102/2000 Sb.
LAW
from day 4. April 2000,
amending Act No. 13/1997 Coll., on the road
Parliament has passed the following Act of the United States:
Article. (I)
Act No. 13/1997 Coll., on the road, is amended as follows:
1. in article 11, paragraph 1 reads:
"(1) Road the land means land on which is located the body
highways, roads and local roads and of road Assistant land. ".
2. In article 11 (1) 3, the last sentence shall read:
"In other cases the transit stretch of highway or transit section
the road surrounded by similarly as in paragraph 2. ".
3. § 12 para. 1 (b). (d)) at the beginning of the text, the words "the vertical
the road signs, ".
4. In paragraph 13 (b). a), the words "the vertical traffic signs" are replaced by the words
"portable vertical road signs".
5. the title of part III:
"THE CONSTRUCTION OF THE HIGHWAY, ROAD, A LOCAL ROAD AND A PUBLICLY ACCESSIBLE
SPECIAL-PURPOSE COMMUNICATIONS ".
6. in article 16 paragraph 1. 1 the first sentence reads as follows:
"For the construction of highways, roads, local roads and public access
Special-purpose communication is a special construction úřadem4) the road
Administrative Office. ".
7. section 20 reads as follows:
"section 20
(1) of the highway and expressway that are marked with the traffic
brand ^ 2) as motorways or as a road for motor vehicles and their
laid down in the implementing regulation sections, you can take the road transport
vehicle with at least four wheels (hereinafter referred to as "motor vehicle"), or
combination of vehicles ^ 2) after payment of the fee for the use of motorways and
Expressway (the "fee").
(2) a fee you can pay per calendar year, calendar month or ten
days and on a motor vehicle or combination of vehicles with a total weight of over
12 tonnes on one day.
(3) the upper limit of the amount of the fee per calendar year for the motor
a vehicle or combination of vehicles
and the total weight 3.5) a ton of 1 200 Czk,
(b)) with a total weight of over 3.5 tonnes to 12 tonnes, 16 000 CZK
(c)) with a total weight of 12 tons of $50,000.
(4) the amount of fees provides the legal prescription. The amount of the fees per calendar
month, ten days and one day shall be proportional to the amount of the fee for the
one calendar year responsible for motor vehicle or driving
set according to their total mass. ".
8. in section 20, the following new section 20a, which reads as follows:
"section 20a
(1) a fee shall be paid before taking the motorway or expressway
a motor vehicle or combination of vehicles. Payment of the fee is
shows a valid coupon, whose two-part one part is glued
the entire face in a motor vehicle or trailer in the first vehicle
to the location specified in the implementing regulation and which
and) with a model established the implementing regulation,
(b)) contains the State license plate, which coincides with the State
a registration plate which is equipped with a motor vehicle, or the first
motor vehicle/trailer combination, which is a freeway or expressway
the road taken
(c) the designation of the validity period) it contains, which corresponds to the time when the
a motor vehicle or combination of vehicles or high speed Highway
the road taken
(d)) has a value of at least the amount of the fee referred to in
the total mass of the motor vehicle or combination of vehicles, which is
Highway or expressway used.
(2) the validity of the coupon proving payment of the fee per calendar year
begins 1. December of the year preceding the calendar year indicated
on the coupon, and ends March 31. January immediately following calendar
of the year.
(3) the validity of the proof of payment of the fee on the coupon calendar
the month begins on the last day of the month preceding the calendar month
indicated on the coupon, and ending on the day immediately following
the calendar month.
(4) the validity of the proof of payment of the fee on the coupon ten days
starts on the day marked on the coupon and expire ten immediately
the following calendar days.
(5) Coupon proving payment of the fee for a day is valid in
the designated day.
(6) proof of payment of the fee on the coupon on the calendar month
ten days, or one day of the period of validity of the coupon seller shall indicate when the
its sale. An indication of the State's license plate shall be marked on the coupon driver
of the motor vehicle or trailer at the latest before taking the highway
or or section of Expressway under section 20 (2). 1. ".
9. section 21:
"section 21
(1) to issue and sell the coupons is the Ministry of finance in the
cooperation with the Ministry of transport and communications. Related activities
the issuance and sale of the Ministry of finance may entrust coupons physical
or a legal entity. The price for the sale of coupons
arranged according to price regulations.
(2) the funds derived from the payment of fees are income for State
the budget.
(3) the Czech Republic Police checks in the framework of supervision on safety and
the smoothness of the road to payment of a fee.
(4) the driver of a motor vehicle or trailer that is taking the highway
or speed or road section under section 20 (2). 1, is required to
to submit, upon request, the second part of the coupon to the control of national
Police of the Czech Republic in the staff uniform.
(5) the Patterns of coupons, how they are filling in, the way the registration and
coupons with a validity period of less than a calendar year way of marking
its term of validity laid down detailed regulations. ".
10. section 22 including the footnotes # 11a) and ^ 11b) is added:
"§ 22
(1) the payment of a fee is not subject to the use of the highway and expressway
their sections according to § 20 paragraph 1. 1 motor vehicle or driving
Kit
and with a special warning light) according to a special legal
prescription, ^ 10) If this is a vehicle or combination of vehicles
1. the fire rescue Corps and units of the voluntary fire brigade,
2. the armed forces of the Czech Republic ^ 11a) and the armed forces of another State;
in the case of the column of vehicles and combinations of vehicles is sufficient such
the first and last of a motor vehicle in traffic,
3. The prison service of the Czech Republic,
4. emergency medical services and transportation of the sick, the wounded and
maternal
(b) the Ministry of the Interior) used by the police of the Czech Republic and with
the words "police",
(c)) the Department of Defense used the military police and equipped
the words "MILITARY POLICE"
(d)) of the Customs authorities with the words "CUSTOMS ADMINISTRATION",
e) used for the transport of severely handicapped citizens, who
were under special legislation ^ 11b) granted benefits (II).
degrees, with the exception of the affected full or practical deafness, or
III. degree, if the holder of a motor vehicle is disabled person alone
or a person close to; under the same conditions shall apply the exemption for
motor vehicles used for the carriage of dependent children which are
treated for malignant tumor disease or hemoblastosou, if the parents
or them on an equal footing built traffic allowance
a motor vehicle under a special legal regulation, ^ 11b)
f) consequences of traffic accidents on highways and
expressways, consequences of natural disaster or
in order to save life and preserve the health of the people,
g) highways and roads, Manager
h) if provided for by an international treaty, which is the Czech Republic
bound.
(2) if required under section 24 block to take a detour to the management section
Highway or expressway, for whose use is charged a fee, it is
You can enjoy this section free of charge.
11A) Act No. 110/1998 Coll., on the security of the United States.
11B) Decree No. 182/1991 Coll., implementing the law on the social
Security and the law on the scope of the authorities of the Czech Republic in the social
security, as amended. ".
11. section 23, including the footnote No. ^ 12) ^ ^ 12b and 12a)) reads:
"article 23 of the
(1) for the purposes of organising transport on the territory of the municipality in General
binding decree to define the area of the village of the municipality in which the local
communications or their designated stretches to enjoy at a price agreed in accordance with the
Pricing regulations ^ 12)
and) for standing at the road transport vehicle in the village for a period of time
limited, but not more than 24 hours,
(b)) to the cessation of a goods vehicle or combination of vehicles in the village for a period of
needed to ensure customs clearance,
(c)) for standing at the road transport vehicle operated by the legal entity or
by a natural person for business purposes under a special legal
prescription ^ 12a) which has its registered office or place of business in the designated area of the village,
or for standing at the road transport vehicle of a natural person has
place of residence in the designated area of the village,
If this use of compromised safety and traffic flow on
roads and other public interest. In the generally binding Decree
the village lays down the Community method of payment of the agreed price and the mode of proof
its settlement.
(2) local roads or their designated sections referred to in paragraph 1 shall
be indicated by appropriate road sign under a special legal
^ 2) of the code.
(3) in the generally binding Decree the municipality may identify areas of the municipality in
that cannot be the local communications or their designated sections for the purposes
referred to in paragraph 1 (b). a) to (c)).
(4) generally binding Decree the municipality referred to in paragraphs 1 and 3 shall issue a village in
by under special legislation. ^ 12b)
12) Act No. 526/1990 Coll., on prices, as amended.
12A) Act No. 455/1991 Coll., on trades (trade licensing
Act), as amended.
12B) section 24 of Act No. 367/1990 Coll., on municipalities (municipal establishment). ".
12. In § 25 paragraph 2 reads as follows:
"(2) the administrative authority shall issue decision Road for permission a special
the use of the legal or natural person on the basis of a written request for
a and in the decision sets out the conditions of the special use. Permission to
Special use shall not relieve the user of the obligation to compensation for
damage or pollution, highway, road, or local communication. ".
13. In article 25, paragraph 2, the following paragraphs 3 and 4 are added:
"(3) violates the legal or natural person the conditions laid down in
a decision on the issue of permits, road administrative office shall decide on the withdrawal of the
the authorization. Natural or legal person that has been withdrawn permission to
Special use, you can grant permission for the specific use on the
the basis of application submitted again soon after three years from the date on which the
the decision to revoke the permit for the specific user has power.
(4) road administrative authority may decide to amend the authorisation
the justified request of the holder of an authorisation for a particular use. ".
Paragraphs 3 to 7 shall be renumbered as paragraphs 5 to 9.
14. in § 25 para. 6 (a). c) introductory sentence as follows:
"the use of the highway, a road or a local road and the road of the auxiliary
the plot for ".
15. In § 25 para. 6 (a). (c)) item 1:
"1. the placement and operation of advertising banners, promotional and other
equipment, lamps, shaded areas, and other similar
equipment (hereinafter referred to as "advertising"), ".
16. In article 25, paragraph 6, the following paragraph 7 is added:
"(7) the specific use of collocation and hosting advertising
the device may allow the competent road Administrative Office for a maximum period
five years on the condition that advertising cannot be confused with the
traffic signs or traffic facilities or may not dazzle
the user concerned infrastructure or otherwise disrupt the operation of the
road safety. Roads in a place where it is located
advertising equipment, must be at the expense of the operator of an advertising device
equipped with ramps or otherwise secured against potential conflict of vehicles with
design of promotional device. ".
Paragraphs 7 to 9 shall be renumbered as paragraphs 8 to 10.
17. in paragraph 8 of section 25 reads:
"(8) the Things placed, set up or operated without a permit under
paragraph 1 or contrary to it, except advertising device, it is
the owner shall be obliged to delete without delay after receipt of the request
the competent road Administrative Office. Fails to do so, shall ensure
removal and disposal of competent administrative authority at the expense of road
the owner of the matter. ".
18. In article 25, paragraph 8, the following paragraph 9 is added:
"(9) if the road Administrative Office to find out the owner of the things
located, owned or operated without a permit referred to in paragraph 1, with the
exception of advertising devices, publish the call for the removal of things way
in place of the usual and after a period of 10 days from the date of publication of the
challenges will ensure the removal and disposal of things at the expense of the owner concerned
terrestrial communications. If the owner finds Highway, road or local
the owner of the things later, communications may make a claim against him to
reimbursement of costs incurred by removing and disposing of the matter. ".
Paragraphs 9 and 10 shall be renumbered as paragraphs 10 and 11.
19. in § 25 paragraph 9 shall be inserted after paragraph 10 and 11, which
shall be added:
"(10) road administrative office shall, within seven days from the day on which the
learned about the establishment or existence of an advertising device located on the
Highway, road or local road or road auxiliary
the land without the authorization of the special use issued by the competent
Road administrative authority to ask the owner of the advertising device to its
the deletion. The owner of advertising equipment is required to an advertising device
immediately, not later than five working days after receipt of the request
the competent administrative authority to delete road. If it fails, it is
Road administrative office shall be obliged to advertise within 15 working days to cover up and
Subsequently, to ensure the removal and disposal of equipment at the expense of advertising
the owner of this device. Remove ads and its disposal will
done without regard for the fact that the advertising has been enabled
Building Authority. 5)
(11) if the road Administrative Office to find out the owner of the advertising
device zřizovaného or operated without a licence of the Special
use, publish, prompts you to remove the advertising of devices in a manner in
the place of the usual and after a period of 10 days from the date of publication of the
the challenge is obliged to advertise within 15 working days to cover up and then
to ensure the removal and disposal of equipment at the expense of advertising
the owner of the infrastructure concerned, which is an advertising device
wrongly placed. Remove ads and its disposal will
done without regard for the fact that the advertising has been enabled
Building Authority. 5) ".
Paragraphs 10 and 11 shall become paragraphs 12 and 13.
20. In paragraph 30, the following paragraphs 3 and 4 are added:
"(3) of the implementing regulation shall specify, for the purposes of this law, what is continuously
built-up villages in determining the road protection zone.
(4) the road protection zone Boundaries as defined in § 30 paragraph 2. 2 (a).
and in case of authorization) is the establishment and operation of advertising billboards,
promotional and other devices, lamps, shaded areas and
other similar devices that would be visible to the user in question
Road and 100 metres from 250 metres. ".
21. section 31 reads as follows:
the "section 31
(1) in the road protection zone to enable the establishment and operation of
advertising device, on the condition that advertising cannot be
confused with traffic signs or traffic facilities or
the user may not dazzle road concerned or otherwise disrupt the
traffic on the road. The authorization issued by the competent road
Administrative Office after previous agreement
and the owner of the real estate in question) that you want the advertising device
implemented and operated,
(b) the Ministry of the Interior), in the case of Highway and road protection zone
Expressway
(c)) the competent authority of the police of the Czech Republic, in the case of road
the protective zone of the road with the exception of Expressway and local
communication.
(2) road administrative office shall issue a decision on the authorisation to set up and
to operate the advertising device legal or natural person on the basis of
a written request for a fixed period, for a maximum period of five years, and in
the decision lays down the conditions for the establishment and operation of advertising
device.
(3) the owner of the property in the road protection zone is authorized in
the general interest to place on their property only advertising device that
has been enabled.
(4) violates the legal or natural person the conditions laid down in
the decision to issue a permit to the establishment and operation of advertising
equipment, road administrative office shall decide on the withdrawal of authorisations. Legal
or a natural person, which was withdrawn the authorization, you can grant permission to the
the basis of application submitted again soon after three years from the date on which the
the decision for the withdrawal has power.
(5) the Road administrative authority may decide to amend the authorisation
the reasoned request of the authorisation holder.
(6) road administrative office shall, within 7 days from the date on which the learned
on the establishment or existence of an advertising device located in the road
the protection zone without a permit issued by a competent administrative road
the Office may invite the owner of an advertising device to its removal.
The owner of an advertising device is obliged to immediately inform, advertising
not later than five working days after receipt of the request of the competent road
Administrative Office, delete. If it fails, so is the road Administrative Office
obliged to advertise within 15 working days to cover up and subsequently ensure
removal and disposal of advertising at the expense of the owner of this device
device. Remove ads and its liquidation will be carried out regardless of
the fact that the advertising was permitted building authority. ^ 5)
The terms of this paragraph shall not apply to the advertising of devices built and
operated in the Advanced section of the territory according to § 30 para. 4, if such
the device was the competent Building Authority allowed before the effective date
of this Act.
(7) if the road Administrative Office to find out the owner of the
advertising device zřizovaného or operated without a permit under
paragraph 1, it shall publish a call for the removal of advertising devices in a manner in
the place of the usual and after a lapse of time of ten days from the date of publication of the
the challenge is obliged to advertise within 15 working days to cover up and then
to ensure the removal and disposal of equipment at the expense of advertising
the owner of the affected property, which is an advertising device.
Remove ads and its liquidation will be carried out regardless of the
the fact that the advertising was permitted building authority. ^ 5)
(8) the owner of the property on which it is established and operated an advertising
equipment without authorisation under paragraph 1, is obliged to provide the necessary
and to the extent necessary for entry to your property in order to cover the
advertising and for the removal and disposal of this promotional device.
If the damage to real estate, is the one who caused the damage,
obliged to replace it; This responsibility cannot exempt. ".
22. in paragraph 35 insert a new paragraph 1, which reads as follows:
"(1) owners of real estate in the vicinity of highway, road and the local
communication are obliged to acquiesce to their land was taken
measures necessary to prevent landslides, falling rocks and avalanches
trees or parts of them, there is a danger of this construction or
the operation of the highways, roads and local roads or natural causes;
If this danger from the meeting of these owners are required to
take the necessary steps at their own expense. On the scope and method of implementation
the necessary measures and shall implement them, who chooses the road of administrative
the authority. ".
Paragraphs 1 and 2 shall be renumbered as paragraph 2 and 3.
23. in section 35 para. 2 the second sentence reads as follows:
"If it detects a threat source other than is set out in paragraph 1, it shall
Road administrative authority his removal to the operator or the owner of the
the source of this threat. "
24. in paragraph 38, the following new section 38a to 38 c, including title and
footnote # 16a):
"The weighing of vehicles
§ 38a
(1) on highways, roads and local roads, with the exception of
border crossings, is carried out the control weighing and measurement (hereinafter referred to as
"checkweighing") road motor vehicles of categories N3 ^ 10) and
their combinations with trailers of categories O3 and O4 ' ^ 10)
(hereinafter referred to as "vehicle").
(2) control weighing the infrastructure manager ensures, in coordination
with the police of the Czech Republic.
(3) control weighing involves weighing the total weight of the vehicle, the measurement
axle pressures and vehicle dimensions measurement. ^ 10)
section 38b
(1) the driver of a vehicle shall, at the invitation of the Czech National Police
Republic in the staff uniform subject to vehicle inspection.
Detour to check weighing, including a trip back to the land
the communication must not be longer than 8 km.
(2) the driver of a vehicle inspection is obliged to follow instructions
the person operating the device to check weighing.
(3) on the outcome of the inspection, the person operating the device will issue weighing on
control weighing of vehicles drivers document.
(4) where it is found during the inspection of weighing the vehicle limits
stipulated by special legislation, ^ 10) can the driver of the vehicle
continue to the next ride. In this case, it is not possible to charge drivers
no cost dear.
(5) where it is found during the inspection of weighing exceeding the values set out
special legislation, ^ 10) is discussed on the basis of this violation
a special law ^ 2) ^ 17) as an offence, and the driver of the vehicle is required to
the costs of weighing.
(6) the method of implementation of the checking method of determining cost dear,
associated with the control by weighing, Essentials of the proof of the result
checkweighing and form of the document provides detailed prescription.
section 38 c
(1) if it is found during the inspection of weighing that the dimensions of the vehicle or its
the total weight exceeds the value of the specific legal
Regulation, ^ 10) driver may continue in the next ride only on the basis of
Special use permits (section 25) and on the condition that the vehicle is
technically eligible for use on the road. ^ 16a)
(2) if it is found during the inspection of weighing that axle pressure exceeds the
fixed special legislation, ^ 10) driver may not continue
in driving.
16A) Act No. 38/1995 Coll., on technical conditions of road traffic
vehicles on the road, as amended by law no 355/1999 ".
25. in section 40 para. 3 (b). (c)), after the words "local roads"
the words "and publicly accessible roads".
26. in section 40 para. 4 (b). (d)), after the words "local roads"
the words "and publicly accessible roads".
27. in § 42 para. 1 (b). (g)) at the end the following text:
"with the exception of activities related to advertising device".
28. in § 42 paragraph 1 the following paragraph 2 is added:
"(2) road administrative office impose a fine of up to 300 000 legal
or a natural person who
and take the highway, road) or the local road or road auxiliary
land for the location and operation of advertising device without a permit
Special use or failed to fulfil the conditions of authorisation (article 25),
(b)) was set up by and road protection zone advertising
device without a permit or has not adhered to the terms of authorisation (§ 31),
(c)) has on its property in the road protection zone placed advertising
devices without a valid authorisation (§ 31) and it did not remove this device in
a specified period after the receipt of the call of the road administration,
(d) wilfully removes or damages the) masking ads.
The former paragraph 2 becomes paragraph 3.
29. in § 42 para. 3 at the end of subparagraph (b)), the words "except
activities related to advertising device ".
30. section 46 including the title reads as follows:
"§ 46
Powers of execution
(1) the Government regulation of the charge under section 20 (2). 4.
(2) the Ministry of transport and communications will issue a decree to implement paragraph 6 (1). 4,
§ 8 para. 3, § 9 para. 4, section 10, paragraph 1. 5, § 16 para. 3, section 20 (2). 1, §
20, paragraph 1. 1, § 24 para. 9, § 25 para. 13, section 27 para. 7, § 30 paragraph 2. 3, §
paragraph 36. 8, § 37 para. 1, section 38b para. 6 and § 41 para. 4.
(3) the Ministry of finance will issue a decree to implement section 21 para. 5. ".
31. In article 47, the following paragraph 8 is added:
"8. § 82 of Decree No. 145/1956 effects, traffic on the roads."
Article II
Transitional provisions
1. the Sticker proving payment of the fee for the year 2000 applies until 31 December 2006.
January 1, 2001.
2. The provisions of § 20, 20 and 21 of Act No. 13/1997 Coll., on the road
safety, as amended by this Act, shall apply for the first time on 1 January 2002. January
2001.
Article. (III)
The effectiveness of the
This Act shall take effect on 1 January 2000. July 2000.
Klaus r.
Havel, v. r.
Zeman in r.
