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GROUNDS 
 
General part  
 
A. CLOSING STATEMENT ON THE IM PACT ASSESSMENT  OF THE 
REGULATION IN ACCORDANCE WITH THE GENERAL PRINCIPLES (SMALL RIA) 
 
Contents :  
 
1. Reason for proposal  
 
1.1. Name 
1.2. Problem description 
1.2.1.  Definition of general objective 
1.2.2.  Definition of specific objective 
 
2. Proposed solution option 
 
2.1.  Option 1: ‘zero option’ 
2.2.  Option 2: amendment of Regulation no. 345/2002 Coll. 
 
3. Cost and benefit analysis  
 
3.1. Costs and benefits of the individual options 
3.2. Consultation 
 
4. Proposed solution  
 
4.1. Assessment of the options 
4.2. Conclusion – selection of the most favourable solution 
4.3. Implementation and monitoring 
4.4. Review of  effectiveness 
 
1. Reason for proposal  
 
1.1. Name 
  4Draft regulation amending Ministry of Industry and Trade Regulation no. 345/2002 
Coll., establishing measurement devices for mandatory validation and measurement 
devices subject to type approval, as am ended by Regulation no. 65/2006 Coll. and 
Regulation no. 259/2007 Coll.  1.2. Problem description  
The reason for submitting the Draft Regulation is Act no.  13/1997 Coll. on land routes, as 
amended by Act no. 347/2009 Coll.  As a sponsor of state administrati on in the field of 
motorway transport, the Ministry  of Transport has recently adopt ed a series of  measures to 
eliminate the effect of overload ed vehicles on the condition of  the motorway network and, in 
connection, to increase the safety of motorw ay traffic.  One of these measures is the 
introduction of what is known as high-speed  inspection weighing, which amends the new 
Section 38a. The draft regulation is being issued to im plement Section 3 Paragraph 3 and Section 6 
Paragraph 1 of Act no. 505/1990 on me trology, as amended (hereinafter referred to as the 
‘Metrology Act’). In order to ensure the uniformity and correctne ss of high-speed weighing, it is indispensable 
to ensure that the applicable measurement device,  that is, the high-speed scale, is included in 
the category of specified measurement devices  which are subject to state metrological 
inspection in the sense of Sec tion 4 of the Metrology Act.  
 
1.2.1. Definition of the general objective 
 To achieve conformity between Ministry of  Industry and Trade Regulation no. 345/2002 
Coll., establishing measurement devices for mandatory validation and measurement 
devices subject to type approval, as am ended by Regulation no. 65/2006 Coll. and 
Regulation no. 259/2007 Coll. and Act no. 13/ 1997 Coll., on land routes, as amended. 
 
1.2.2. Definition of the specific objective 
 Allocate scales for the high-speed inspectio n weighing of motorway vehicles while in 
motion to the category of established me asurement devices in relation to Act no. 
347/2009 Coll., which incorporated high-speed  inspection weighing into Act no. 13/1997 
Coll., as amended. 
 
2. Proposed solution option  2.1. Option 1: ‘zero option’ 
The current status quo in and of itself does no t contain sufficient meas ures to achieve the 
above-mentioned objective.  
2.2. Option 2: amendment of Re gulation no. 345/2002 Coll.  
Amend the existing Regulation no. 345/2002 Coll., establishing measurement devices for 
mandatory validation and measurement devices subj ect to type approval. In order to ensure 
the uniformity and correctness of high-speed weighing, the applicable  measurement device, 
that is, the high-speed scale, shall be includ ed in the category of established measurement 
devices which are subject to state metrological  inspection.  High-speed weighing is vehicle 
inspection weighing by means of stationary hi gh-speed scales in which the vehicle is not 
diverted away from traffic. High-speed in spection weighing include s monitoring of the  5maximum permissible weight of the motorway ve hicle, monitoring of the vehicle’s maximum 
permissible axle weight and axle group weight as well as other we ight ratios of the vehicle.   
 
3. Cost and benefit analysis 
3.1. Costs and benefits of the individual options 
 
Option no. 1  
Preserving the status quo will result in discrepancies between legal regulations of the Czech 
Republic. It does not have any effect on costs.   
Option no. 2
 
This will eliminate discrepancies between legal regulations of the Czech Republic. However, 
it will mean additional costs for users (municipa lity, region, state) fo r the validation of the 
measurement devices, which is conducted by the Czech Metrological Institute, amounting to 
approx. CZK 1 million, if the decision is made  to use the high-speed weighing system.  
 
4. Proposed solution  
4.1. Assessment of the options 
 Option no. 1
 
The current status quo in and of itself does no t contain sufficient meas ures to achieve the 
above-mentioned general objective.   
Option no. 2
 
We estimate that the implementation of option no. 2 will only have an impact on the state 
budget and other public budgets among the users (municipality, regi on, state), if the decision 
is made to use the measurement devices in question. Type approval a nd measurement device 
validation (conducted by the Czech Metrological In stitute).  This activity presents costs of 
approx. CZK 1 million (approx. 20 locations, annual costs of measurement device validation 
estimated at approx. CZK 28,000, including anticipa ted related ancillary expenses amounting 
to 50%).  
 
Note on the calculation of the impact on the state budget:  
Costs connected to the allocation of scales  for high-speed weighing to the category of 
established measurement devices are as follows: a) the costs of the type approval, which shall be borne by the measurement device manufacturer; said costs apply to  the type of scale in question,  not to each individual item, 
b) the costs of validating the scales, which shall be borne by the user of the scales.  
 
4.2. Conclusion – selection of the most favourable solution 
 We recommend the adoption of option no. 2, which will achieve both the general (1.2.1.) 
and the specific (1.2.2.) objective.   
4.3. Implementation and monitoring 
The state administrative body respon sible for the amendment of th e Regulation is the Ministry 
of Industry and Trade.  
  64.4. Review of effectiveness 
 
A follow-up review of the proposed solution is pr ojected after one year. This period appears 
to be sufficient for gathering an adequate volume of data relevant to the review of 
effectiveness and feedback from the subjects  concerned.  The review  can be conducted by 
means of systematic consultation sessions with a ll of the interested parties. Furthermore, it is 
desirable to regularly evaluate the statistica l data from inspections and compile evaluation 
reports on the achievement of the legislation’s objective.  
 
B) EXPLANATION OF THE NECESSITY FOR THE PROPOSED LEGISLATION  
As a sponsor of state administration in the field of motorway transport, the Ministry of 
Transport has recently been adopting a series of measures to eliminate the effect of overloaded 
vehicles on the condition of the motorway network and, in connection, to increase the safety of 
motorway traffic.  It introduced these measures into practice through the amendment of Act no. 
13/1997 Coll. on land routes. One of these measu res was the introduction of what is known as low-
speed and high-speed inspection weighi ng, which amends the new Section 38a. 
In order to ensure the uniformity and correctn ess of high-speed weighting, it is indispensable 
to ensure that the applicable m easurement device, that is, the high- speed scale, is included in the 
category of specified measurement devices which are subject to state metrological inspection in the 
sense of Section 4 of Act no. 505/1990 Coll., on metrol ogy, as amended (hereinafter referred to as the 
‘Metrology Act’). 
 
C) ASSESSMENT OF THE PROPOSED LEGISLATION ’S CONFORMITY WITH THE 
ACT WHICH IT IMPLEMENTS AS WELL AS CONFORMITY WITH THE 
CONSTITUTIONAL ORDER AND LEGAL ACTS OF THE EC /EU 
The draft is in full conformity with the Metrol ogy Act and authorisation contained in Section 3 
Paragraph 3 and Section 6 Paragra ph 1 and Section 27 of this Act. 
Likewise, the proposed legislation is in confor mity with the Charter of Fundamental Rights 
and Basic Freedoms, declared by Resolution of the presidency of the Czech National Council no. 
2/1993 Coll. as part of the constitutional order of the Czech Republic (hereinafter referred to as the 
‘Charter’), in particular with the following provisions: 
- the provisions of Section 2 Para. 3 of the Charter, according to which everyone may perform 
activities which are not prohibited by law, and no one  may be forced to perform activities which are 
not required by law; 
- the provisions of Article 26 Para. 1 of the Char ter, according to which everyone has the right 
to free choice of occupation and preparation for it, as well as the right to engage in business and 
conduct other economic activities, in which the law must establish conditions and restrictions on the 
performance of particular occupations or activities. 
The classification of the measurement devices among the established measurement devices 
lies in the jurisdiction of the Member States of the European Union; for that reason, the draft is not 
contrary to the legal regulations of the EC. The draf t contains a national regulation. It is subject to 
notification pursuant to Government Decree no. 339/2002 Coll. on procedures in the provision of  7information in the field of technical regulations, technical documents and technical standards, as 
amended by Government Decree no. 178/2004 Coll. 
The point of departure in projecting the relative measurement error for the total weight of the 
vehicle (less than or equal to ±5 %), or, as the case may be, for the load on an individual axle (±11%), 
was practical experience in tests of those system s as well as two European documents which address 
this problem and form the basis for future measures of a general nature:  
- ‘COST 323 Weigh-in-Motion of Road Vehicles, European WIM 
Specification’, which is not an official standa rd, but forms a basis for the establishment of 
future European standards which are anticipated to make use of standardisation committees for the creation of an official standard, and also constitute a ‘pre-standard’ for submission to 
the CEN for conversion to European standards for WIM systems, 
- ‘Weigh-in-Motion of Road Vehicles’ – th e first draft of the European standard, 
compiled in July 2008 by the WIM work group FiWi (FEHRL institutes WIM initiative) 
using the above-mentioned COST 323, 1999 document.  
In both of these documents, the chapter concerni ng the selection of the system's precision class 
in light of the required appli cation mentions the option of us ing class A(5) with a relative 
measurement error of 5% for the overall weight an d class A(5) or B+(7) with a relative measurement 
error of 8% or 11% for loads on an individual axle in applications serving legal purposes, such as enforcing compliance with the established vehicle weight limits.  With respect to the technical 
possibilities of the devices which are presently availabl e, the relative measurement errors specified in 
the Regulation may be adjusted to ±5%  for overall weight and ±11%  for the load on an individual 
axle. 
 
D
) ASSESSMENT OF THE LEGAL STATUS IN  FORCE AND SUBSTANTIATION OF 
THE NECESSITY OF AMENDING IT  
The existing Ministry of Industry and Trade Regulation no. 345/2002 Coll., establishing 
measurement devices for mandatory validation and me asurement devices subject to type approval, as 
amended by Regulation no. 65/2006 Coll. and Re gulation no. 259/2007 Coll., is a regulation 
implementing the Metrology Act. 
The legal regulation in the field of established measurement devices is based on the principle 
of listing the established measurement devices prescribed  by the Regulation and starts with the need to 
ensure the uniformity and correctness of the est ablished measurement devices in accordance with 
community interests. The introduction of what is known as high-speed weighing thus necessitates the 
supplementation of list of measur ement devices in question which will be used to conduct the high-
speed weighing, in the sense of the provisions of  the new Section 38a Act no. 13/1997 Coll., as 
amended. 
 
E) ANTICIPATED ECONOMIC AND FINANCIAL IMPACT OF THE PROPOSED 
LEGISLATION ON THE STATE BUDGET , OTHER PUBLIC BUDGETS , THE 
ENTREPRENEURIAL ENVIRONMENT OF THE CZECH REPUBLIC , OTHER 
SOCIAL IMPACTS AND ENVIRONMENTAL IMPACT   8The new legislation will have a positive impact on the condition of the motorway network and 
the safety of motorway traffic. Th e anticipated costs to the users (municipality, region, state) amounts 
to approx. CZK 1 million, if the decision is made  to use the high-speed weighing system. A positive 
effect on the environment can be anticipated in li ght of the draft’s anticipated positive effect on the 
safety of motorway traffic. The draft does not affect the social domain nor does it pertain to issues of 
gender equality. 
  
  9Specific part  
 
 
On Article I:  
On Item 1:  
The purpose of use of the scales in question sh all be supplemented in accordance with the 
wording of Section 38a of Act no. 13/1997 Coll. on land routes. 
 On Item 2:
 
High-speed scales shall be included in the sec ond list of established measurement devices. 
 On Item 3:
 
This concerns the elimination of discrepancies in the previous amendment of Regulation no. 
345/2002 Coll. and introduces clear and normative text. 
 
On Article II:  
The date of the Regulation’s entry into legal effect  shall be established with respect to the period of 
time required to provide for the technical means ne cessary for the type approval and validation of the 
scales for the high-speed inspection weighing of mo torway vehicles and for issuing the applicable 
general measure which establishes technical and me trological requirements, including testing methods, 
with the exception of Item 3, which shall enter into legal effect on the day of its promulgation.