AKMV Obligation to publish the transport regulations on the website as of April 1, 2019
QUESTION
I am a carrier performing freight trucking, I have only one vehicle. I do not have a website and I don’t need one. I learned that from April I must have a website and publish my carrier’s terms of service on it. Is this true, or would it be sufficient if it is available in the vehicle? What is the penalty for non-compliance?
ANSWER:
Yes, as of April 1, 2019, all carriers (engaged in both passenger and freight transport) are required to have a transport regulation (prepravný poriadok) drawn up and published on their website. This obligation arises from § 4(5) of the Road Transport Act, which states: “The carrier is obliged to publish the transport regulations on their website and by other appropriate means. If the date of entry into force is not specified in the transport regulations, they become effective on the day they are published on the website.” This means carriers are required to have a website, regardless of whether they operate with one vehicle or more.
An exception is granted only in the case of taxi service or dispatch operators. In those cases: “The transport regulations must be published on the website of the taxi service provider or dispatch operator—if such a website exists—or must be available in the vehicle, or must be accessible through a digital platform if the taxi service is operated via such a platform.”
If a carrier provides both passenger and freight transport, they must have two separate sets of transport regulations.
JUDr. Veronika Michalíková, MBA