39/2010 Sb.
DECREE
of 29 April 2004. January 2010,
amending Decree No 522/2006 Coll., on State specialized supervision and
checks in road transport
The Department of transportation shall determine pursuant to § 41 para. 2 of law No 111/1994 Coll.
on road transport, as amended by Act No 304/1997 Coll., Act No. 150/2000
Coll., Act No. 103/2004 Coll., the Act No. 229/2005 Coll., Act No. 227/2006
Coll. (hereinafter the "Act") to implement section 34 para. 1 and § 38 paragraph 1(a). 3
the law:
Article. (I)
Decree No. 522/2006 Coll., on State specialized supervision and checks in
road transport, is hereby amended as follows:
1. § 1, including footnotes 2 and 2a) reads as follows:
"§ 1
This Decree incorporates the relevant provisions of the European communities ^ 2)
and further to a European Community regulation directly applicable ^ 2a)
modifies the uniform procedures, system and subject of the checks and the State
professional supervision in road transport (hereinafter referred to as "control") and lays down
pattern memory control card.
2) European Parliament and Council Directive 2006/22/EC on minimum
conditions for the implementation of Council Regulation (EEC) No 3820/85 and (EEC) No.
3821/85 concerning social legislation relating to activities in the
road transport activities and repealing Directive
Council 88/599/EEC. Commission Directive 2004/112/EC, adapting
technical progress Council Directive 95/50/EC on uniform procedures for
control on the carriage of dangerous goods.
Commission directive 2009/4/EC on the countermeasures on preventing and detecting
tampering with the tachograph records, amending the directive of the European
Parliament and Council Directive 2006/22/EC on minimum conditions for the implementation of
Council Regulation (EEC) No 3820/85 and (EEC) No 3821/85 of the regulations in the
the social field relating to road transport activities and repealing
Council Directive 88/599/EEC.
Commission directive 2009/5/EC amending Annex III to Directive
European Parliament and Council Directive 2006/22/EC on minimum conditions for the
the implementation of Council Regulation (EEC) No 3820/85 and (EEC) No 3821/85 on the
social legislation relating to activities in the road
transport.
2A) Commission decision 2009/821/EC, laying down a uniform form
the reports referred to in article 17 of Regulation (EC) No 561/2006 ".
2. In article 2 (2). 2 (a). a) after the word "Ordinance", the words "and
the device for checking the digital signature, based on directly applicable
Regulation of the European communities ^ 3a), connected to the data along with
software for authentication and digital signature checking, as well as
for a copy of a detailed profile of the speeding cars before checking
their recording equipment ".
Footnote 3a):
"3a) Council Regulation (EEC) No 3821/85 of 20 December 2002. December 1985 on the
recording equipment in road transport, as amended,
Annex IB, chapter I, point (a). r).“.
3. In paragraph 3, at the end of paragraph 1, the period is replaced by a comma and the following
the letters f) and (g)), which read as follows:
"(f)) the proper functioning of the recording equipment, in particular on the determination of whether the
There is no abuse of the recording equipment, the driver card or
the record sheets,
(g) installation of the appliance or revelation) the use of such instruments,
that could destroy, delete, or modify data or speed
transmission, or a unit that has to intervene in the electronic
data transfer between components of the recording equipment ".
4. in section 5, paragraph 1 reads:
"(1) the control authority shall carry out checks at the premises of the carrier always
and when you detect a breach of duty), which falls in the Group F, G 1 to G
10, in accordance with Annex I or J # 8 to this Ordinance, and if it is
classified as very serious, or
(b)) when it detects a breach of duties which fall within groups B, C, or
(D) in accordance with Annex 8 to this Ordinance, are classified as very
fatal and if at the same time was found in the carrier repeatedly. ".
5. In section 5, paragraph 1, the following paragraph 2 is added:
"(2) in the event of breach of duties other than those referred to in paragraph 1
performs the inspection authority control in the establishment of the carrier, if required
the number and severity of infringements detected listed in annex 8 to this
Ordinance. ".
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
6. Appendix 2 is added:
"Annex 2 to the Decree No 522/2006 Sb.
BREACH OF DUTIES BY FOREIGN CARRIERS ON THE TERRITORY OF THE CZECH REPUBLIC AND
THE PENALTIES IMPOSED
7. Appendix 3:
"Appendix No. 3 to Decree No. 522/2006 Sb.
1.
ROADSIDE CHECKS
1.1.
The number of vehicles stopped for roadside check by type
the road and the country of registration of the vehicle, with a defect
1.2. The number of drivers checked at the roadside by country of registration
the vehicle and the main type of transport, it is a defect
1.3. The number of working days checked at the roadside as drivers
the main type of transport and country of registration of the vehicle, with a defect
1.4. Number of vehicles according to the type of tachograph
1.5. Number of foreign carriers operating cabotage
1.6. Control of transport of dangerous goods
1.7. Violation of-the number and type of infringement discovered on roads
(N-regulation of by-law No 111/1994 Coll.)
2.
CHECKS AT THE PREMISES OF UNDERTAKINGS
2.1. Number of drivers and the number of working
days of the drivers at the premises, with a defect
2.2. infringement-the number and type of infringements detected in the premises of the
carriers
(N-regulation of by-law No 111/1994 Coll.)
2.3. Number of transport undertakings and drivers according to the size of the fleet.
the Park of the carrier
2.4. Control of transport of dangerous goods
8. Appendix 5:
' Annex No. 5 to Ordinance No. 522/2006 Sb.
MEASURES TAKEN AGAINST THE DOMESTIC CARRIERS, WHO HAVE VIOLATED THE OBLIGATION IN
OTHER MEMBER STATES
9. Appendix 8:
"Appendix 8 to the notice No. 522/2006 Sb.
1. The Group of infringements of Regulation (EC) No 561/2006
2. the Group of infringements of Regulation (EEC) No 3821/85
Article. (II)
The effectiveness of the
This Decree shall enter into force on the fifteenth day of the calendar month
following the date of its publication.
Minister:
Ing. Slamečka, MBA, in r.
