374/2007 Sb.
LAW
of 6 May 1999. December 2007,
amending Act No. 247/2000 Coll. on obtaining and improving
professional competence to control the motor vehicles and on changes of some
laws, as amended, Act No. 361/2000 Coll., on the service of
on the road and on changes of some acts (law on
road traffic), as amended, Act No 634/2004
Coll., on administrative fees, as amended, and Act No.
111/1994 Coll. on road traffic, as amended
Parliament has passed the following Act of the United States:
PART THE FIRST
Amendment of the Act No. 247/2000 Coll. on obtaining and improving vocational
eligibility to drive motor vehicles and on changes of some acts,
as amended
Article. (I)
Act No. 247/2000 Coll. on obtaining and improving professional competence
to drive motor vehicles and on amendments to certain acts, as amended by
Act No. 477/2001 Coll., Act No. 175/2002 Coll., Act No. 320/2002 Coll.
and Act No. 411/2005 is amended as follows:
1. in the introductory part of the provisions of paragraph 1, after the words "the law", the words
"European legislation incorporates the relevant Community" ^ 1 ") and".
Footnote 1:
"1) directive of the European Parliament and of the Council 2003/59/EC of 15 December 1999.
July 2003 on the initial qualification and periodic training of drivers
some road vehicles for freight or passenger transport and amending
Council Regulation (EEC) No 3820/85 and Council Directive 91/439/EEC and the cancellation of
Council Directive 76/914/EEC. Directive of the European Parliament and of the Council
2004/66/EC of 26 July 2000. April 2004, by reason of the accession of the Czech
Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland,
Slovakia and Slovenia, regulating the directive of the European Parliament and of the Council
1999/45/EC, 2002/83/EC, 2003/37/EC and 2003/59/EC and Council directive
77/388/EEC, 91/414/EEC, 96/26/EC, 2003/48/EC and 2003/49/EC in the fields of
free movement of goods, freedom to provide services, agriculture, transport
policy and taxes. ".
Footnote No. 1 is referred to as a footnote
No 1a, including links to a footnote.
2. In paragraph 1 (f)):
"(f)) for the implementation of teaching and training in the context of improving the
professional competence of drivers ".
3. In paragraph 1, the following point (f)) the following points (g) and (h))) are added:
"(g)) the natural or legal person who carries out the teaching and
training in the context of improving the competence of drivers, and its rights
and obligations,
(h) issuing certificate of professional competence) of the driver ".
Subparagraph g) and (h)) are known as letters i) and (j)).
4. In § 13 para. 1 letter e) is added:
"e) in the territory of the United States has permanent residence or temporary stay,".
5. In § 13 para. 2, the words "a year and a half" shall be replaced by "two years".
6. In § 13 para. 3 (b)):
"(b)) the permanent address or temporary residence on the territory of the Czech Republic".
7. in article 13, paragraph 5 is added:
"(5) the matters referred to in paragraph 1 (b). (g)) the applicant demonstrates an honorary
statement. ".
8. In article 19, paragraph 2 shall be deleted and shall be deleted at the same time, paragraph
1.
9. In paragraph 25, the second sentence shall be deleted.
10. In § 43 para. 1 the number "30" is replaced by "35".
11. In § 43 para. 5, the words "in categories AM and and or subgroups A1"
replaced by the words "carried out with a training vehicle that is only
a two-digit ".
12. Part five, including title and footnote # 5 to 6b is inserted:
"PART FIVE
IMPROVING THE COMPETENCE OF DRIVERS
HEAD FIRST
IMPROVEMENT OF PROFESSIONAL COMPETENCE FOR THE PURPOSES OF PROFESSIONAL DRIVERS
THE COMPETENCE OF DRIVERS
§ 46
(1) improving the competence of drivers includes initial training
and the subsequent regular training.
(2) improving the competence of drivers is required to participate in
a driver who
a) is a citizen of a Member State of the European Union, and has in the Czech
States permanent residence,
b) is a citizen of a Member State of the European Union, and has in the Czech
Republic a temporary stay, which lasts for at least 185 days in each calendar
year, or
c) is a citizen of other than European Union Member State and carries out
dependent work ^ 5) for an employer established in the territory of the Czech Republic
or does business in the territory of the Czech Republic,
while driving a motor vehicle for which the management authorises the driving
permission categories C, C + E, D and D + E licence, or a subcategory C1, C1 + E, D1 and D1 + E
or a driving licence recognised as equivalent.
(3) the obligation referred to in paragraph 2 shall not apply to the driver
a) vehicles whose maximum authorised speed not exceeding 45 km. h-1,
b) vehicles used by the armed forces of the Czech Republic Police
The Czech Republic, the customs administration of the Czech Republic and intelligence
services Czech Republic,
(c)) vehicles of the fire brigade of the United States and the drives
the voluntary fire brigade, emergency medical services and the administration of State
material reserves,
d) vehicles used in civil protection and assurance of mining
emergency services,
e) vehicles operated ^ 6)
f) vehicles used in training according to the third and fifth sections of this
law, and in the tests referred to in the third and fourth parts of this Act,
g) vehicles used in the transport of goods, which the driver will use when
performance of their dependent work or business, if the control is not the main
the subject of dependent employment or business driver,
h) vehicles used for own needs and
I) agricultural and forestry tractors.
(4) periodic training is the deepening of qualification under the Special
^ 6a) legislation.
§ 47
Initial training
(1) the initial training is carried out in the form of teaching and training experience
an examination of professional competence of drivers. The subject of teaching and training
obtaining and deepening of knowledge
and the advanced theory of rational management) and the principles of safe and defensive
drive,
(b)) the application of national and international legislation
relating to road transport,
(c) safety and environmental) of the operation of the vehicle,
(d)) the provision of services and logistics,
(e)) and the Organization of the economic environment of the transport market,
f) socio-legal environment in road transport,
g) health risks and their prevention in road
roads,
h) prevention and emergency response in the road
roads.
Tutorial contains a common part for all the groups affected
referred to in § 46 para. 2, a special section for the category of driving
permission of C1, C1 + E, C and C + E and a special section for the category of driving
permissions D1, D1 + E, D and D + E.
(2) training for the relevant group or sub-group of a driving licence
control of the training of the vehicle in accordance with Annex 2, under the supervision
trainer. Training may submit only a driver who already holds
driving licence for the relevant group or sub-group. Part of the training in the
driving the vehicle may be replaced by training on the driving simulator.
(3) education and training in the context of the input is done in basic training
the range of 140 hours for all the drivers referred to in § 46 para. 2.
(4) the drivers who are holders of a driving licence for categories C, C + E, D
and (D) + (E), shall be eligible for teaching and training in the context of the input in training
an extended range of 280 hours.
(5) a driver who has completed initial training for groups and subgroups
categories C1, C1 + E, C and C + E and who intends to drive a vehicle to the
which management authorizes the driving licence of category and subcategory D1,
D1 + E, D and D + E, and vice versa, shall be subjected to only a specific part of the tuition for
a new group and sub-group of the driving privilege.
(6) a teaching outline entry training, teaching and training, share of total
the range of the input training, teaching and training content, the range of common parts
and special parts of teaching, part of the training in driving a vehicle, which may be
replaced by training on the driving simulator, and the highest number of participants
course entry training lays down detailed legislation.
§ 48
Periodic training
(1) the subject of periodic training is to deepen the knowledge gained
the training input. Periodic training shall be carried out in the form of teaching.
(2) the driver will take part in regular training in the overall scope of the 35 hours
by the end of the fifth year from the date of issue of the licence under section 52c. Regular
training is divided into annual courses in a range of 7 hours.
(3) the holder of a valid document certifying the professional competence of the driver,
issued by another Member State of the European Union under the European
^ 6b) community, which has been authorised in the territory of the United States permanent
or temporary residence, or who started to perform dependent work or
do business according to § 46 para. 2, will take part in regular training in the scope of
35 hours until the date of expiry of the validity of this document. If to this
the date less than 5 years have elapsed, the range of the annual rate according to
of paragraph 2.
(4) a driver who attended regular training for groups and
the subgroup categories C1, C1 + E, C and C + E and which drives the vehicle,
to which management authorises the driving licence of category and subcategory D1,
D1 + E, D or D + E, and vice versa, may not pass a new periodic training
for these other groups or subgroups.
(5) a teaching outline of periodic training, teaching content and the highest number of
participants in the course of periodic training lays down detailed legislation.
§ 49
Operator training center
(1) teaching and training, performs a natural or legal person that is
granted accreditation to operate this business the regional authority
competent in its place of business or registered office (hereinafter referred to as
"the operator training centre").
(2) the Office grants the applicant a regional accreditation for the operation of the teaching and
training on the basis of a written application, if the applicant can prove that the
and) is the holder of a trade licence, the
b) meets any other requirements under this Act, and
(c)) paid an administrative fee.
(3) accreditation for the operation of the teaching and training is non-transferable and
is transferred to a legal successor.
§ 50
Additional requirements for accreditation
(1) an applicant for accreditation to the operation of the teaching and training needs
and) have created a written plan for providing the teaching and training, in which
define the Organization and scope of teaching and training, including the highest number of
participants in each of the individual courses, learning objects and method
the implementation of teaching and training, including the relevant teaching materials,
(b)) have a list of lecturers, through which shall ensure after the start
operation of the training center teaching and training, together with their names,
last name and professional prerequisites for teaching and training, who
1. are listed in section 22 (a). a), b), c) and (e)), in the case of articles
falling within the health risks and their prevention, or
2. they have secondary education with a GCSE in fields related
road transport and 5 years of experience in the field of road transport, or
higher professional education in disciplines related to road transport, and 4
years experience in the field of road transport, or a college education and 3
years experience in the field of road transport, in the case of other objects
3. meet the conditions provided for in § 21 para. 3, if it is on the implementation of
training, (hereinafter referred to as "competent person"),
(c)) have the right to use non-residential premises and equipment necessary for the
the provision of teaching,
(d)) have the right to use the vehicle necessary for the provision of training
training and
e) have created a control system to monitor the compliance of provision
teaching and training with a plan under (a)).
(2) The use of the training of the vehicle during training shall apply mutatis mutandis to section 9
10.
(3) related to road transport in the framework of secondary education with
graduation examination and higher vocational education lays down the detailed
legal prescription.
§ 51
Obligations of the operator training center
(1) the operator training center is obliged to
and) perform teaching and training under the plan to provide teaching and training,
(b)) to ensure the implementation of teaching and training by professional
eligible persons
(c)) to ensure the implementation of teaching and training through training
vehicles referred to in section 9 and 10,
(d)) throughout the period of operation of its activities have the right to use
non-residential premises and equipment necessary for the provision of teaching and have
These facilities and equipment all the time available,
e) throughout the period of operation of its activities have the right to use
training vehicles necessary for the provision of training and have this
the vehicle all the time available,
f) proceed in accordance with a control system for monitoring compliance
the provision of teaching and training with a plan to provide teaching and training,
g) to keep a record about the teaching and training undertaken, including a list of
participants, and
h) send no later than 5 working days before the start of teaching or training
in the input list and periodic training registered participants,
the place, date and time of commencement of the teaching or training of the Municipal Council of the village with
extended powers to the competent according to his place of business or
of the registered office.
(2) the operator training center is obliged to notify the regional authority
changes to the information relevant for the granting of accreditation, and submit them to the
documents within 15 days from the day on which they occurred.
(3) the operator training center is required to issue, without undue
the delay to the driver who ended his teaching and training at this resort,
confirmation of the scope and content of teaching and the training completed and the date
their teaching and training.
(4) the operator training center is obliged to acknowledge teaching and training in the
extent specified in the certificate referred to in the previous paragraph, which
the driver submit to a training center for another operator. At the entry
training operator training center recognizes the instruction and training referred to in the sentence
First, if only from their previous teaching and training not expired
more than 3 months.
(5) confirmation of the completed teaching and training and the date of their teaching
and training in training center provides the implementing legislation.
§ 52
Withdrawal of accreditation to operate in teaching and training
(1) the regional office shall decide on the withdrawal of accreditation to operate the teaching and
training, if the operator training center
and) repeatedly or rough way violated the obligations laid down in this
by law,
(b)) no longer meets the condition to the granting of accreditation according to § 49 paragraph 1. 2
(a). a), or
(c)) asked for the withdrawal of the accreditation.
(2) for accreditation to the pursuit of learning and training can
the operator, which was to operate the teaching accreditation and training
withdrawn pursuant to paragraph 1. ask again), regional Office of the first
After the expiration of 3 years from the effective date of the decision on the withdrawal of accreditation
to engage in teaching and training.
§ 52a
Conditions for admission to teaching and training
(1) the operator training center can take to teaching and training in the
the input of training only to the person who
a) submits a written application form,
(b) is the holder of a driving licence) the relevant group or sub-group
or is involved in teaching and training to obtain a driving licence
the relevant group or sub-group.
(2) for the admission of persons to the teaching within the framework of periodic training is valid
the conditions referred to in paragraph 1 (b). and the applicant of acceptance) to teach in
Furthermore, the periodic training must hold a driver's licence
the relevant group or sub-group and certificate of professional competence
the driver.
§ 52b
Test
(1) a written request for exam serves the driver for local authority
municipalities with extended competence of the competent according to the place of business or
the headquarters of the operator's training center, where he completed his teaching and training
in the context of improving the competence of drivers.
(2) the applicant for the exam must demonstrate that
and) graduated from the teaching and training in the context of the input in full training
and additional instruction, if provided for by this law,
(b)) paid a management fee,
c) is a citizen of
1. the Member State of the European Union and in the territory of the United States has a permanent
residence, or
2. the Member State of the European Union and is on the territory of the Czech Republic
a temporary stay, which lasts for at least 185 days, or
3. other than the Member State of the European Union and gainfully
^ 5) work for an employer established in the territory of the United States or
operates on the territory of the Czech Republic and
(d)) is held the driving licence the relevant group or sub-group.
(3) Municipal Office municipality with extended powers without undue delay
shall notify the applicant in writing of the place, date and time of the test. The test is
must be held within 30 days after receipt of the request for the exam
and prove all the facts referred to in paragraph 2 of the Municipal Council of the village with
extended powers, but not earlier than on the fifth working day following the date of the communication
the place, date and time of holding the trials in the first sentence.
(4) the Test shall be carried out in written form, and validates knowledge in all
areas of instruction listed in § 47 para. 1.
(5) Test is performed by the local authority of ORP
through an examiner under § 33 para. 2. On the test
the Commissioner shall apply the provisions of § 33 para. 4 and 5, and section 34 to 37 apply mutatis mutandis.
(6) If a driver failed during the test, the test may be repeated a maximum of
three times. Recurring test may be performed at least 5 working
days from the date of the previous test. If the driver does not succeed when the second
repeated the test, shall submit to the repeated teaching of the subject in the
which failed, and the test. If the driver does not succeed even when tested in
third sentence, shall be obliged to take part in the new entry training in full
the range. Tests referred to in the second sentence and the third driver must pass no later than
within 1 year from the date of the first test, or otherwise they must be subjected to the new
input training in its entirety.
(7) the municipal office municipality with extended powers, which carried out the test,
shall issue to the applicant without undue delay after the evaluation of test results
written confirmation of the execution of the test and its result shall be marked on it.
(8) the content, scope and method of carrying out tests and reviews of her
the results and confirmation of exam pattern lays down detailed legal
prescription.
§ 52c
Professional competence of the driver card
(1) Municipal Office municipality with extended powers, according to its permanent
or the driver's temporary residence on the territory of the United States, or if he does not
the driver of a permanent or temporary residence on the territory of the United States, according to the headquarters of the
or the place of business of the driver or his employer shall issue to drivers
the written request of the driver's licence of professional competence.
(2) an applicant for the issue of a certificate of professional competence of the driver must demonstrate
It is held the driving licence the relevant group or sub-group
and paid an administrative fee. The applicant must also demonstrate that the
and) succeeded in the exam period of 6 months preceding the application, or
(b)) submit to the teaching within the framework of regular training in the full range and is
a citizen of the
1. the Member State of the European Union and in the territory of the United States has a permanent
residence, or
2. the Member State of the European Union and is on the territory of the Czech Republic
a temporary stay, which lasts for at least 185 days in each calendar year, or
3. other than the Member State of the European Union and gainfully
^ 5) work for an employer established in the territory of the United States or
operates on the territory of the Czech Republic.
(3) the Successful execution of the tests referred to in paragraph 2, if the applicant does not
the test conducted by the municipal office municipality with extended powers referred to in
paragraph 1.
(4) the validity of the certificate of professional competence of the driver is 5 years.
(5) the loss, theft, damage or destruction of a certificate of professional
the eligibility of the driver is the holder shall, without undue delay,
report to the Municipal Office of the municipality with extended competence. Without undue
delay after notification shall issue a municipal office municipality with extended competence
the drivers of the confirmation of the loss, theft, damage or destruction of the certificate
professional competence of the driver. Confirm replaces a lost, stolen,
damaged or destroyed license professional competence and its driver
the validity is 30 days since its release.
(6) For lost, stolen, damaged or destroyed license professional
the eligibility of the driver shall be drawn up on the basis of a written application to the driver and after
payment of an administration fee, municipal office municipality with extended powers
within 20 days from the date of submission of the request a duplicate license.
(7) if there is a change in the particulars of the driver's licence of professional competence,
local authority of the issues with extended powers, at the written request of
a new licence of professional competence of the driver. The applicant must demonstrate a change
the data and the payment of an administrative fee. The expiry date of the new
the card must match to the expiration date of the card, which is
the new ID card replaced. For the holder of a valid document, certifying the
professional requirements of the driver, issued by another Member State of the European
According to the regulation of the European communities Union ^ 6a), which was the territory of the
The United States allowed a permanent or temporary residence, or who started
to perform dependent work or business pursuant to § 46 para. 2, shall apply
These provisions apply mutatis mutandis.
(8) the holder of a certificate of professional competence of the driver is obliged to
acceptance of the new card of professional competence of the driver to surrender to the municipal
the Office of the municipality with extended competence existing licence or certificate of
loss, theft, damage or destruction of a certificate of professional competence
the driver, if he were released.
(9) the model certificate of professional competence of the driver and the confirmation of the pattern
loss, theft, damage or destruction of a certificate of professional competence
the driver lays down detailed legislation.
THE HEAD OF THE SECOND
IMPROVING THE COMPETENCE OF DRIVERS WHO HAVE LOGGED IN
REGISTER OF DRIVERS FOR THE ACTS LISTED IN POINTS SCORING
section 52d
Basic provisions
Improvement of professional competence of drivers who have logged in
Register of drivers for the acts listed in points scoring a violation of
obligations under a special legal regulation ^ 2a), means the voluntary
the participation of the driver who does not have a driver in the registry recorded more than 10 points
for the violation of law rated according to a special legal
prescription ^ 2a) less than 6 points, for the training of safe driving.
Safe driving Centre
section 52e
Permission to improve the professional competence of drivers who have
Register of drivers recorded points
(1) improving the competence of drivers, who have in the registry
drivers reported points, performs operator training centre,
which granted the Regional Office of the higher accreditation for the operation training
safe driving (hereinafter referred to as "the operator safe driving Centre").
(2) Regional Office grants a higher accreditation for the operation of training, safe
drive to the applicant on the basis of a written application, if the applicant can prove that the
and granting accreditation) has to engage in teaching and training under this
the law,
b) meets any other requirements under this Act, and
(c)) paid an administrative fee.
(3) the higher accreditation to operate a safe driving training is
non-transferable and is transferred to a legal successor.
§ 52f
Additional requirements for granting a higher accreditation for the operation training
safe driving
(1) an applicant for the granting of the higher accreditation to operate a safe training
drive must
and) have created a written plan to ensure safe driving training, in
which shall be defined by the Organization and scope of the training, including the highest number of
participants in training courses, individual learning objects and method of implementation
training,
(b)) have a list of lecturers in safe driving, which will ensure
After the start of training in safe driving instruction and training, together with their
names, surnames and professional prerequisites for teaching and training, who
1. hold a professional certificate in at least groups of driving
permissions, and, B, B + E, C, C + E and D,
2. have experience in providing instruction and training under this Act for a period of
at least 5 years and
3. have a higher vocational or higher education,
(c)) demonstrate that it has the right to use non-residential premises and equipment
necessary for the provision of training in safe driving,
d) demonstrate that it has created a control system to monitor compliance
providing training in safe driving with a plan under paragraph (a)), and
e) demonstrate that it has benefited from the training area, which is not publicly
accessible roads that can be technically training
induce different traffic situations and climatic and weather conditions.
(2) the basic technical requirements for non-residential premises and equipment according to the
paragraph 1 (b). (c)) and on the training area referred to in paragraph 1 (b). (e)),
its equipment and technical training on it, lays down the detailed
legal prescription.
§ 52 g
Obligations of the operator the safe driving Centre
(1) the operator of a safe driving Centre is obliged to
and safe driving training) to perform according to plan for the delivery of training
safe driving,
(b) ensure the implementation of training) safe driving through tutors
safe driving,
c) throughout the period of operation of its activities have the right to use
non-residential premises and equipment necessary for the provision of course safe
drive and have the following facilities and equipment all the time available,
(d)) to keep a record of keeping training in safe driving, including a list of
participants, and
e) send no later than 5 working days before the start of training, safe
list of registered participants, driving the place, date and time of commencement
safe driving training for municipal office municipality with extended competence
competent in his place of business or residence.
(2) the operator of a centre may adopt safe driving training
safe driving, which intends to attend training in safe driving
for the purpose of deducting points in the drivers ' registers, if the driver proves that it has to
date of submission of a written application for admission to the training of a maximum of 10 points in the
Register of drivers for infringements of legislation according to the rated
special legal regulation ^ 2a) less than 6 points.
(3) the operator safe driving Centre is obliged to notify
changes to the competent regional authority data decisive to the issue of higher
accreditation for the operation of training in safe driving and submit them to the
documents within 15 days of their creation.
(4) the operator of a centre shall issue to the driver a safe driving, that ended the
training in safe driving, on the date of completion of training in safe driving
confirmation of a course, training in safe driving.
(5) the specimen certificate referred to in paragraph 4 lays down detailed legislation.
§ 52 h
Withdrawal of accreditation to operate higher safe driving training
(1) the regional office shall decide on the withdrawal of the higher accreditation to operate
training in safe driving, if the operator safe driving Centre
and) repeatedly or rough way violated the obligations laid down in this
by law,
(b)) no longer meets the condition of granting a higher accreditation under section 52e
paragraph. 2 (a). a), or
(c)) asked for the withdrawal of the higher accreditation.
(2) to grant a higher accreditation to operate a safe driving training
the operator may, which was later withdrawn by the accreditation
paragraph 1 (b). ask again), regional office soon after 3
years from the effective date of the decision to withdraw the accreditation of the higher
the operation of the safe driving training.
§ 52i
Safe driving training
(1) the subject of teaching in the context of the training of safe driving is to obtain and
the deepening of the knowledge
and management theory and policy) safe and defensive driving,
(b)), the most common causes of traffic accidents and their prevention,
(c)) of the consequences of the infringement of drivers of motor vehicles,
d) prevention and emergency response in the road
roads.
(2) the subject of training in the framework of safe driving is a practical training ride
with a motor vehicle under the supervision of trainer training in safe driving
the desktop according to § 52f para. 1 (b). (e)), focused on prevention and solutions
situations, which is considerably impeded by the ability to control the vehicle, in the form of
safe and defensive driving. During and after their training done
safe driving behavior evaluation, the trainer of the driver in training. To training
may occur after the end of the teaching.
(3) Teaching safe driving training outline, the content and scope of teaching and
training, and the highest number of participants in training in safe driving down
the implementing legislation.
5) section 2 of the Act No. 262/2006 SB., labour code.
6) section 36 of Act No. 56/2001 Coll.
6a) § 230 of the Act No. 262/2006 Coll.
6B) directive of the European Parliament and of the Council 2003/59/EC of 15 December 1999.
July 2003 on the initial qualification and periodic training of drivers
some road vehicles for freight or passenger transport and amending
Council Regulation (EEC) No 3820/85 and Council Directive 91/439/EEC and the cancellation of
Council Directive 76/914/EEC. '.
13. in paragraph 53, the dot at the end of paragraph 2 is replaced by a comma and the following
the letter e), which reads as follows:
"e) are heard at first instance administrative offences within the scope of its competence
pursuant to this paragraph. ".
14. in paragraph 53, the dot at the end of paragraph 3 is replaced by a comma and the following
subparagraph (c)), and (d)), which read as follows:
"(c)) shall decide on the grant of accreditation to operate in teaching and training in the
the improvement of professional competence for the purposes of professional drivers
the competence of drivers and to grant a higher accreditation for the operation training
safe driving and the withdrawal of accreditation or higher accreditation,
(d)) dealt with at first instance administrative offences within the scope of its competence
pursuant to this paragraph. ".
15. In paragraph 53, the dot at the end of paragraph 4 is replaced by a comma and the following
the letter d), which read as follows:
"(d)) dealt with at first instance administrative offences within the scope of its competence
pursuant to this paragraph. ".
16. in § 54 para. 2 at the end of the following sentence "in the performance of the high
State supervision the Ministry to undertake activities pertaining to
State surveillance. ".
17. § 56 and 57, including the title as follows:
"§ 56
Administrative offences of legal entities and natural persons-entrepreneurs
(1) a legal entity or individual entrepreneur as an operator
driving instructor guilty of an administrative offense, by
and) contrary to section 2 driving school operates without registering to operate,
b) contrary to section 3 performs the teaching and training of persons who are not
hold a valid professional certificate,
c) contrary to section 5 does not report changes to the information and documents set out as
requirements for an application for the issue of authorisation to operate a driving school,
(d)) in contravention of section 9, conducting training to unauthorised training vehicle
(e)) will take as applicants for a driving licence of a person who does not meet the
the conditions pursuant to section 13,
f) repeatedly or seriously fails to comply with the content and scope of teaching and
the training provided for in section 20,
g) contrary to section 25 does not pass to the competent municipal office municipality with
extended jurisdiction lists of applicants to obtain a driving licence,
h) contrary to section 32 does not register the applicant, in writing, to obtain a driving
permission for the test.
(2) a legal entity or individual entrepreneur as an operator
training center of the administrative offense committed by
and) contrary to section 49 operates a training center without granted accreditation
to engage in teaching and training
b) contrary to section 51 does not do teaching and training by professional
eligible persons
c) contrary to section 51 conducting training to unauthorised training vehicle
d) contrary to section 51 does not do teaching and training, according to the schedule in order to ensure
teaching and training,
e) contrary to section 51 does not keep records of carried out teaching and training
including a list of participants,
f) contrary to section 51 has not sent within 5 working days before the start of teaching
or training in the input list and periodic training
registered participants, the place, date and time of the start of teaching or training
Municipal Council of municipality with extended powers,
g) contrary to section 51 does not notify the Regional Office of the change to the data decisive to the
accreditation to the pursuit of learning and training, and do not submit them to the
papers,
h) contrary to section 51 shall not issue without undue delay to the driver that
He completed his teaching and training, the confirmation of the scope and content of teaching and training and the
the date of their termination,
I) accepts the teaching and training of person who does not meet the conditions under section
52A.
(3) a legal entity or individual entrepreneur as an operator
safe driving Centre commits an administrative offense, by
and) contrary to section 52e operates safe driving without granting
higher accreditation to operate in teaching safe driving,
b) contrary to section 52 g does not do teaching and training in safe driving
through teachers in safe driving,
c) contrary to section 52 g does not perform safe driving training according to the schedule for
to ensure safe driving training
d) contrary to section 52 g does not keep record of keeping safe training
drive, including a list of participants,
e) contrary to section 52 g has not sent no later than 5 working days before the
safe driving training list of registered participants, the place, date and
the start time of safe driving training to the competent municipal office municipality with
extended powers,
f) contrary to section 52 g fails to notify to the competent regional authority changes
decisive for the granting of the higher accreditation to operate a safe training
drive and fails to submit documents about them,
g) contrary to section 52 g without undue delay shall not issue drivers that
He completed his training in safe driving, the confirmation of the scope and content of
the training in safe driving and safe training end date
drive, h) receives training in safe driving a person who does not meet the
conditions provided for in § 52 g.
(4) an administrative offense shall be fined
to 1 000 000 Czk), in the case of an administrative offence referred to in paragraph 1 (b). and)
(b)), d), (e)), and (f)), paragraph 2 (a). a), b), c), (d)) and i), and paragraph 3
(a). a), b) and (c)),
(b)) to 100 000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (c)), g)
and (h)), paragraph 2 (a). (e)), f) and (g)) and paragraph 3 (b). (d)), e) and (f)),
(c)) to $10,000, in the case of an administrative offence referred to in paragraph 2 (a). (h)), and
paragraph 3 (b). (g)).
§ 57
(1) a legal person for an administrative offence is not liable if he proves that
made every effort, that it was possible to require that the infringement of the
a legal obligation is prevented.
(2) in determining the amount of the fine on a legal person shall take account of the seriousness of the
the administrative offense, in particular, the way a criminal offence and its consequences, and
circumstances in which an administrative offence has been committed.
(3) the liability of a legal person for an administrative offense shall cease, if the
the competent authority has not initiated proceedings within 2 years from the date on which it
learned, but not later than 5 years from the day when it was committed.
(4) The liability for the acts, which took place in the business
person or in direct connection with it shall be subject to the provisions of this
the law on liability of legal persons and sanctions.
(5) the Fines collected and enforced by the authority which decided on administrative offence in
the first instance. Income from fines is the income budget, from which it is
covered by the activities of the authority, which imposed the fine.
(6) the penalty is due within 30 days from the date when the decision on its imposition
determined by the authority. ".
18. section 58 is repealed.
19. in paragraph 62, the words "§ 48 para. 4, § 50 para. 3 and § 51 para. 4 "
replaced by the words "§ 47 para. 6, § 48 para. 5, § 50 para. 3, § 51 para.
5, § 33 para. 8, § 52c para. 9, 52f para. 2, § 52 g of paragraph 1. 5, § 52i
paragraph. 3. "
20. Annex 2 including the footnotes # 10 and 11 read as follows:
"Appendix No. 2 to Act No. 247/2000 Coll.
Types of training vehicles for teaching and training to get the individual
the licence categories and their technical conditions
Practical training in the management of the vehicle and the test of practical driving
carried out on a vehicle which meets the requirements of the respective group or
the subgroups of a driving licence under special legislation ^ 10),
If it is not otherwise stipulated, and meeting on
and AM) for a group on a moped with a cylinder internal combustion engine
not exceeding 50 cm3 and the design speed not exceeding 45 km/h
or on a motorcycle with a cylinder capacity not exceeding 125 a combustion engine
cm3, and driving speed when training in management and practical driving
practical driving test must not exceed 45 km/h; a moped with more
than two wheels can be made up to 4 hours of training,
(b)) for the subgroup A1 motorcycle without sidecar, with a cubic
cylinder internal combustion engine exceeding 75 cm and not exceeding 125 cm and about
power not exceeding 11 kW,
(c)) for category A (limited to light motorcycles) motorcycle without
Sidecar, with a cylinder capacity of an internal combustion engine exceeding 120
cm and about the performance of more than 11 kW and not exceeding 25 kW,
(d)) for category A (unlimited) on a motorcycle without a sidecar, of a
performance of at least 35 kW;
(e)) for the subgroup B1 with a motor tricycle or quadricycle,
the design speed of at least 60 km/h,
(f)) for Group B, the čtyřkolovým motor vehicle whose design
speed is at least 100 km/h,
g) for category B + E with a combination of vehicles consisting of a motor vehicle
referred to in subparagraph (f)) and trailer about largest allowed
weight of at least 1000 kg and whose design speed of at least 100
km h-1, unless it is a combination which will entitle the management
driving license category B; trailer must be closed
box body width and height equal to at least the width and height
the motor vehicle; the closed box body may be narrower than the
motor vehicle, if the view to the rear is only possible by use of the
external rear-view mirrors of the motor vehicle. In the test of practical
drive must be instantaneous mass of the trailer of at least 800 kg,
h) for a subset of C1 with a motor vehicle the maximum permitted weight
exceeding 5000 kg, a length of at least 5 metres, whose design speed
It is at least 80 km/h; the superstructure of the vehicle shall be closed box
a body that is at least as wide and as high as the cab,
concluded a separate wardrobe, or loading area with the sail on the
built-in construction, which does not allow a view of the driver for a vehicle otherwise,
than through the side rear-view mirrors; the motor vehicle must be
equipped with an anti-lock braking system and recording equipment ^ 11),
I) for a subset of C1 + E with a combination of vehicles consisting of a motor vehicle
referred to in point (h)) and trailer about largest allowed
weight of at least 1 250 kilograms and whose design speed of at least 80
km/h; the trailer must be of the closed box body width
and a height equivalent to at least the width and height of the motor vehicle; closed
box body may be narrower than the motor vehicle provided that the view
the rear is only possible by use of the external rear-view mirrors of the motor
of the vehicle; the length of the combination thus formed must be at least 8
metres. In the test of practical driving must be instantaneous mass
the trailer at least 800 kg,
(j)) for the Group C with a motor vehicle the maximum permitted weight
at least 12 000 kilograms, a length of at least eight metres, a width of at least 2.4 meter
the design speed of at least 80 km/h; the superstructure of the vehicle shall
be a closed box body which is at least as wide and as high
as the cab, created a closed separate cabinets, or loading
area, with a tarpaulin on the built-in structure, which does not allow views
the driver of a vehicle otherwise than through the side rear-view mirrors;
the motor vehicle must be equipped with an anti-lock braking system and
recording equipment ^ 11), and with at least eight ratios
the degree of forward. In the test of practical driving must be immediate
mass of the vehicle at least 10 000 kilograms,
k) for category C + E with a combination of vehicles consisting of either a motor vehicle
referred to in subparagraph (j)) and trailer or tractor with semi-trailer,
While the maximum allowable weight of the combination is not less than 20 000
kg, length of the combination is less than 14 feet, the length of the trailer
must be at least 7.5 metres, width of the combination is not less than 2.4 m
and a design speed of at least 80 km/h. Semi-trailer must be
equipped with an anti-lock braking system and recording equipment ^ 11).
In the test of practical driving must be instantaneous mass of the combination
sets at least 15 000 kg
l) for a subset of the D1 with a motor vehicle, the maximum allowable
mass is at least 4 000 kilograms, a length of at least 5 metres and design
speed of at least 80 km/h; the motor vehicle must be equipped with
an anti-lock braking system and recording equipment ^ 11),
m) for a subset of the D1 + E sjízdní kit consisting of a motor vehicle
referred to in point (a) l) and trailer about largest allowed
weight of at least 1 250 kilograms and whose design speed of at least 80
km/h; the trailer must be of the closed box body width
at least 2 meters and a height of at least 2 meters. In the test of practical driving
instantaneous mass of the vehicle must be at least 800 kg,
n) for the Group D with a motor vehicle with a length of at least 10 m, a width of
at least 2.4 m and whose design speed of at least 80 km/h,
the motor vehicle must be equipped with an anti-lock braking system and
recording equipment ^ 11),
about) for category D + E with a combination of vehicles consisting of a motor vehicle
referred to in point (a) n) and trailer about largest allowed
weight of at least 1 250 kilograms and whose design speed of at least 80
km/h; the trailer must be of the closed box body width
at least 2 meters and a height of at least 2 meters. In the test of practical driving
must be instantaneous mass of the trailer of at least 800 kg,
p) for the group T is agricultural or forestry tractor with its own
wheel-drive that has at least two axes, to which is attached a trailer
the total weight of not less than 3 500 kg and is loaded in at least 50% of the
the payload. In the practical training in the management of vehicles in category T
It can be half the training carried out on autocvičišti or other training
area to the exclusion of the operation of the vehicle without a trailer
of the vehicle.
10) § 81 of Act No. 367/2000 Coll.
11) Council Regulation (EEC) No 3821/85 of 20 December 2002. December 1985 on the
recording equipment in road transport (OJ. L 370, 3.12.1985, p.
8), as amended. ".
21. Annex 6 shall be deleted.
Article. (II)
Transitional provisions
1. drivers who are holders of a valid certificate of professional competence
the driver on the date of entry into force of this law, shall be obliged, within 6 months
from the date of entry into force of this Act, not later than on the day of their
validity of the certificate of professional competence of the driver, to give the municipality
municipalities with expanded authority a written application for issue of a certificate of professional
the eligibility of the driver. The local authority of with extended powers, acting on
following this request, the driver license of the driver pursuant to professional competence
Act No. 247/2000 Coll., in the version in force from the date of entry into force of
of this Act.
2. the validity of the existing certificate of professional competence the driver ends
on the expiry of 12 months from the date of entry into force of this Act, not later than
However, on the day of expiration date.
3. Drivers who successfully undergo the examination referred to in the present
editing in time before the entry into force of this Act and as at the date of acquisition of the
the effectiveness of them municipal office municipality with extended powers has gone before
certificate of professional competence of the driver, issue a municipal office municipality with
extended powers of the driver's licence of professional competence under the Act
No. 247/2000 Coll., in the version in force from the date of entry into force of this
the law.
4. Drivers who have driving licences for a subset of C1 to 10.
September 2009, shall issue a municipal office municipality with extended competence on the basis of
a written request from the driver's licence of professional competence pursuant to the Act No.
247/2000 Coll., in the version in force from the date of entry into force of this Act.
5. Drivers who have driving licences in the period from the date of acquisition
the effectiveness of this law up to 10. September 2008 for D1 group and subgroup,
D1 + E, D or D + E and to 10. September 2009 for the Group and subgroup C1 + E, C
or (C) + E, shall issue a municipal office municipality with extended competence on the basis of
a written request from the driver's licence of professional competence pursuant to the Act No.
247/2000 Coll., in the version in force from the date of entry into force of this Act.
This provision shall also apply to drivers who have obtained permits
permissions for group and subgroup referred to in the first sentence to 6 months
before the date of entry into force of this Act and are not in possession of a valid
certificate of professional competence of the driver on the date of entry into force of this
the law.
6. the persons who have carried out improvement of professional competence referred to in
the current adjustments are required, if they want to engage in improvement
professional competence of drivers pursuant to Act No. 247/2000 Coll., as amended by
effective from the effective date of this Act, within one month from the date of
the effective date of this Act to apply for accreditation to
the pursuit of teaching and training according to § 49 and 50. By the time of the granting of accreditation
or the decision to refuse accreditation to persons referred to in the first sentence
consider the operator's training center, who have been granted
accreditation for the operation of the activities of the regional authority.
7. The driver will be issued a driver's licence of professional competence referred to in
points 1, 3, 4 and 5, shall be subjected to periodic training according to the law No.
247/2000 Coll., in the version in force from the date of entry into force of this Act.
The obligation to accept the input of training under this Act on them
It does not apply.
8. Training vehicles approved for teaching and training
each group affected by the existing legal
the regulations, which do not comply with the technical conditions laid down in Act No. 247/2000
Coll., in the version in force from the date of entry into force of this law, can be used to
teaching and training use until 11. October 2010, with the exception of training
vehicles for the Group and subgroup, and AM, A1, B1, B and B + E, which can be used to
teaching and training use to 1. January 1, 2009.
Article. (III)
The publication of the full text of the Act
The Prime Minister shall be empowered, in the collection of laws promulgated the full text
Law No. 247/2000 Coll. on obtaining and improving vocational
eligibility to drive motor vehicles and on changes of some acts,
as amended, as derived from the laws of it changing.
PART TWO
Amendment of the Act No. 361/2000 Coll. on road safety and on
amendments to certain laws (road traffic law), as amended by
amended
Article. (IV)
Act No. 361/2000 Coll. on road safety and on changes
Some laws (road traffic law), as amended by Act No.
60/2001 Coll., Act No. 483/2001 Coll., Act No. 62/2002 Coll., Act No.
312/2002 Coll., Act No. 320/2002 Coll., Act No. 441/2003 Coll., Act No.
53/2004 Coll., the Act No. 229/2005 Coll., Act No. 411/2005 Coll., Act No.
76/2006 Coll., Act No. 227/2006 Coll., Act No. 262/2006 Coll., Act No.
342/2006 Coll., Act No. 170/2007 Coll. and Act No 215/2007 Coll., is amended
as follows:
1. in paragraph 5, the following paragraph 3 is added:
"(3) the obligation under paragraph 1 (b). and does not apply to the driver),
consisting of a rescue vehicle, the mountain rescue service, which satisfies the conditions
established by special legislation, and is primarily intended for movement in
otherwise inaccessible terrain (snowmobiles, all-terrain vehicle), with trailer
suspension (vehicle), intended for the redeployment of injured persons or for the transport of
rescue equipment, if the use of such kits to address
incidents and their prevention and on the road
necessary. ".
2. In article 6 (1). 2 (a). (c)), after the words "the driver of the vehicle unit of fire
the protection of "the words" and the rescue vehicle, the mountain rescue service ".
3. In section 6 (1). 3 (b). (b)), after the words "in the vehicle, medical
emergency services ", the words" and the mountain rescue service ".
4. In article 6 (1). 8 (d)) including footnote 2a is repealed.
Letter e) is renumbered as paragraph (d)).
5. In paragraph 6 shall be inserted after paragraph 8, a new paragraph 9 to 11, including the
footnote No. 9a to 9 c shall be inserted:
"(9) a driver of a motor vehicle to which management authorises the driving
permission categories C, C + E, D or D + E licence, or a subcategory C1, C1 + E, D1 or
D1 + E or a driving licence recognised as equivalent, is also required to
When you have a carry card management professional competence of a driver for
the relevant group or sub-group, or a similar document issued by another
Member State of the European Union, with the exception of vehicles stipulated by special
^ Regulation 9a). Holder of a certificate of professional competence of the driver,
who undergo training in the basic input range as
special legal regulation ^ 9b), is entitled to drive a motor vehicle
categories C and C + E from the age of 21, and motor vehicle categories D and D + E from the
23 years, with the exception of the motor vehicle of a regular passenger transport, if
the route does not exceed 50 km lines. The holder of a professional competence
the driver, who undergo training in an extended range of input by
special legal regulation ^ 9b), is entitled to drive a motor vehicle
categories C and C + E from the age of 18 and motor vehicle categories D and D + E from the age of 21.
(10) License of professional competence of a driver for one of the categories or
subsets of C1, C1 + E, C or C + E shall be valid for all of these groups and
subgroup. Demonstration of professional competence of a driver for one of the groups
or subsets D1, D1 + E, D or D + E shall be valid for all of these groups and
subgroup. The age limit referred to in paragraph 9 shall remain unaffected.
(11) the obligation referred to in paragraph 9 shall not apply to the driver who is
citizen, other than a Member State of the European Union and does not perform the dependent
^ 9 c) to work for an employer established in the territory of a Member State
The European Union, or business on the territory of a Member State of the European Union.
9A) § 46 para. 3 of Act No. 247/2000 Coll.
9B) § 47 para. 3 and 4 of Act No. 247/2000 Coll.
9 c) of section 2 of Act No. 262/2006 SB., labour code. ".
Paragraphs 9 to 11 shall be renumbered as paragraphs 12 to 14.
Footnote No. 9b is referred to as a footnote
# 9 d, including links to a footnote.
6. In article 7 (2). 5, after the words "in addressing emergencies"
the words "and the mountain rescue service in emergencies".
7. in article 9, paragraph 3 is added:
"(3) the obligations referred to in paragraph 1 (b). and also does not apply to security)
Corps, the armed forces and military intelligence in the performance of their
official duties, firefighters in a vehicle fire protection and paramedic in
Mountain rescue vehicle service in resolving incidents ^ 8a)
When to use the safety belt to prevent the rapid abandonment of the vehicle,
teachers drive in training, as well as for the health care professional
emergency medical services, rescue workers or medical
the worker, the mountain rescue service, which provides the patient at the time of transport
healthcare. ".
8. In section 10, paragraph 1. 1 (b). a), the words ' a special legal
Regulation, ^ 2) ", the words" if it is not about the mount chassis
(vehicle) to the relief vehicle mountain rescue service according to § 5 para. 3. "
9. In § 83 para. 2, the first word "or" after the words "25 kW" is deleted.
10. In Section 87a at the end of paragraph 7, the words "and the drivers of vehicles
the armed forces of the United States. ".
11. in section 91 paragraph 2. 3 (b)):
"(b)) training to obtain a driving licence and a test of
professional competence by a special legal regulation ^ 4) on a motorcycle
without a sidecar on the execution of at least 35 kW. ".
12. in section 119 is at the end of paragraph 2, the period is replaced by a comma and the following
letters n) and o) are added:
"n) registration certificates of professional competence issued the driver according to the
special legal regulation ^ 4),
about) the registration certificates issued for teachers teaching and training according to the
special legal regulation ^ 4). ".
13. In article 123e paragraph the following new paragraphs 4 and 5, which
shall be added:
"(4) the competent municipal office municipality with extended powers also performs
record in the register of drivers about minus 3 points from the number of points achieved
the driver, who has filed a written application for deduction of points and
and he showed the request confirmation) completed training in safe driving in
safe driving Centre under special legislation ^ 4), which
It is not older than 1 month since submission of the application, and
(b)) had on the date of completion of training in safe driving in the Centre of the safe
drive in the registry, drivers, with more than 10 points for violations of the
legislation is typically less than 6 points.
(5) the competent authority of the flag makes a record of the
the deduction of points on the day of their training in safe driving Centre, and it
at the latest within 3 working days of the request. The competent authority of the
extended jurisdiction may make a record of the deduction of points on the drivers
upon confirmation of a course, training in safe driving only once per
calendar year. ".
The current paragraph 4 shall become paragraph 6.
14. In article 129, paragraph 1 shall be deleted and paragraphs 2 to 4,
referred to as paragraphs 1 to 3.
PART THREE
Amendment of the Act No. 634/2004 Coll., on administrative fees, as amended by
amended
Article. In
Act No 634/2004 Coll., on administrative fees, as amended by Act No.
217/2005 Coll., Act No. 228/2005 Coll., Act No. 361/2005 Coll., Act No.
361/2005 Coll., Act No 444/2005 Coll., Act No. 545/2005 Coll., Act No.
553/2005 Coll., Act No. 48/2006 Coll., Act No. 56/2006 Coll., Act No.
57/2006 Coll., Act No. 81/2006 Coll., Act No. 109/2006 Coll., Act No.
112/2006 Coll., Act No. 130/2006 Coll., Act No. 137/2006 Coll., Act No.
137/2006 Coll., Act No. 159/2006 Coll., Act No. 179/2006 Coll., Act No.
186/2006 Coll., Act No 215/2006 Coll., Act No. 227/2006 Coll., Act No.
227/2006 Coll., Act No. 235/2006 Coll., Act No. 309/2006 Coll., Act No.
575/2006 Coll., Act No. 106/2007 Coll., Act No. 261/2007 Coll. and act
No 269/2007 Coll., is amended as follows:
Item # 28 of the annex to law No. 634/2004 Coll., on administrative fees,
is amended as follows:
1. the Letter g) and (h)), including footnotes # 30a and 30b:
"(g) the issue of a certificate of professional competence)
driver ^ 30a)-$ 200
h) receipt of exam on
conclusion input training ^ 30b) $700
30A) § 52c para. 1, 6 and 7 of Act No. 247/2000 Coll.
30B) § 33 para. 1 of Act No. 247/2000 Coll. ".
2. in point (h)), the following points i) and (j)), including notes below
line # 30 c and 30 d are inserted:
"i) accreditation to the operation instruction
and training in the context of the improvement of vocational
eligibility for the purposes of professional drivers
the competence of drivers ^ 30 c) EUR 3 000
j) grant a higher accreditation to operate
safe driving training ^ 30 d) EUR 3 000
30 c) § 49 paragraph 1. 2 Act No. 247/2000 Coll.
30 d) section 52e para. 2 Act No. 247/2000 Coll. ".
PART FOUR
Amendment of the Act No 111/1994 Coll. on road traffic, as amended
the laws of the
Article. (VI)
In § 9 para. 2 of law No 111/1994 Coll. on road traffic, as amended by
Act No. 305/1997 Coll. and Act No 150/2000 Coll., the letter d) is added:
"d) driver in international freight transport, if it operates
goods vehicle with a total weight of more than 7.5 tonnes,
only a person of unblemished ^ 5), before embarking on the exercise of the activity
the driver of at least two years worked as a lorry driver for
the total weight of more than 3.5 tonnes or as a bus driver, ".
PART FIVE
The EFFECTIVENESS of the
Article. (VII)
This Act shall take effect on 1 January 2000. April 2008, with the exception of the provisions
section 52d-52i, § 56 para. 3 of Act No. 247/2000 Coll. and section 123e para. 4 and 5
Act No. 361/2000 Coll., which will become effective on 1 January 2004. September 2008.
Vaidya in the r.
Klaus r.
Topolanek in r.
