation allow only if it meets the conditions in paragraph 2, and
is used to indicate a facility that is located in the road protection
zone at a distance of 200 metres from advertising device.
(4) the authorisation referred to in paragraph 1 issued by the competent administrative authority after the road
prior consent of the
and the owner of the real estate in question) that you want the advertising device
implemented and operated,
(b) the Ministry of the Interior), in the case of Highway and road protection zone
Expressway
(c)) the competent authority of the police of the Czech Republic, in the case of road
the protective zone of the road, with the exception of Expressway, and the local
communication. ".
Paragraphs 2 to 8 shall be renumbered as paragraphs 5 to 11.
16. in § 31 para. 9 in the first sentence, after the words "an advertising device
placed "the words" in contravention of paragraph 2, 3 or 5 "and
the words "by the competent administrative authority" shall be inserted after the words "in accordance with
paragraph 1 ".
17. in § 31 para. 9, the third sentence is replaced by the phrase "if it fails to so
Road administrative office shall ensure that within 15 business days covering advertising and
thereafter arrange for removal and disposal of equipment at the expense of advertising
the owner of this device. ".
18. in § 31 para. 9, the last sentence shall be deleted.
19. in section 35 para. 3, the words "on the basis of the decision on their application
issued by the competent authority in accordance with the specific rules ^ 2) "is replaced by
the words "on the basis of the determination of local adaptations of road
roads or facilities for operational information ^ 11a) ".
20. in section 38a, paragraph 3, letter a) is added:
") provides, in conjunction with the police of the Czech Republic or by the customs
authorities
1. on the road I class, with the exception of expressways in your region
territorial jurisdiction with the consent of the owner of the infrastructure or
the designated officer and
2. the owner of the other road infrastructure or
a person authorized by. ".
21. in section 38a, paragraph 4 reads:
"(4) high speed check weighing ensures
and on the roads I.) class, with the exception of expressways in your region
territorial jurisdiction with the consent of the owner of the infrastructure or
the designated officer and
(b)) on other roads, the owner of the infrastructure or
a person authorized by. ".
22. in section 38a, paragraphs 5 and 6 shall be deleted.
Paragraphs 7 to 9 shall be renumbered as paragraphs 5 to 7.
23. in section 38b paragraph 5 is added:
"(5) where it is found at low speed control dear crossing
values stipulated by special legislation ^ 10), is the operator of
the vehicle shall be obliged to the owner of the infrastructure or the region, provides a
Dear pursuant to § 38 paragraph 1(a). 3 (b). and point 1) pay the costs of weighing
flat-rate amount of EUR 6 000. Pay the costs of weighing saves
competent administrative authority together with the decision on the imposition of a fine for administrative
offence under section 42b para. 1 (b). r).“.
24. in section 38b para. 6, the words "method of determining the costs associated with
low speed control by weighing, "shall be deleted.
25. In article 38d, paragraph 2 shall be deleted.
Paragraphs 3 to 6 shall be renumbered 2 to 5.
26. in section 38d of paragraphs 3 and 4 are added:
"(3) if it is exceeded when high-speed inspection weighing
values laid down by specific legislation, shall issue a ^ 10) owner
road or County provides a weighting according to § 38 paragraph. 4
(a). and), or a person authorized by them to ensure high speed
check weighing evidence, which delivers the Municipal Council of the municipality with extended
scope, in whose administrative district was a high speed control
Dear done.
(4) if it is exceeded when high-speed inspection weighing
values stipulated by special legislation ^ 10), is the operator of
the vehicle shall be obliged to the owner of the infrastructure or the region, provides a
Dear pursuant to § 38 paragraph 1(a). 4 (b). and weighing costs) a flat-rate
the amount in the amount of $200. Pay the costs of weighing the
Administrative Office together with the decision on the imposition of a fine for an administrative offence
According to § 42 para. 1 (b). r).“.
27. in paragraph 38d paragraph. 5, the words "method of determining the costs associated with
high speed inspection by weighing, "shall be deleted.
28. For the part of a seventh part shall be inserted after the eighth, including title and
footnote No. 36:
"PART EIGHT
INTELLIGENT TRANSPORT SYSTEM
§ 39a
(1) intelligent transport system is a collection of electronic resources,
technical equipment, software and other tools that
allow you to search the collection, disclosure, use and other
processing of data concerning road safety, road traffic,
travel, logistics and transportation links, and the purpose of which is to increase the
the safe and coordinated use of road infrastructure and reduction of
the negative impact of road traffic on the environment.
(2) the service provider is obliged to intelligent transportation system
in providing this service to use only the components of the smart
the transport system that conform to the specifications laid down by the European
by the Commission and published in the official journal of the European Union, and to provide
intelligent transport system services in a manner consistent with these
specifications.
(3) if so provided by the specification referred to in paragraph 2, the placing on the market and putting into
only those components of the intelligent transport system, for which the
was carried out the assessment of conformity or suitability for use in accordance with the
This specification.
(4) If the Department of Transportation determines, or has reason to suspect that
part of the intelligent transport system does not comply with the requirement
pursuant to paragraph 2 or 3, it saves under a special protection measure
^ law 35).
(5) the service provider is obliged to intelligent transportation system
to ensure that the services provided by him in accordance with the rules for
processing of personal data under a special legal regulation ^ 36).
36) Act No. 101/2000 Coll., on the protection of personal data and on amendments to certain
laws, as amended. ".
The former part of the eighth and ninth are known as part of the ninth and tenth.
29. in paragraph 40, the dot at the end of paragraph 2 is replaced by a comma and the following
letter h) to (j)) are added:
"h) publishes a statement of the dispute between the operator system
electronic toll collection and the provider of the European toll according to § 22 h
paragraph. 3,
I) protective measures for the elements stores the electronic toll collection system and for
part of the intelligent transport system
j) discussing administrative offences pursuant to § 42 para. 5. ".
30. in paragraph 1 of section 40. 3 points (g) and (h))) shall be deleted.
31. in section 40 para. 4 (b)):
"(b)) are heard by the administrative offences under section 42a and 42b in matters of motorways and
the roads, with the exception of administrative offences, for which the competent
the Customs office or the Ministry of transport; for discussion of administrative offences
According to § 42 para. 4 (b). (e)) and section 42b para. 1 (b). r), s) and t) is
the locally competent municipal office municipality with extended powers, in whose
administrative district was committing an administrative offense found ".
32. In paragraph 2 of section 40. 4, point (b)) the following new point (c)), which read as follows:
"(c)) are heard by the administrative offences pursuant to § 42 para. 4 (b). (e)) and section 42b
paragraph. 1 (b). r), s), and t) in matters of local roads; locally
jurisdiction to hear the following administrative offences is the local authority of a
extended powers, in whose administrative district was committing an administrative
offense found ".
Letter c) is renumbered as paragraph (d)).
33. In paragraph 2 of section 40. 5 (b). (b)), after the words "regional authority" the words
"or municipal office municipality with extended powers".
34. In section 40 para. 5 (d)) shall be deleted.
35. In section 40 para. 8, the words "§ 42 para. 2 to 4 "shall be replaced by ' paragraph 42a
paragraph. 2 and 3, paragraph 1. 4 (b). a) to (d)) ".
36. In § 41 para. 1, after the words "the", the words "shall exercise State supervision
the European electronic toll service, in the area of
the provision of services and intelligent transport system ".
37. In § 41 para. 2, after the words "infrastructure", the words "
European toll providers pursuant to section 22 paragraph 1. 1 or
intelligent transport system services providers ".
38. In paragraph 42a para. 1, letter a) is added:
"and) contrary to section 7 para. 5 or § 24 restricts the use of the highway, General
the road, a local road or public special-purpose communication,
illegally shall establish a detour, roadblock or detour by Mark
the decision about the limits of general use or fails to comply with the conditions laid down
This decision ".
39. In paragraph 42a para. 1 (b). (e)), the words "paragraph. 1 "shall be deleted and the words
"road administrative office" shall be replaced by "pursuant to § 31 para. 1. "
40. In paragraph 42a para. 3 of the introductory part of the provisions, the words "in violation of §
22 "shall be replaced by" contrary to section 22j. "
41. In paragraph 42a para. 4 (b). a), the words "high speed"
shall be deleted.
42. In paragraph 2 of section 42b. 1, letter a) is added:
"and) contrary to section 7 para. 5 or § 24 restricts the use of the highway, General
the road, a local road or public special-purpose communication,
illegally shall establish a detour, roadblock or detour by Mark
the decision about the limits of general use or fails to comply with the conditions laid down
This decision ".
43. In paragraph 42b para. 1 (b). (e)), the words "paragraph. 1 "shall be deleted and the words
"road administrative office" shall be replaced by "pursuant to § 31 para. 1. "
44. In paragraph 42b para. 1 (b). t), the words "municipalities or regions" shall be deleted.
45. In paragraph 42b para. 2 the initial part of the provision, the words "in violation of §
22 c shall be replaced by "in violation of § 22i".
46. In paragraph 42b para. 2 at the end of the text of subparagraph (a)) the following words "and
without undue delay does not report the change to the data necessary to register ".
47. In article 42b is inserted after paragraph 4, the following paragraph 5 is added:
"(5) a legal entity or individual entrepreneur, as a provider of
intelligent transport system of the administrative offense committed by
that part of the intelligent transport system that does not match the
specifications pursuant to § 39a para. 2, or provides the service of intelligent
the transport system in a way inadequate specifications. ".
The present paragraph 5 shall become paragraph 6.
48. In paragraph 2 of section 42b. 6 (a). and) the words "s) and u)" shall be replaced by "s), u)
and paragraph 5 ".
49. In paragraph 43, the following shall be added at the end of paragraph 2, the sentence which reads: "in the case of
administrative offence under § 42 para. 1 (b). r) and with), the amount of the fine, 7
000.0-CZK for every new/tonne, which exceeds the maximum allowed
mass of the vehicle according to the specific legislation ^ 10). In the case that it is
infringed more limit values is taken into account only the highest
overload. ".
50. in § 43 para. 4, the words "or regional office under the scope of
provided for in section 40 para. 3 (b). (h)), "are replaced by the words" or the Ministry of
transport according to the scope provided for in § 40 paragraph 2. 2 (a). j) "and the words" §
40 para. 4, 5, 7 and 8 "are replaced by the words" § 40 paragraph 2. 8. "
51. In § 43 para. 6, after the word "Fines", the words "and refunds
the costs of weighing under section 38b para. 5 or § 38d para. 4. "
52. In paragraph 43, the following shall be added at the end of paragraph 6, the phrase "income from fines
imposed for administrative offences pursuant to § 42 para. 1 (b). r), s) and t) is
40% of the income of the owner of the infrastructure to which the control
Dear done, in the case of the infrastructure is owned by the State
the income of the State Fund of transport infrastructure from 45% of the income of the region,
in whose territorial jurisdiction was made and weighing from 15% income
the budget from which is covered by the activities of the authority, which imposed the fine.
Weighing the costs imposed under section 38b para. 5 or § 38d para. 4
are the income of the owner of the infrastructure on which it was check weighing
done, in the case of road owned by the State are
income of the State Fund of transport infrastructure. ".
53. In § 43 para. 7, after the word "Fine", the words "and compensation
the costs of weighing under section 38b para. 5 or § 38d para. 4. "
54. In § 43 para. 8, the words "§ 42" shall be replaced by ' paragraph 42b ".
55. In section 43 at the end of the text following paragraph 11, which read:
"(11) in the case of the administrative offense under section 42b of the act committed by the
through the vehicle, which is a combination of vehicles, is behind this administrative
tort responsibility of the owner of the motor vehicle road. ".
56. In Article 43a paragraph. 1 (b). (c)), the words "referred to in" the words
"§ 42 para. 1 (b). r) or ".
57. In paragraph 43b para. 2, after the words "and the costs," the words "and
where applicable, the costs of weighing under section 38b para. 5 or § 38d para. 4 "and on the
end of the text of paragraph 2 the words "costs and, where appropriate,
the costs of weighing ".
58. In § 44 para. 1, the first and the second sentence shall be deleted;
59. In § 46 para. 1 the words "§ 22 para. 4 "shall be replaced by ' section 22 para.
5. "
60. In article 46 at the end of paragraph 1, the following sentence "the Government, by regulation,
establish the amount of the discount on the tolls, terms the application of discounts on tolls and
How to apply the discount on the toll according to § 22 para. 3. ".
61. In § 46 para. 2 the words "§ 22 para. 4 and 7, § 22a para. 4, section 22b
paragraph. 2 (a). (f) section 22b), para. 6, § 22 c of paragraph 1. 4, § 22 para. 1 (b). (c)),
§ 22 para. 3.0 "shall be replaced by ' section 22 para. 5 and 8, § 22a para. 3, section 22 c
paragraph. 2 (a). (f)), section 22 c of paragraph 1. 7, § 22 para. 8, §§ 22i para. 4, section 22j
paragraph. 1 (b). (c)), section 22j para. 3, ", the words" § 30 paragraph 2. 3.0 "shall be deleted and the
the words "§ 38d para. 6 "shall be replaced by ' paragraph 38d paragraph. 5. "
62. In article 46, paragraph 3 shall be deleted.
Article. (II)
Transitional provisions
1. the proceedings initiated before the date of entry into force of this Act and to
on this day the unfinished completes and the rights and obligations
related shall be assessed according to the law No. 13/1997 Coll., in the version in force in
the effective date of this Act.
2. Advertising, whose establishment and operation on the highway, the road
Class I or road auxiliary land or in road
the protection zone of Highway and road I class was a road to the administrative
the Office permitted before the date of entry into force of this Act, may continue to be
operate in compliance with the conditions specified in the permit until the demise of this
authorization, but no longer than 5 years after the date of entry into force of this Act.
3. the owner of an advertising device referred to in point 2, if he was not
an authorization issued pursuant to Act No. 13/1997 Coll., in the version in force from the date of
entry into force of this Act, after the end of the period during which you can
According to point 2 of the advertising, is obliged to maintain advertising
the device, without undue delay, no later than 5 working days,
delete. If the owner of an advertising device within a specified period,
proceed in accordance with § 25 para. 10 and 11 or § 31 para. 9 to 11 of Act No.
13/1997 Coll., in the version in force from the date of entry into force of this Act.
PART TWO
Amendment of the Act on the State Fund of transport infrastructure
Article. (III)
Act No. 104/2000 Coll. on the State Fund of transport infrastructure and the
Amendment of the Act No. 171/1991 Coll., on the scope of the authorities of the Czech Republic in
matters of transfers of assets to other persons and the national property Fund
The Czech Republic, as amended, as amended by Act No.
179/2005 Coll., Act No. 80/2006 Coll., Act No. 347/2009 Coll. and Act No.
152/2010 Coll., shall be amended as follows:
1. In section 2, at the end of paragraph 1, the period is replaced by a comma and the following
the letter l) is added:
"l) financing costs related to the acquisition, Assembly and
the operation of the inspection weights on the road owned
State. ".
2. In paragraph 2, at the end of paragraph 1, the period is replaced by a comma and the following
the letter m) is added:
"m) financing of costs related to the acquisition of property rights
or with the establishment and duration of the easement to the land on which it is
transport infrastructure is owned by the State, or land
serving the purposes of protection and maintenance of transport infrastructure in the
the ownership of the State. ".
3. In section 4, paragraph 4. 1 letter e) is added:
"e) revenues from tolls ^ 5) and forfeited deposits ^ 5)".
4. In section 4, paragraph 4. 1 the following letter l) is added:
"l) transfers of part of the proceeds from fines imposed for administrative offences in the
connection with the operation of the vehicle, which, in the inspection of weighing
exceeds the maximum permitted weight or other weight ratios according to the
a special legal regulation, and pay the costs of weighing according to a special
legislation. ".
PART THREE
The EFFECTIVENESS of the
Article. (IV)
This Act shall take effect on the first day of the third calendar month
following the date of its publication, with the exception of the provisions of article. I, points
4, 5, 59 and 60, which will become effective on the date of its publication.
Němcová in r.
Klaus r.
Nečas in r.
