Informace o publikaci

Current Issues of Czech Road Traffic Law in the Context of Jurisprudence and Road Safety

Název česky Aktuální otázky českého dopravního práva v kontextu judikatury a bezpečnosti v dopravě


Rok publikování 2018
Druh Další prezentace na konferencích
Fakulta / Pracoviště MU

Právnická fakulta

Popis Deaths and severe injuries caused by road accidents are far-reaching. It affects not only the life of people involved in the accident (primary victims) but also a life of other people (mainly members of a family, etc. - secondary victims) and those accidents have also a significant impact on a state budget. For all these reasons improving road safety should be one of the main topics of the state policy. There are more ways how to improve road safety of the country, but the effective legislation and enforcement are between the most important ones. Our article will focus on the road traffic legislation of the Czech Republic from the perspective of the road safety. With the use of the relevant case-law it will demonstrate how is the road safety approached by the Czech legislator, administrative authorities and by the Czech courts – those views are equally important. Correct and effective legal regulation of sanctions for traffic offences and the possibility of individualisation by the administrative authorities and judicial control, those are all factors which influence the preventive effect (general and individual) of the punishment, and those factors can help to improve road safety. This article will bring up selected recent legal questions of Czech road traffic law, such as: consequences of material aspect of the offence; character of demerit point system; constitutionality of the owners/drivers liability; discussion about introduction of fixed penalties, etc.