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Change On Road Safety And The Amendment Of Certain Other Acts

Original Language Title: změna z. o pozemních komunikacích a změna některých dalších zákonů

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152/2007 Sb.



LAW



of 28 June. April 2011,



amending Act No. 13/1997 Coll. on road traffic, as amended by

amended, and other related 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. and Act No. 347/2009 Coll., is amended

as follows:



1. in the introductory part of paragraph 1 of the provision reads: "this law incorporates the relevant

European Union regulations ^ 1) and edits ".



2. Footnote 1 is added:



"1) European Parliament and Council Directive 1999/62/EC of 17 May 1999. June

1999 on charging for the use of certain infrastructures heavy

goods vehicles.



European Parliament and Council Directive 2006/38/EC of 17 May 1999. may

2006 amending Directive 1999/62/EC on charging for the use

certain roads by heavy goods vehicles.



European Parliament and Council Directive 2004/54/EC of 29 April 2004. April 2004

on minimum safety requirements for tunnels in the trans-European

the road network.



European Parliament and Council Directive 2004/52/EC of 29 April 2004. April 2004

on the interoperability of electronic road toll systems in the

The community.



European Parliament and Council Directive 2008/96/EC of 19 June 2000. November

2008 on road infrastructure safety management. ".



3. In paragraph 7, at the end of paragraph 1, the following sentence "to modify or restrict

public access to the special-purpose communication laid down by a specific legislative

^ 21) regulations is not affected. "



Footnote 21 reads as follows:



"21) for example, section 20 (2). 1 (b). (j)) of law no 289/1995 Coll., on forests and

amending and supplementing certain laws (forest law), § 16 para. 1 (b).

(d)), and (f)), § 26 para. 1 (b). (c)), § 26 para. 3 (b). (c)), section 29 (b). (h))

Act No. 114/1992 Coll., on nature and landscape protection ".



4. in § 9 para. 2 and 3, section 18e (b). m) and (n)), § 40 paragraph 2. 1 and 2, para. 3

(a). (c)), and (d)) and paragraph 2. 4 (b). and) and § 41 para. 1 the words "and communications"

shall be deleted.



5. In section 18e of the letter g) repealed.



Subparagraph (h)) to r) shall become letters (g)) to (p)).



6. For the part of the fourth part five shall be inserted, which including headings and

footnote No 22 to 24:



"PART FIVE



THE SAFETY OF ROAD INFRASTRUCTURE TRANS-EUROPEAN ROAD NETWORK



§ 18 g



Assessment of the building and its documentation



(1) a person who applies for the issue of a building permit or the release

certificate of occupancy for the building of infrastructure which is included

the trans-European road network ^ 22) is required to ensure that an assessment of the

documentation by the specific provisions on territorial planning and building

order ^ 5), and the building itself in terms of ensuring road safety

operation with the use of the building (hereinafter referred to as "road safety audit

communications ").



(2) the audit of the safety of road infrastructure referred to in paragraph 1 shall be subject to



and design documentation project)



(b)) a draft project documents,



(c) building for test) made the operation and



d) edifice for the final.



(3) as a result of the audit of the safety of road infrastructure is a message that

contains, in particular, a summary description of the anticipated impacts of the construction,

technical and operational characteristics of road safety

road traffic in its use, and proposals to eliminate or

the reduction of the risks involved, which result from the properties of the ground

communication for road users. The person referred to in paragraph 1

accompany the report assessing whether and how to comply with the proposals

contained in the message, and in the case of proposals that failed, stating the reasons for their

non-acceptance.



(4) a person referred to in paragraph 1 shall transmit to the Special building Office to

requests for extradition



and building permit report and) the evaluation of the proposals dossiers referred to in

paragraph 2 (a). a) and b), and



(b)) of occupancy for the building and the evaluation report referred to in paragraph 2

(a). (c)), and (d)).



(5) in the building permit for the construction of the infrastructures referred to in paragraph

1 special construction Office stores perform trial run according to

specific provisions on territorial planning and building code ^ 5).



(6) Special construction Office in construction management and in the procedure for issuing

under the specific legislation of occupancy of the land use planning and

building code ^ 5) verifies that the submitted report and evaluation referred to in

paragraph 4 is complete and whether the message has been handled by a person qualified to do so.



(7) when processing the audit taking into account in particular the impact around the ground

communication, influence and accessories of the infrastructure and its

connection to other roads, and the influence of the operational character of the

road safety operation on this road.

The minimum content of audit security infrastructure provides

the implementing legislation.



§ 18 h



Road safety auditor



(1) to audit the safety of road infrastructure and process

report on the results of the audit, according to § 18 g of paragraph 1. 3 only a natural person may, with the

a valid permission (hereinafter referred to as "road safety auditor

communications ").



(2) the authorisation referred to in paragraph 1 shall issue at the request of the Ministry of transport

an applicant who is blameless and demonstrated competence in

audit of the safety of road infrastructure.



(3) the Department of transportation shall publish in a way allowing remote access

the list of names and last names, identification numbers and addresses of the person or place

business road safety auditors who are

holding a valid certificate, and update it regularly.



(4) For integrity in accordance with paragraph 2 shall be considered as the one who was

convicted for a crime committed intentionally, whether separately

or overlapping with other crimes, and was saved by an unconditional

a term of imprisonment of at least one year.



(5) in order to determine whether the applicant is of integrity, the Ministry's

transport requests under special legislation ^ 23) extract from the register

Criminal records. An application for a statement of convictions, and

an extract from the criminal register shall be communicated in electronic form, and

This way allowing remote access.



section 18i



The competence of the



(1) competence is demonstrated by the applicant



and graduation) Bachelor, master or doctoral degree

^ 24) programme in the field of technical sciences and technologies or terminated

higher vocational education or secondary education with GCSE

in the fields related to the implementation of road safety audit

communications,



b) experience in the field of road safety in the length of



1.3 years if he graduated from Bachelor's, master's or doctoral

degree program ^ 24),



2.4 years if he graduated from higher professional education, or



3.5 years, if graduated from secondary education to GCSE, and



(c) successful completion of the exam.)



(2) the test involves checking the knowledge needed to carry out the audit in the

scope according to § 18 g of paragraph 1. 7. The test consists of the applicant before the Commission

appointed by the Ministry of transport. The Commission must be at least three members and

have an odd number of members. The Chairman of the Commission, the employee must be qualified to

work in the Ministry of transport. About the result of the test shall be drawn up by the Commission

the Protocol that the President shall transmit without delay to the Ministry

transport and shall notify the applicant of the results of the test.



(3) the exam may only be an applicant who received training for

obtain the necessary knowledge, skills, and procedures for the implementation of the audit

safety of road infrastructure within the scope according to § 18 g of paragraph 1. 7.



(4) Implementing legislation sets out the scope, content and method of implementation

the tests, method of evaluation of the test results, the scope and content of the training and

scopes related to the audit of the safety of road infrastructure.



§ 18j



The obligations of the road safety auditor



(1) the Auditor of a security infrastructure must not perform audit

road safety for construction of road infrastructure, the

the preparation or the implementation, involved or participated in should participate in itself

or



and his relative in a row) direct, sibling, spouse or partner, or



(b)) the person with whom it is



1. as a companion, a member of the organs of the company, cooperative or

as a participant of the Association,



2. in the basic employment relationship, or



3. in respect of trade or other similar and this relationship could compromise the

the auditor's independence or impartiality of the safety of road infrastructure.



(2) road safety Auditor is obliged to follow

the audit of the safety of road infrastructure and the copies of the report referred to in section 18 g

paragraph. 3 impartially and with due professional care.



(3) road safety Auditor is obliged the Ministry of

transport to communicate that no longer meets the condition of integrity under section 18 h

paragraph. 4, without undue delay, then, what about this fact.




(4) road safety Auditor is obliged to participate in the

periodic training, which is maintaining and deepening

required knowledge, skills, and procedures for the implementation of the audit

safety of road infrastructure. Periodic training, auditor

safety of road infrastructure will attend the end of the third year from the date of



and the issue of permits) according to § 18 para. 1, or



(b)) the venue of the previous periodic training.



(5) the scope and content of the periodic training lays down detailed legal

prescription.



§ 18 k



The withdrawal of authorisation for road safety auditor



(1) the Department of transportation shall withdraw an authorization pursuant to § 18 para. 1 auditing

safety of road infrastructure, which



and) ceased to be blameless,



(b)) or gross breach repeatedly the obligations pursuant to § paragraph 18j

1 or 2,



(c)) did not participate in the regular training under § 18j para. 4, or



(d)) of the withdrawal requested.



(2) road safety Auditor, which authorization was

withdrawn pursuant to paragraph 1. (b)), may on the issue of a new permit

apply after 3 years from the date on which the decision of the

withdrawal of authorisations.



§ 18 l



Accreditation to provide training



(1) the training referred to in section 18i para. 3 and § 18j para. 4 can only provide

the person that has been granted accreditation to operate this business

The Ministry of transport.



(2) the accreditation of the Ministry of transport shall be granted to the person who has submitted evidence that



and) has created a plan for the delivery of training, in which shall be defined by the Organization,

the scope and method of training, including,



(b)) training will be handled by competent persons who have

completed education pursuant to section 18i para. 2 (a). and) and 5 years experience in the field

assessment of the safety of road infrastructure,



(c)) has the right to use non-residential premises and equipment necessary for the

providing training and



d) Ministry of transport paid an administrative fee.



(3) a person that has been granted accreditation to provide training, it is

required to



and by the training) schedule



(b) ensure the training of competent) persons and



(c)) have throughout the pursuit of its business the right to use

non-residential premises and equipment necessary for the provision of training and have

These facilities and equipment all the time available.



(4) the Department of transportation shall withdraw accreditation for the provision of training to the person

who repeatedly or rough way infringed the obligations referred to in paragraph

3.



(5) the Department of transportation shall publish in a way allowing remote access

the list of names and last names, or the names of business firms, identifying

numbers of the person and the seats or places of business people, which has granted

accreditation and regularly update it.



§ 18 m



Road Tour



(1) the owner of the infrastructure according to § 18 g of paragraph 1. 1, whose stretch is

included in the central register of infrastructure in accordance with § 29 para. 1

(a). (e)), it shall, without undue delay, perform the inspection of this

the section. The tour will focus on impact assessment in particular of construction,

technical and operational characteristics of road safety

terrestrial communications.



(2) the inspection must be carried out by a group of at least 3 individuals, from

which at least one must be a road safety auditor

communications.



(3) the auditor's report on the activities of the safety of road infrastructure in the implementation

Tours section 18j para. 1 and 2 shall apply by analogy.



(4) after their tours of the processes of land safety auditor

communication on the results of examinations of, inter alia, a description of the

identified risks and proposals for remedial action, including the sequence

their implementation. When processing the message of road safety auditor

communications will take into account the content of previous reports on the results of inspections

a section of road under consideration, if they have been processed, and the data on the

traffic accidents on a stretch of road under consideration. Before

the processing of reports, the auditor will discuss road safety

its contents with the owner of the infrastructure concerned.



(5) a report on the results of the examinations, the auditor shall transmit to the safety ground

communications to the owner of the infrastructure concerned.



(6) in the care of the road, according to § 9 para. 4 the owner shall ensure that

implementation of corrective measures referred to in the report, if it is

technically possible and economically viable while ensuring proper care for the network

infrastructure in its ownership and its planned development.

Provisions of the special law does not affect the ^ 3).



22) European Parliament and Council Decision No 1692/96/EC of 23 December 2003.

July 1996 on Community guidelines for the development of the trans-European

the transport network. Point (F) of section 8 of annex II to the Act concerning the conditions of

the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus,

The Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of

Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the

adjustments to the treaties on which the European Union is founded.



23) Act No. 266/1994 Coll., on criminal records, as amended

regulations.



24) Act No. 111/1998 Coll., on universities and amending and supplementing

other laws (law on higher education), as amended

regulations. ".



The present part of the fifth through eighth are referred to as part of the sixth to ninth.



7. Footnote 9 is added:



"9) Act No. 564/1990 Coll., on local charges, as amended

regulations.



section 20 (2). 1 (b). (j)) of law no 289/1995 Coll., on forests and on the amendment and

certain laws (forest law).



§ 16 para. 1 (b). (d)), and (f)), § 26 para. 1 (b). (c)), § 26 para. 3 (b).

(c)), section 29 (b). h) Act No. 114/1992 Coll., on the protection of nature and the

landscape. ".



8. In section 20 (2). 4 and § 21 c of paragraph 1. 6, the words "the national budget"

replaced by the words "the State Fund of transport infrastructure".



9. in section 20a para. 1 (b). and (3) the words) "up to 3" shall be replaced by the words "and

2. "



10. in section 20a para. 1, the following point (e)) the following points (f) and (g))),

that including the footnotes # 25 and 26:



"(f) municipal or city police) bearing the inscription" MUNICIPAL POLICE "or

"Metropolitan police" ^ 25),



(g)) of the prison service of the Czech Republic with a special colour

designation under a special legal regulation ^ 26),



25) Decree No. 418/2008 Coll., with municipal police act performs.



26) Decree No. 89/2004 Coll., laying down the outer tag

a member of the prison service of the Czech Republic, special color design

and the designation of official vehicles and demonstrating competence to Prison

service of the Czech Republic, as amended. ".



Subparagraph (f)) to (j)) are known as the letters h) to (l)).



11. in section 20a para. 1 the letter j) including footnote No 11 c) is added:



"(j)) in the implementation of rescue and liquidation work and protect

^ population 11 c),



11 c) Act No. 239/2000 Coll., on the integrated rescue system and amending

certain acts, as amended.



Act No. 240/2000 Coll., on crisis management and amending certain acts

(emergency law), as amended. ".



12. in section 22 para. 2, after the words "the emission class of the vehicle," the words

"type of vehicle".



13. in section 22b at the end of paragraph 5, the following sentence "deposit are Leaks

income of the State Fund of transport infrastructure. ".



14. in § 25 para. 7 (b). (b)), after the words "communication" shall be replaced

"or otherwise interfere with the operation of the road".



15. In paragraph 25, the following paragraphs 14 and 15, shall be inserted:



"(2) in the event that the conditions of the special use pursuant to paragraph 6 of

(a). and security required for safety) or the fluidity of road

traffic police escort, is the person on whose application the authorisation

granted, the obligation to reimburse the costs associated with the police of the Czech

of the Republic.



(15) the implementing regulation lays down the amount of the refunds for the provision of police

escorts. ".



16. in section 29a, the dot at the end of paragraph 1 is replaced by a comma and the following

subparagraph (d)) and e) are added:



"(d)) for information about sections of the roads included in the

the trans-European road network ^ 22), which are in operation for more than 3 years,

the high number of road accidents, in which to kill the person in

proportion to the amount of traffic on the road, and



e) information about sections of the roads included in the trans-European

^ 22) road network, which would eliminate or reduce risks

from the properties of the infrastructures for the participants of road

roads would lead to significant reduction of the costs expended as a result of

traffic accidents, taking into account the cost of removing or

the reduction of such risks. ".



17. in section 29a after paragraph 1 the following paragraph 2 is added:



"(2) the information referred to in paragraph 1 (b). (d)) and e) are evaluated and

updated at least once every 3 years. ".



Paragraphs 2 to 7 shall become paragraphs 3 to 8.



18. In paragraph 29, para. 4, the word "information" is replaced by "information".



19. in paragraph 29, para. 8, the word "information" is replaced by "data".



20. the heading of part seven: "the PROTECTION of INFRASTRUCTURE and THEIR CONTACT

WITH ITS SURROUNDINGS ".



21. in section 30 paragraph 2. 3 letter a) at the end of the text, the word "buildings"


replaced by the word "buildings" and the text "is added to different owners,

assigned descriptive or registration number and that are

recorded in the land register ^ 27) ".



Footnote 27 is added:



"27) § 2 (2). 1 (b). b) of law no 344/1992 Coll. ".



22. in section 30 paragraph 2. 3 (b). (b)) throughout the text are replaced by the words

"buildings", "buildings" by the words "buildings", "buildings".



23. in § 31 para. 1 letter c) is added:



"(c)) of 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. ".



24. In § 38 paragraph 1(a). 1, after the words "free of charge", the words "it, together

the land on which the road is the replacement of the infrastructure

located ".



25.38, the following paragraph 9 is added:



"(9) the shipper is not in the documents issued to the consignment, transported,

indicate a lower weight than its actual weight. ".



26. In article 38d, paragraph 2 shall be deleted.



Paragraphs 3 to 7 shall become paragraphs 2 to 6.



27. in section 40 para. 7, subparagraph (b)), and (e)) shall be deleted.



Subparagraph (c)) and (d)) shall become point (b)), and (c)).



28. in paragraph 40, the following at the end of paragraph 8, the phrase "to discuss violations

specified in § 42 para. 3 is the locally competent Customs Office, which

the offense has detected first. ".



29. in paragraph 42a para. 4 at the end of the text of subparagraph (e)), the word "or" shall be deleted,

the comma is replaced by a dot and the letter f) shall be deleted.



30. In paragraph 42a para. 7 (d)):



"(d)) to 100 000 CZK in the case of an offense referred to in paragraph 1 (b). m) and

paragraphs 2 and 3, ".



31. in paragraph 2 of section 42a. 7 (b). e), the words "and of paragraph 4 (b). (f)) "shall be deleted.



32. In article 42a, paragraph 8 shall be deleted.



33. In paragraph 2 of section 42b. 1 at the end of paragraph 1, the period is replaced by a comma and

the following letter u), which read as follows:



"u) as the sender of the shipment to the shipment being transported shall issue a document in which the

indicate a lower weight than the actual weight, if

the vehicle transporting the consignment exceeds at low speed or

high speed inspection of weighing values laid down by specific legal

Regulation ^ 10), with the exception of crossing the largest allowed dimensions

vehicles and combinations of vehicles. ".



34. In paragraph 42b para. 5 (b). and the words ' and) s) "shall be replaced by" s), and

u) ".



35. In paragraph 42, paragraph 6 shall be deleted.



36. In § 43 para. 2, the words ", with the exception of the administrative offense under §

42 b, para. 1 (b). r) where the determination of the amount of the fine shall establish specific legal

prescription "shall be deleted.



37. In paragraph 43, the following paragraph 9 is added:



"(9) with the exception of crossing the largest allowed dimensions of vehicles and

combinations of vehicle driver is not responsible for the offense under section 42a

paragraph. 4 (b). (c)), and (e)), if he proves that the sender or operator

He issued to vehicles transported the shipment document, in which he claimed a lower

shipment weight than its actual weight, and upon receipt of the shipment

could not perform the check of the weight of the shipment. "



38. in paragraph 43, the following new section 43a to 43c, including the following titles:



"§ 43a



The collection of deposits



(1) a customs officer is authorized to choose the deposit from $ 500 to $ 50,000 from the driver

the motor vehicle



and) which is suspected of having committed an offence referred to in section 42 paragraph 1. 2

up to 4, and for which there is reason to suspect that will steer clear of přestupkovému

management,



(b)) which was in block management fined for the offence referred to in

§ 42 para. 2 to 4, and for which there is reason to suspect that the fine imposed

pay, or



c) in the event that the operator of this vehicle is suspected of having committed

the administrative offense referred to in section 42b para. 2 (a). a) to (e)), and is reasonably

suspect that it will steer clear of administrative offence.



(2) a police officer is entitled to choose the deposit from $ 500 to $ 50,000 from the

the driver of a motor vehicle that is suspected of having committed an offence

referred to in article 42a of paragraph 1. 2 and 4, and for which there is reasonable suspicion that

It will steer clear of přestupkovému control.



(3) the deposit cannot be selected from the person who shall enjoy the immunities and privileges referred to in

law or international law.



(4) when selecting a bail officer or customs officer shall instruct the driver as a result of

Select the security deposit and the circumstances of its return and shall issue written confirmation of

receipt of the deposit. In the written confirmation must state the reason for the imposition of

the security deposit, the amount and the authority which is competent to conduct proceedings for the offence

or administrative offence.



(5) a copy of the acknowledgement of receipt of the deposit shall issue the police officer or

the customs officer shall deliver one copy of the drivers, in the case referred to in paragraph 1

(a). (c)) without undue delay, the operator of the vehicle and one

copy leaves for accounting purposes of the police of the Czech Republic, or

The customs administration.



(6) in the case that a police officer, the police chose to bail the United States passes

a copy of the acknowledgement of receipt to the competent authority for the management of the deposit

proceedings for the offence or an administrative offence and converts the selected deposit

no later than the next working day to the bank account of the Office. In

If the customs officer and chose to bail the management procedure for the offence or the

the administrative tort is not the competent customs authority, the customs administration of one

copy of the acknowledgement of receipt to the competent authority for the management of the deposit management

the offence or an administrative offence and converts the selected deposit no later than

the next working day to the bank account of the Office.



section 43b



Return and forfeiture of bond



(1) the deposit is returned in full if



and the case was postponed), proceedings for the offence stopped or in proceedings on the

the offense was not fined in the case of selecting the deposit under section 43a

paragraph. 1 (b). and)



(b)) was paid the fine imposed in the block in the case of recess

bail pursuant to § 43 para. 1 (b). (b)), or



(c)) was not in the control of the administrative offence imposed by the operators of the vehicle

a fine in the case of selecting the deposit under section 43a paragraph. 1 (b). (c)).



(2) where in proceedings for the offence or an administrative offence fine,

reallocated to the selected deposit for payment of the fine and costs.

This set-off must be placed in the operative part of the decision on the imposition of sanctions

for a misdemeanour or administrative offence. Deposit for payment of fine netting

You can do this only after the acquisition of the decision imposing fines for

misdemeanour or administrative offence. If the selected deposit higher than the stored

fine, the driver returns the portion of the deposit remaining after set-off of the deposit to the

payment of the fine imposed.



(3) Deposit or its part remaining under paragraphs 1 and 2 will return to 5

working days from the effective date of the decision in the proceedings for the offence

or an administrative offence or from the date of payment of the fine imposed in the block

control.



(4) the deposit will be forfeited if the fine imposed in the block management is not

paid within the due date.



(5) the deposit is forfeited, the budget from which the income is paid for by activity

the authority which is competent to conduct proceedings for the offence or administrative

tort.



(6) the Bail pursuant to § 43 para. 1 and 2 can be folded in to the Office responsible for

conduct of the procedure of infraction or administrative offense, if the driver of the security deposit

the exam according to § 43 para. 1 and 2, and a customs officer, or COP progressed

pursuant to section 43c. The provisions of paragraphs 1 to 5 and § 43a paragraph. 3 to 5 shall apply

by analogy.



§ 43c



Avoid driving



(1) If a customs officer or a police officer shall be entitled to choose from the driver of a motor

bail under section 43a of the vehicle and the driver of the bail to the call by a customs officer or a police officer

fails, a customs officer, or COP to the driver of the motor vehicle driving

to the nearest place that is in terms of safety and fluency

traffic on the roads suitable for 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 to the

cargo.



(2) the costs associated with the driving of a motor vehicle to the place of cessation and

the costs of prevention in the vehicle shall be charged to the driver or

the operator of the vehicle. The liability of the operator or driver of the vehicle behind the

a motor vehicle, the load and persons carried is not its withdrawal, the

without prejudice to the.



(3) the procedure referred to in paragraph 1, the customs officer or police officer shall instruct the driver of

the conditions of release the vehicle or return the seized documents and issues

confirmation for the prevention in driving the use of technical means or

retention of documents to the vehicle and the cargo. The acknowledgement shall state the amount of the deposit,

you declare pursuant to § 43 para. 1 or 2, and the administrative authority responsible for

conduct of the procedure of the offence or administrative offence.



(4) One copy of the certificate referred to in paragraph 3 shall issue a customs officer, or

the police officer shall deliver one copy of the drivers, in the case referred to in § 43a

paragraph. 1 (b). (c)) without undue delay, the operator of the vehicle and one

copy leaves for accounting purposes of the police of the Czech Republic, or

The customs administration.



(5) documents to the vehicle and the cargo seized pursuant to paragraph 1. (b))

passes to the Police of the Czech Republic or of the Customs Administration in the event that the management

proceedings for the offence or an administrative offence is not the competent Customs Office,

no later than the following working day after their detention Office

competent to conduct proceedings for the offence or an administrative offence.




(6) the Customs office or the police of the Czech Republic or the authority competent to

conduct of the procedure of infraction or administrative offense shall ensure the release

the vehicle or return the documents to the vehicle and the cargo, if



and) was composed of the deposit under section 43a,



(b)) the case was postponed or halted proceedings for the offence or has not been

fined in proceedings relating to an offence or an administrative offence, or



(c)) has been paid the fine imposed in the block of the proceedings or in proceedings on the

offence or administrative offence.



(7) the technical means to prevent or ban to continue

drive cannot be used if the vehicle would have consisted of an obstruction on the

the road or if they are in the vehicle, transported live

animals. ".



39. In § 46 para. 1, after the words "pursuant to § 21 para. 3 "the words",

bonus amount under § 21d para. 3. "



40. In § 46 para. 2, the words "and" shall be deleted, the words "§ 16 para. 3.0 "

the words "shall be inserted after paragraph 18 g of paragraph 1. 7, section 18i para. 4, § 18j para. 5, "

the words "§ 21 c of paragraph 1. 2, 4, and 8.0 "with the words" § 21d para. 2, "for the

the words "§ 25 para. 13 "with the words" § 25 para. 15 ", the words" § 29a

paragraph. 7 "shall be replaced by the words" § 29a para. 8 "and the words" § 38d para. 7 "

shall be replaced by ' paragraph 38d paragraph. 6. "



Article. (II)



Transitional provisions



1. A natural person who makes an application for a licence to perform

road safety audit pursuant to § 18 para. 2 of law No.

13/1997 Coll., in the version in force from the date of entry into force of this Act,

within 6 months from the date of entry into force of this Act and which demonstrate that in

time before the entry into force of this Act training

assessing the impact of dealing with the road on the property

safety on the road, may not receive training

under section 18i para. 3 of Act No. 13/1997 Coll., in the version in force from the date of

entry into force of this Act.



2. the obligation to ensure the implementation of the audit security infrastructure

does not apply to the construction of the road, which was handled by the

documentation of intent prior to the effective date 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.

482/2004 Coll., Act No. 179/2005 Coll., Act No. 80/2006 Coll. and Act No.

347/2009 Coll., is amended as follows:



1. In section 4, paragraph 4. 1 (b). (b)), the words "of road tax revenue"

replaced by the words "the return of road tax according to a special legal

prescription ^ 9) ".



Footnote 9 is added:



"9) § 5 (b). and Act No. 243)/2000 Coll., on the budgetary revenue determination

certain taxes to the territorial entities and certain State funds

(the law on budgetary determine taxes), as amended. ".



2. In section 4, paragraph 4. 1 (b). (c)), the words "percentage from the proceeds of the excise

tax on hydrocarbon fuels and lubricants "shall be replaced by the words" a share of the proceeds

excise duty on mineral oils under a special legal

prescription ^ 10). "



Footnote # 10 reads as follows:



"10) section 5 (b). (b)) Law No. 243/2000 Coll., as amended

regulations. ".



3. In section 4, paragraph 4. 1 (b). (d)), the words "revenue" shall be replaced by

"income".



4. In section 4, paragraph 4. 1 letter e) is added:



"e) revenues from tolls ^ 5) and unrecovered bailouts ^ 5)".



5. in article 4, paragraph 2 shall be deleted.



Paragraphs 3 and 4 shall become paragraphs 2 and 3.



PART THREE



Amendment of the Act concerning the conditions of the use of vehicles on the road



Article. (IV)



Act No. 56/2001 Coll., on conditions for the operation of vehicles on the road

roads and on the amendment of the Act No. 168/1999 Coll., on liability insurance

for damage caused by operation of the vehicle and amending certain related

laws (the law on the liability insurance of the vehicle), as amended by

Act No. 309/1999 Coll., as amended by Act No. 483/2001 Coll., Act No.

175/2002 Coll., Act No. 320/2002 Coll., Act No. 190/2003 Coll., Act No.

103/2004 Coll., Act No. 186/2004 Coll., Act No. 235/2004 Coll., Act No.

411/2005 Coll., Act No. 227/2006 Coll., Act No. 309/2006 Coll., Act No.

342/2006 Coll., Act No. 170/2007 Coll., Act No. 124/2008 Coll., Act No.

137/2008 Coll., Act No. 383/2008 Coll., Act No. 227/2009 Coll., Act No.

297/2009 Coll., Act No. 347/2009 Coll. and Act No. 30/2006, is amended

as follows:



1. in section 5, paragraphs 3 and 4 are added:



"(3) the Ministry of the police of the Czech Republic will allow continuous remote

access to information from the central register of vehicles.



(4) the Ministry will allow the municipal police, the regional administrations

authorities and municipal authorities of municipalities with extended powers continuous remote

access to information from the central vehicle registry, if there is a

violation of such law ^ 4a). ".



2. In article 5, paragraph 4, the following paragraph 5 is added:



"(5) the Ministry shall provide the central register of road transport vehicles

manner allowing remote and access information according to § 4

paragraph. 4 (b). a), b), (f)), l) and (m))



and the operators of the electronic toll collection system) under a special

legal regulation for the purposes of the ^ 4a) the recovery of unpaid tolls



(b)) to the Customs Administration for the purpose of exercising supervision of the obligations

the operator of vehicle electronic toll collection system. ".



The present paragraph 5 shall become paragraph 6.



3. In section 91 paragraph 2. 1 the words "§ 5 para. 3 "shall be replaced by the words" § 5 para. 6. "



PART FOUR



Amendment of the Act on administrative fees



Article. In



In the annex to the Act No. 634/2004 Coll., on administrative fees, as amended by

Act No. 217/2005 Coll., Act No. 228/2005 Coll., Act No. 357/2005 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. 135/2006 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.

law no 575/2006 Coll., Act No. 106/2007 Coll., Act No. 261/2007 Coll.

Act No. 269/2007 Coll., Act No. 374/2007 Coll., Act No. 379/2007 Coll.

Act No. 38/2008 Coll., Act No. 130/2008 Coll., Act No. 140/2008 Coll.,

Act No. 182/2008 Coll., Act No. 189/2008 Coll., Act No. 230/2008 Coll.,

Act No. 239/2008 Coll., Act No. 254/2008 Coll., Act No. 297/2008 Coll.,

Act No. 297/2008 Coll., Act No. 301/2008 Coll., Act No. 309/2008 Coll.,

Act No 312/2008 Coll., Act No. 382/2008 Coll., Act No. 9/2009 Coll.,

Act No. 41/2009 Coll., Act No. 141/2009 Coll., Act No. 197/2009 Coll.,

Act No. 207/2009 Coll., Act No. 227/2009 Coll., Act No. 281/2009 Coll.,

Act No. 291/2009 Coll., Act No. 301/2009 Coll., Act No. 346/2009 Coll.,

Act No 420/2009 Coll., Act No. 132/2010 Coll., Act No. 148/2010 Coll.,

Act No. 153/2010 Coll., Act No. 160/2010 Coll., Act No. 343/2010 Coll.,

Act No. 427/2010 Coll. and Act No. 30/2010 Coll., shall be inserted after item 36

new item 36a:



"Entry 36a



and enable the Auditor security) issue of road-$ 300



b) accreditation to conduct training for obtaining the authorization of the auditor

road safety CZK 2 000 ".



PART FIVE



Amendment of the Act on trade business



Article. (VI)



In section 3 of Act No. 455/1991 Coll., on trades (trade licensing

Act), as amended by Act No. 234/1992 Coll., Act No. 586/1992 Coll., Act

No 600/1992 Coll., Act No. 273/1993 Coll., Act No. 303/1993 Coll., Act

No 38/1994 Coll., Act No. 42/1994 Coll., Act No. 133/1994 Coll., Act

No 200/1994 Coll., Act No. 237/1995 Coll., Act No. 283/1995 Coll., Act

No 94/1996 Coll., Act No. 95/1996 Coll., Act No. 147/1996 Coll., Act

No. 19/1997 Coll., Act No. 49/1997 Coll., Act No. 61/1997 Coll., Act No.

79/1997 Coll., Act No. 217/1997 Coll., Act No. 277/1997 Coll., Act No.

15/1998 Coll., Act No. 82/1998 Coll., Act No. 157/1998 Coll., Act No.

167/1998 Coll., Act No. 159/1999 Coll., Act No. 359/1999 Coll., Act No.

363/1999 Coll., Act No. 360/1999 Coll., Act No. 363/1999 Coll., Act No.

27/2000 Coll., Act No. 29/2000 Coll., Act No. 121/2000 Coll., Act No.

122/2000 Coll., Act No. 121/2000 Coll., Act No. 128/2000 Coll., Act No.

149/2000 Coll., Act No. 151/2000 Coll., Act No. 155/2000 Coll., Act No.

247/2000 Coll., Act No. 247/2000 Coll., Act No. 258/2000 Coll., Act No.

308/2000 Coll., Act No. 367/2000 Coll., Act No. 406/2000 Coll., Act No.

458/2000 Coll., Act No. 61/2001 Coll., Act No. 100/2001 Coll., Act No.

120/2001 Coll., Act No. 164/2001 Coll., Act No. 256/001 Coll., Act No.

273/2001 Coll., Act No. 477/2001 Coll., Act No. 483/2001 Coll., Act No.

501/2001 Coll., Act No. 86/2002 Coll., Act No. 119/2002 Coll., Act No.

174/2002 Coll., Act No. 281/2002 Coll., Act No. 312/2002 Coll., Act No.

320/2002 Coll., Constitutional Court, declared under no. 476/2002 Coll.


Act No. 88/2003 Coll., Act No. 130/2003 Coll., Act No. 162/2003 Coll.

Law No 224/2003 Coll., Act No. 228/2003 Coll., Act No. 274/2003 Coll.

Act No. 356/2003 Coll., Act No. 441/2003 Coll., Act No. 38/2004 Coll.,

Act No. 119/2004 Coll., Act No. 167/2004 Coll., Act No. 256/2004 Coll.,

Act No. 326/2004 Coll., Act No. 499/2004 Coll., Act No. 695/2004 Coll.,

Law No 58/2005 Coll., Act No. 95/2005 Coll., Act No. 127/2005 Coll.

Act No 215/2005 Coll., Act No. 251/2005 Coll., Act No. 361/2005 Coll.

Act No. 428/2005 Coll., Act No 444/2005 Coll., Act No. 62/2006 Coll.

Act No. 76/2006 Coll., Act No. 109/2006 Coll., Act No. 115/2006 Coll.

Act No. 137/2006 Coll., Act No. 159/2006 Coll., Act No. 165/2006 Coll.

Act No. 179/2006 Coll., Act No. 186/2006 Coll., Act No. 191/2006 Coll.

Act No. 216/2006 Coll., Act No. 216/2006 Coll., Act No. 225/2006 Coll.

Act No. 309/2006 Coll., Act No. 315/2006 Coll., Act No. 160/2007 Coll.

Act No. 269/2007 Coll., Act No. 270/2007 Coll., Act No. 296/2007 Coll.

Act No. 130/2008 Coll., Act No. 189/2008 Coll., Act No. 230/2008 Coll.,

Act No. 254/2008 Coll., Act No. 274/2008 Coll., Act No. 227/2009 Coll.,

Act No. 285/2009 Coll., Act No. 145/2010 Coll., Act No. 155/2010 Coll.,

Act No. 160/2010 Coll., Act No. 424/2010 Coll., Act No. 427/2010 Sb.

and Act No. 73/2010 Coll., shall at the end of paragraph 2, the period is replaced by a comma

and the following letter to), including footnotes, no 52:



"to road safety auditors) ^ 52).



52) Act No. 13/1997 Coll. on road traffic, as amended by Act No.

152/2007 Sb. ".



PART SIX



The EFFECTIVENESS of the



Article. (VII)



This Act shall take effect on 1 January 2000. July 2011.



Němcová in r.



Klaus r.



Nečas in r.