269/2012 Sb.
DECREE
of 26 March. July 2012
amending the Decree of the Ministry of transport and communications No. 478/2000 Coll.
implementing the law on road transport, as amended
legislation and Regulation No. 522/2006 Coll., on State specialized supervision and
checks in road transport, as amended by Decree No. 39/2010 Sb.
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. 38/1995 Coll., Act No. 304/1997
Coll., Act No. 132/2000 Coll., Act No. 150/2000 Coll., Act No. 361/2000
Coll., Act No. 175/2002 Coll., Act No. 320/2002 Coll., Act No. 577/2002
Coll., Act No. 103/2004 Coll., Act No. 186/2004 Coll., Act No. 1/2005
Coll., Act No. 229/2005 Coll., Act No. 251/2005 Coll., Act No. 411/2005
Coll., Act No. 227/2006 Coll., Act No. 374/2007 Coll., Act No. 124/2008
Coll., Act No. 130/2008 Coll., Act No. 250/2008 Coll., Act No. 274/2008
Coll., Act No. 227/2009 Coll., Act No. 281/2009 Coll., Act No. 194/2010
Coll. and Act No. 119/2012:
PART THE FIRST
Amendment to Decree No. 479/2000 Coll., as amended
Article. (I)
Decree of the Ministry of transport and communications No. 478/2000 Coll., which
carries out the law on road transport, as amended by Decree No 55/2003 Coll. and
Decree No. 281/2007 Coll., is amended as follows:
1. the title of section 1 shall read:
"A way of keeping a record of the time driving, safety
breaks and rest time for transportation, which are covered by the international
the contract, which is part of the legal order of the ^ 2)
(Section 3 of the Act) ".
2. the heading of section 1a is added:
"A way of keeping a record of the time driving, safety
breaks and rest time for transport, which are not directly related
applicable regulation the European Union ^ 3) or the international treaty, which is
part of the legal order of the ^ 2), and for the transport operations referred to in article 13(2). 1 and
Article 14 of the regulation directly applicable European Union ^ 3)
(Section 3 of the Act) ".
3. In section 1a, the following paragraph 5 is added:
"(5) in the national public line passenger transport, for which the length of the
None of the connections does not exceed 50 km, the carrier may result in simplified
a record of the time of the driving, safety breaks and time
rest, in which the driver shall indicate the shortfall of the actual transport performance
from the model of the vehicle record, security breaks
and rest time, processed in the national public regular services
in response to the approved timetable. In the case of simplified management
a record of the time driving, safety breaks and time
rest on the vehicle, the available sample record of time
driving, safety breaks and rest period to which
in the simplified record time driving, safety
breaks and rest period the driver points. ".
4. the heading of section 1b:
"A way of keeping a record of the time driving, safety
breaks and rest
(Section 3 of the Act) ".
5. In paragraph 1b, paragraphs 3 to 5 shall be deleted.
6. In the heading of section 2, the words "§ 3 (1). 2 and to "be deleted and the words" section 21
paragraph 1., the words "and 3".
7. § 4 to 6, including the headings are deleted.
8. section 8 to 10 including the following titles:
"The competence of the
(Section 8a of the Act)
§ 8
How to fold the test
(1) dates of tests provides the transport authority.
(2) the examination Board shall be decided by voting. The decision is taken,
If the vote for him most of the members of the examination Board.
(3) before the start of the tests the examining board verifies the identity of the
tested in accordance with his identity document. If the test does not prove its
the identity of the test cannot perform.
(4) during the test, you cannot use such things, the use of
during the test, it would be contrary to its purpose. The test, which
such things used or distort the course of the test, a test of the Commission of
tests rule out and will do about it recording to the log on during the test.
(5) during the test, a part of the Protocol are
and) the name or name, surname, date of birth and address of the place of
permanent residence or habitual residence of each test,
(b)) the start and end time for each test, the test
c) submitted written tests and case studies including their scatter
evaluation,
(d)) for each test result under test and
e) name, surname and the signatures of all the members of the examination Board.
§ 9
Reviews tests
(1) exam consists of 2 parts, namely test and case study.
(2) Test is made up of a total of 60 issues to include questions of
each scope referred to in point I of annex I to the regulation of the European
Parliament and of the Council (EC) no 1071/2009 of 21 October 2003. October 2009 laying
establishing common rules concerning the conditions for the exercise of
the profession of entrepreneur in road transport and repealing Council directive
96/26/EC. From each of the domains referred to in points (A), (C), (F) and (G) of annex I,
(I) European Parliament and Council Regulation (EC) no 1071/2009 must
the test consist of 10 questions, with the correct answer to each of these
questions will be evaluated 2 points. Of the remaining fields must contain a test
a total of 20 questions, with the correct answer to each of these questions
will be evaluated by 1 point. In total, the test can be used to reach a maximum of 100 points,
the composition of the test to succeed, you must achieve at least 50% of the total
possible number of points.
(3) in case studies evaluating the accuracy and completeness of the examination Committee
its processing by assigning points in the range of 0 to 100 points. To successfully
the composition of this part of the exam, you must achieve at least 50% of the total
possible number of points.
(4) the result of the test shall be assessed by grade of "pass" or
"failed". The tests passed the test, which has passed the test, and
case study and has reached at least 60% of the total possible number of points
for the test, and the case study. Test excluded from tests in accordance with § 8
paragraph. 4 evaluate the grade of "fail".
§ 10
Repeating the test
(1) in the event that the test for the test to succeed, the entire exam
repeat at any time.
(2) in the event that the test for the test to succeed, however, in parts of the examination
reached at least 50% of the total possible number of points, only repeat the
the remaining part of the test, but not later than 6 months from the date of
unsuccessfully consisted exam. After this time, you can repeat only
the entire exam.
(3) Test, which reached for both parts of the test for at least 50% of the
the total possible number of points, but did not reach 60% of the total possible
the number of points for both parts of the test, the test is repeated so that his choice,
that part of the test will be repeated. This way you can repeat an exam
not later than 6 months from the date of the test as follows unsuccessfully consisted
exam. After this time, you can repeat the whole test only. ".
9. in section 11 (1) 1 the words "competent to issue opinions on the
concession "are deleted.
10. In section 11 (1) 5, the words "the competent to issue opinions on the
concession "are deleted.
11. In article 11 (1) 6 (a). (c)), the words "to issue opinions on concession"
shall be deleted and the words ' permanent residence ' shall be replaced by the word "business".
12. In the heading of paragraph 12, the words "§ 9 para. 1 and to "be deleted.
13. in paragraph 13 (b). (d)), the number "2" is replaced with "1".
14. in article 15, the following new section 15a, which including the title reads as follows:
"The essentials of record order
section 15a
(To section 21b (2) of the Act)
Order record contains
and) name, surname or trade name or name instead
business or residence, and the identification number of the person in
occasional passenger road transport,
(b) the registration number of the order)
(c)) date and time of the order,
(d)) name, surname and signature of the person who accepted your order,
(e)) first and last name, address and identification number of the person if
been assigned, if the purchaser is a natural person, or company,
where appropriate, the name, address and identification number of the person, if it was
granted, if the client is a legal entity,
(f) the date and time of transport),
(g) the place of departure and destination), transport and
(h)) first and last name, or a different definition of the persons carried; ".
15. Section 23a is added:
"§ 23a
(To § 34 d (6) of the Act)
(1) traffic Office writes data and their changes directly in the register
entrepreneurs in the road transport sector in the form of electronic data registration, or
their changes.
(2) transport authority writes data and changes in the register of entrepreneurs
in road transport, no later than 10 working days from the date of
the obligation to write or update data know. ".
16. section 24 is repealed.
17. Annexes 1 and 3 shall be deleted.
18. The existing annex No. 2 is renumbered as annex 1.
PART TWO
Amendment to Act No. 522/2006 Coll., as amended by Decree No. 39/2010 Sb.
Article. (II)
Decree No. 522/2006 Coll., on State specialized supervision and checks in
road transport, as amended by Decree No. 39/2010 Coll., shall be amended as follows:
1. In article 6 (1). 1 the words "traffic authority" shall be replaced by "control
the authority ".
2. in article 7, the following paragraph 7a is inserted:
"§ 7a
(To section 38a, paragraph 4, of the Act)
(1) Confirmation for the prevention of Pattern in driving the use of technical means
or on the detention of the vehicle documents and documents related to by
transport is given in annex 9.
(2) the acknowledgement of receipt of the deposit Model is given in annex No 10. ".
3. In § 8 para. 1 the words "traffic authority" shall be replaced by "control
the authority ".
4. Annex No 6 including the title reads as follows:
' Annex No 6 to Decree No 522/2006 Sb.
The number and amount of fines imposed by the Office of transport by a final decision
in the administrative procedure
5. After annex 8 shall be added to annex No. 9 and 10, including
the headings are added:
"Annex 9 to Decree No 522/2006 Sb.
Lessons
(§ 35d of the Act No. 111/1994 Coll. on road traffic)
§ 35d
Avoid driving
(1) if the authority of the police of the Czech Republic or the Customs Office authorized to choose
bail pursuant to § 35 c and the driver fails to challenge the bail, the police authority
The Czech Republic or the Customs Office to the driver, which for this purpose shall represent the
the carrier, a ride to the nearest place that is in terms of safety and
the flow of traffic on roads suitable for weaning
the vehicle, and
and his driving) prevent the use of technical means to prevent the
the departure of the vehicle (hereinafter referred to as "technical resource"), or
(b)) disables continue driving and drivers shall detain the vehicle documents and
documents related to shipments being performed.
(2) the costs associated with the driving of the vehicle to the place of cessation, costs
associated with the parking and the costs of prevention in the vehicle shall be charged to
of the carrier. The liability of the carrier for the vehicle, the load and persons carried
his putting is not affected.
(3) the procedure referred to in paragraph 1 shall instruct the authority of the police of the Czech Republic
or the Office of the driver of the vehicle or the refund of the conditions of release
seized documents and issues in 4 copies of certificate of prevention in
driving the use of technical means, or on the detention of the vehicle documents
and documents related to shipments being performed. The acknowledgement shall state the reason
avoid driving or retention of documents to a vehicle and documents
by transport-related, the reason for the imposition of deposit and its amount and
administrative authority competent to conduct proceedings on administrative tort.
(4) the authority of the police of the Czech Republic or the customs authority shall forward copy 1
the confirmation referred to in paragraph 3 and the 2 copies of the drivers along with the bailouts and
Protocol on the control results no later than 2 working days after
a deposit of the administrative authority which is competent to conduct proceedings on
the administrative tort. If the deposit is not made up to 72 hours of detection
violation of, to the competent authority the conduct of the procedure of administrative
together with proof of the offence to avoid driving and the Protocol on the
the results of the checks sent to you and the vehicle documents and papers related to the
carried out by the transport.
(5) the authority of the police of the Czech Republic or the Customs Office shall without delay
the release of the vehicle or the authority of the police of the Czech Republic, the Customs office or
the administrative authority shall ensure that it shall immediately return the documents to the vehicle and documents
related to transport being performed, if
and was composed of the deposit authority) of the police of the Czech Republic or of the customs
the Office,
(b)), the administrative authority which is competent to conduct proceedings on administrative tort
under this Act, on the basis of documents transmitted did not find reasons to
the initiation of administrative proceedings of an administrative offense,
c) administrative administrative offence under this Act has been
finally stopped, or
(d)) has been paid the fine and costs imposed in administrative proceedings on the
administrative offence under this Act.
Annex No. 10 Decree No. 522/2006 Sb.
Lessons
(§ 35 c and 35f Act No. 111/1994 Coll. on road traffic)
§ 35 c
The collection of deposits
(1) the authorities of the police of the Czech Republic or of the Customs authorities are in the implementation
checks and professional supervision of the State under this Act shall be entitled to
Choose from bail ranging from $ 5,000 to $ 100 000 from the carrier, which is
suspected of having committed the administrative offence under this Act, and
reasonable grounds for believing that it will steer clear of administrative offence, or that the
would the eventual recovery of the fine imposed has been associated with unfair
costs, if applicable, was not at all possible.
(2) when selecting the deposit police authorities of the Czech Republic or of the Customs authorities
instruct the driver who for the purpose of collecting a security deposit shall be represented by the carrier,
as a result of selecting the deposit and shall issue in 4 copies
and) written confirmation of receipt of the deposit, which must include the reason for
Save the deposit, the amount and the administrative authority which is competent to conduct
management of the administrative offence, and
(b)) the Protocol on the scan results.
(3) the authority of the police of the Czech Republic or the customs authority shall forward copy 1
acknowledgement of receipt of the deposit and the protocol drivers and 2 copies together with the
bond not later than 2 business days to the administrative authority, which is
competent to conduct proceedings on administrative tort.
§ 35f
Returning, confiscating and setting off the security deposit
(1) the deposit is returned in full if
and) the administrative authority did not find grounds for initiating the procedure for administrative
offence under this Act, or
(b) the administrative offence proceedings) under this Act were
stopped.
(2) if in proceedings for an administrative offence under this Act is saved
the fine and the obligation of the carrier to cover the costs of the proceedings, the decision of the administrative
netting authority composed of the deposit for payment of the fine and costs
control. If the selected deposit greater than the fine and costs,
Returns the portion of the deposit remaining carriers after setting off the security deposit to pay
fines and costs.
(3) if the administrative authority finds grounds for initiating the procedure for
administrative offence under this Act, it shall notify without undue
delay of the carrier and ask him to convey the necessary information about the Bank
the account to which you can return the bail. Bail or the remaining portion by
paragraphs 1 and 2 of the administrative authority with jurisdiction at first instance
Returns to the carrier, and it
and) within 15 working days of the effective date of the decision, if he
they were at the date of acquisition of the decision known to the needed data on the
bank account to which you can return the security deposit, or
(b)) within 15 working days from the date when the carrier shall notify this
the Administrative Department with the necessary bank account information that you can bail
return.
(4) the deposit will be forfeited if the carrier fails to communicate to the transportation Office within 1 year
from the date of despatch of the call or judgment necessary information about
bank account to which you can return the security deposit or a part thereof. ".
PART THREE
The EFFECTIVENESS of the
Article. (III)
This Decree shall take effect on the 15th day after the date of its publication in the
with the exception of article. (I) sections 13, 16, 17, 18 and article. (II) point 5, which shall take
effect on the first day of the second calendar month following the date on
publication.
Minister:
Mgr. Katja in r.
