Road Communications: Their Division and Administration
The categorization of road communications, their construction, conditions of usage and their protection, rights and obligations of the owners and the users of road communications, and the execution of the State administration in matters of road communications by appropriate road administrative authorities is regulated by Act No. 13/1997 Coll. on road communications in the valid wording.
Road Communication
Road communication is a transport way designed for the use of road and other vehicles and pedestrians, including fixed facilities necessary for the provision of such use and its safety.
Road communications are divided into following categories:
a) Motorways - a motorway is a road communication designed for a fast-moving long distance and international traffic by road motor vehicles, and it is constructed without crossings at grade, with separated points allowing the link-up with entry and exit and with separated direction driving lanes. The motorway is accessible only to road motor vehicles with maximum permissible speed not less than provided by a special regulation.
b) Roads - A road is a road communication accessible to public and designed for the use by road and other vehicles and pedestrians. The roads constitute a road network. According to their designation and traffic importance, roads are divided into following classes:
- roads of the 1st class designed especially for long-distance and international traffic. The road of the 1st class constructed as a road with limited access is designed for fast-moving traffic, and it is accessible only to road motor vehicles which maximum permissible speed is not less than provided by a special regulation. The road with limited access has a similar technical equipment as the motorway.
- Roads of the 2nd class designed for traffic between districts
- Roads of the 3rd class designed for linking communities with one another or for their linking to other road communications
c) Local communication is a publicly accessible road communication serving predominantly to local traffic on the territory of a municipality. Local communications are distributed into four classes according to their traffic importance, design and construction-technical equipment.
d) Special communication is a purpose built road communication serving the connection between particular realties, with respect to the requirements of the owners of such estates, or the connection between such estates and other road communications, or serving the cultivation of agricultural and forest land.
Ownership of Roads
The State is the owner of motorways and roads. The owner of local road communications is the municipality on the territory of which the local communications are situated. The owner of special road communications is a natural person or a legal entity.
The ownership rights to motorways and roads are by law exercised by the Ministry of Transport and Communications. The exercise of State ownership rights to motorways and assigned roads of the 1st class has been authorized to contributory organisation Road and Motorways Directorate of the Czech Republic by the Ministry of Transport and Comunication.
State Administration and State Supervision
In matters of a motorway, road, local communication and a special communication with public access, the state administration shall be executed by road administrative authorities which are: the Ministry of Transport and Communications, a regional body with delegated powers and district authorities. The competence of the road administrative authority is also executed by municipal authorities in the scope laid down by this Act.
The Ministry of Transport and Communications
- decides on the classification of road communication into the category of a motorway or a road and on alterations of these categories
- decides on the cancellation of a motorway or a road in agreement with the Ministry of Defence
- executes the competence of the Road Administrative Authority and Special Building Authority according to this Act in the matters of motorways and roads with limited access
- grants permission for special road usage in the form of the carriage of extraordinarily heavy or bulky objects and the use of vehicles dimensions or mass of which exceed the range laid down by special laws, so far as the route of the transport exceeds the territory of a single region
- decides on rectifying measures against the decisions of a regional body with delegated powers.
Regional Body with Delegated Powers
- grants permission for special usage of roads of the 2nd class and roads of the 3rd class consisting in the carriage of extraordinarily heavy or bulky articles and the use of vehicles the dimensions or mass of which exceed the level set out by special laws, so far as the route of the transport does not exceed the land area of a region
- decides on the classification of road communication into the category of a road of the 2nd class or a road of the 3rd class and on alterations of these categories
- decides on the cancellation of a road of the 2nd class or a road of the 3rd class in agreement with the Ministry of Defence
- executes the competence of the Road Administrative Authority and Special Building Authority according to this Act in the matters of roads of the 1st class, with the exception of matters in which the Ministry of Transport and Communications has the competence of decision.
- decides on rectifying measures against the decisions of a municipal body with delegated powers and against the decisions of municipalities
Municipal Bodies
- shall execute the competence of special building authority in matters of roads of the 2nd class and roads of the 3rd class and the competence of an administration authority in matters of roads with the exemption of matters in which the Ministry of Transport and Communications or a regional body with delegated powers is the decision maker,
- discusses the violation of traffic rules on motorways and roads according to this Act and according to a special regulation
- executes the competence of a special building authority in matters of local communications and publicly accessible special communications in municipalities which are not, according to special laws, in charge of execution of the competence of a municipal building authority
Municipalities / Towns
- decide on the classification of a road into the category of local communications and
on the removal of local communication from that category,
- discuss the offences in matters of local communications and publicly accessible special communications, according to this Act and special regulation,
- execute the competencies of the road administrative authority in matters of local communications and publicly accessible special communications,
- execute the competence of a special building authority, provided they are authorised according to special regulation to execute the function of the municipal building authority
State supervision of motorways, roads, local communications and publicly accessible special communications is executed by road administrative authorities and municipal authorities within their spheres of competence. The Ministry of Transport and Communications shall execute central state supervision over the execution of the State supervision performed by district authorities and municipal authorities.
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