5.1. Basic road traffic regulations

Act No. 361/2000 concerning road traffic and amending certain acts (Road Traffic Act) as amended^[1] is a comprehensive set of rules applicable to all road users in the Czech Republic.

The Diplomatic Protocol keeps a record of traffic offences committed by persons enjoying privileges and immunities.

The current version of road traffic regulations is available in Czech e.g. at BESIP. The most important rules in English with illustrations are available at BESIP.

The Diplomatic Protocol requests diplomatic missions, consular posts and international organizations to familiarize themselves thoroughly with Czech road traffic regulations. In the interest of the safety of all road users, each mission should, as far as possible, inform travellers about Czech road traffic regulations.  

---

[1] Act No. 361/2000 concerning road traffic and amending certain acts (Road Traffic Act) as amended.

5.1.1. Frequent traffic offences

• Unlawful parking and stopping offences, including parking in a handicapped zone or without a paid parking fee;
• Running at red lights or failing to give way to a vehicle;
• Excessive speeding (breaking the speed limit by 20kmph or more in a built-up area or by 30kmph or more in a rural area);
• Passing motor vehicles in situations when prohibited;
• Driving a motor vehicle without third party liability insurance (green card), without a valid roadworthiness certificate or driving a motor vehicle that is in unsuitable condition;
• Using a hand-held phone or other device while driving;
• Driving a motor vehicle while under the influence of alcohol or other addictive substances,    or immediately after taking an alcoholic beverage or other addictive substance;
• Traffic accidents caused by privileged persons resulting in extensive damage (i.e. exceeding CZK 100,000);
• Carrying out U-turns, driving in reverse or in opposite direction on a motorway or highway;
• Traffic offences committed by drivers who do not hold a driving licence valid in the Czech Republic, drivers below the statutory age limit for a Czech driving licence, and drivers physically or mentally unfit to drive;
• Leaving a scene after an accident and failing to provide first-aid;

Repetition of these offences increases their seriousness; some may even constitute a crime.

5.2. Investigation of traffic offences involving persons enjoying privileges and immunities

The Diplomatic Protocol recommends persons enjoying privileges and immunities who become involved in a traffic accident or commit a traffic offence to cooperate as much as possible with the Czech Republic Police or municipal police. Cooperative approach will help bring the case to a conclusion without unnecessary problems.

5.2.1. Staff categories with limited range of privileges and immunities

5.2.2.1. Administrative and technical staff and their family members

Due to limited range of privileges and immunities in the case of administrative offenses, the mission is always asked by the Ministry of Foreign Affairs of the Czech Republic to confirm whether the staff member was performing any duties related to his/her official functions at the time of the offence and to specify the duties. The information provided must be credible.

Family members of the administrative and technical staff do not enjoy immunity from the administrative jurisdiction of the Czech Republic. The staff of some international organizations do not enjoy any immunity in the case of traffic offences (see relevant agreements – Host Country Agreements).

5.2.1.2. Locally engaged staff

In the Czech Republic, persons employed with a diplomatic mission, consular post, international organization or their offices (referred to as “locally engaged staff”), who are not registered with the Diplomatic Protocol, do not enjoy any privileges and immunities. Any documents identifying them as members of the staff of the mission are accepted only as a proof of their employment relationship. Such documents do not entitle the holder to any privileges and immunities. The only valid evidence of entitlement to privileges and immunities is the ID card issued by the Diplomatic Protocol of the Ministry of Foreign Affairs of the Czech Republic. However, the ID cards are not issued to this staff category.

5.2.1.3. Honorary consular offices

Honorary consuls serving in the Czech Republic are Czech nationals or permanently resident in the Czech Republic and therefore do not enjoy immunity from the administrative jurisdiction of the Czech Republic[2], including in the case of traffic offences. The driving of motor vehicles is not an “official act” performed in the exercise of consular functions in terms of consular conventions, with the exception of special cases relating to consular assistance.

---

[2] Article 71 of the Vienna Convention on Consular Relations.

5.2.1.4.Diplomatic agents and their family members passing in transit through the Czech Republic[3]

Foreign diplomatic agents accredited to countries other than the Czech Republic (and their family members) enjoy inviolability and immunity from the administrative jurisdiction of the Czech Republic if they pass in transit through the territory of the Czech Republic while proceeding to take up or return to their post or while returning to their own country after their diplomatic functions have come to an end. They do not enjoy these privileges and immunities if they travel on private business. 

---

[3] Article 40 of the Vienna Convention on Diplomatic Relations.

5.2.2. Investigation of traffic offences

5.2.2.1. Evidence of identity and range of privileges and immunities

Czech legislation (Act No. 326/1999 concerning the residence of foreigners in the territory of the Czech Republic[4]) requires every foreigner to present an identity document (a travel document, a residence document or an ID card issued by the Ministry of Foreign Affairs to persons enjoying privileges and immunities under international law) whenever requested by a Czech Republic Police or municipal police officer.

If the holder fails to present the ID card, the police have no way to ascertain his/her identity and entitlement to privileges and immunities.

Act No. 273/2008 concerning the Czech Republic Police[5] and Act No. 553/1991 concerning municipal police forces[6] give police officers the power to request evidence of identity from drivers suspected of committing an offence as well as from other persons who are required to provide an explanation to the police.  

---

[4] Section 103 (c) of Act No. No. 326/1999 concerning the residence of foreigners in the territory of the Czech Republic as amended.

[5] Section 63 of Act No. 273/2008 concerning the Czech Republic Police as amended.

[6] Sections 11 and 12 of Act No. 553/1991 concerning municipal police forces as amended.

5.2.2.2. Procedure following evidence of identity

When a public authority (police, municipal or regional) finds that a driver who has committed a traffic offence or been involved in a traffic accident enjoys diplomatic privileges and immunities in the Czech Republic, the police ask the Diplomatic Protocol to confirm the fact. On the basis of information received from the Diplomatic Protocol, the police either discontinue the case, or proceed with it.

Persons enjoying privileges and immunities should always carry the ID card issued by the Ministry of Foreign Affairs of the Czech Republic. The card serves as evidence of the person’s identity and of his/her entitlement to privileges and immunities.

A copy of the police notice confirming that the case has been discontinued is sent to the mission through the Diplomatic Protocol, including the note advising that Czech road traffic regulations must be observed.

5.2.2.3. Breath test, driving disqualification

The Czech Republic fully respects the international conventions concerning privileges and immunities, including the rules that exempt some persons from the administrative or criminal jurisdiction of the receiving State. However, these conventions also require that persons enjoying privileges and immunities should respect the laws and regulations of the receiving State. According to the laws and regulations of the receiving State[7], the Czech Republic Police, municipal police and other personnel authorized by law have the power to request any person, including persons enjoying privileges and immunities, to take the breath test. Taking the test is the only effective way to eliminate suspicions of impaired driving. Drivers who refuse to take alcohol or substance tests are deemed to have been driving under the influence of alcohol or addictive substances.[8]

In the interest of the safety of all road users, and for their own safety, the Diplomatic Protocol urges driver enjoying privileges and immunities to effectively cooperate when stopped by the Czech Republic Police or municipal police and to take the breath and substance tests.  

In case a driver enjoying privileges and immunities is stopped by the police and ordered not to drive further, the police inform the diplomatic mission, consular post or international organization and the Ministry of Foreign Affairs of the Czech Republic (the Diplomatic Protocol during working hours, or the Operations and Information Centre outside working hours).

The Czech Republic Police have the power to seize driving licences in exceptional cases. The holder will be disqualified from driving motor vehicles until his/her licence is returned.[9]  

Contact details

During working hours:

Diplomatic Protocol of the Ministry of Foreign Affairs of the Czech Republic

Tel.: 224 182 296

Outside working hours:

Operations and Information Centre of the Ministry of Foreign Affairs of the Czech Republic

Tel.: 224 182 425, 224 182 837

---

[7] Section 5, paragraph 1 (f) and (g) of Act No. 361/2000 concerning road traffic as amended.

[8] Section 20, paragraph 2 of Act No. 65/2017 concerning health protection from the harmful effects of drugs as amended.

[9] Section 118a, paragraph 1 (c), (d), (e), (f) and Section 118b, paragraphs 1 and 2 of Act No. 361/2000 concerning road traffic as amended.

5.2.2.4. Exceptional measures of self-defence and situations dangerous to life

In accordance with general international law, the case-law of international courts, the opinion of the United Nations International Law Commission and the prevailing practice of States, the principle of personal inviolability of diplomatic agents, consular officers and officers of international organizations does not exclude measures of self-defence (e.g. when a police officer has to defend himself/herself against an assault by a person enjoying privileges and immunities who is obviously intoxicated) and measures to prevent the person from committing crimes or offences or from exposing himself/herself to situations dangerous to his/her own life and health. These measures are admissible only as an immediate reaction to the person’s conduct. In such cases, the Czech Republic Police or municipal police inform the mission and the Diplomatic Protocol of the Ministry of Foreign Affairs of the Czech Republic as soon as possible.

In exceptional cases, a vehicle with a diplomatic registration plate may be towed away. This may happen especially if the vehicle is parked in a reserved parking area without proper authorization (unauthorized parking violates the public interest as well as the individual rights of the persons for whom the parking area is reserved). In such cases, the Czech Republic Police or municipal police first contact the owner of the vehicle in cooperation with the Diplomatic Protocol. Removal of the vehicle is a measure of last resort to be taken only if the owner does not comply. In case the vehicle poses a road safety risk or obstructs traffic (e.g. if the vehicle is parked in front of a hospital entrance or on a pedestrian crossing), the Czech Republic Police and municipal police may have the vehicle towed away immediately.[10] The owner is contacted afterwards through the Diplomatic Protocol or the Operations and Information Centre of the Ministry of Foreign Affairs. The towing away fee is paid by the owner. 

---

[10] Section 45, paragraph 4 of Act No. 361/2000 concerning road traffic as amended.

5.3. Measures relating to violation of road traffic regulations

5.3.1. Types of measures

Depending on the circumstances and gravity of the offence, the Ministry of Foreign of the Czech Republic may take the following steps:

5.3.1.1. Interview

In cases where the Diplomatic Protocol finds that the explanation in person is required, a representative of the mission concerned will be invited for an interview and asked to take appropriate action. This may be limited to internal measures (e.g. cautioning a staff member or taking disciplinary action). However, in any case, the Diplomatic Protocol must be informed about the steps taken.

5.3.1.2. Request to waive the offender’s immunity from the Czech jurisdiction

The Diplomatic Protocol may also request that the sending State waive the offender’s immunity from the jurisdiction of the Czech Republic in accordance with Article 32 of the Vienna Convention on Diplomatic Relations or Article 45 of the Vienna Convention on Consular Relations. If the mission refuses the request, the Ministry of Foreign Affairs will consider (taking into account the principle of reciprocity) further steps.

5.3.1.3. Limiting access to the facilities to which there is no legal entitlement

Additional measure may include the limiting of access to the facilities to which there is no legal entitlement (e.g. suspending refunds of the VAT paid on motor vehicle fuel) or to restrict the registration of motor vehicles.

5.3.1.4. Declaring a person non grata or not acceptable

In cases where all other steps have no effect and the mission concerned or the privileged person show no effort to solve the offence, the Ministry of Foreign Affairs of the Czech Republic can declare this person non grata or not acceptable in accordance with Article 9 of the Vienna Convention on Diplomatic Relations or Article 23 of the Vienna Convention on Consular Relations.

5.3.2. Liability of registered vehicle keepers – measures in situations where the offending driver is not identified 

The registered vehicle keeper is deemed liable for offences involving the vehicle in cases where the offence is captured by a camera system (or another automated devices without an operator), or in cases of unlawful stopping or parking, but the suspected offender (driver) cannot be identified.[11]

As a rule, this happens in the case of speeding, red light running, lane hogging, unlawful stopping and parking offences, etc. The Czech Republic has a relatively dense network of traffic enforcement cameras monitoring road traffic and recording offences, including speed-over-distance cameras in tunnels. 

If the offending driver is not identified, the municipal office with delegated powers issues a penalty charge notice to the registered keeper (a mission or a member of its staff, an international organisation or a member of its staff) immediately on learning about the offence (but before commencing the traffic offence proceedings). However, the registered keeper can be discharged from liability if it pays the penalty voluntarily or identifies the offending driver.

The Ministry of Foreign Affairs is informed about all traffic offences committed by the members of the staff of diplomatic missions or international organisations, including traffic offences involving the motor vehicle registered as being kept by these subjects and captured by a camera system or another automated devices without an operator.

In case a registered vehicle keeper has a significant record of road traffic offences, the Diplomatic Protocol will inform the mission about this fact at least once a year. The head of the mission will be requested to take adequate steps and, in addition, the Diplomatic Protocol will consider steps to limit access to the facilities to which there is no legal entitlement or to restrict the registration of motor vehicles.

---

[11] Section 125f Act No. 361/2000 concerning road traffic as amended.

5.4. Parking of vehicles of persons enjoying privileges and immunities

Note: For detailed instructions about parking at the Prague Airport, see Chapter XI – Václav Havel Airport Prague (Prague Airport) – access and movement rules for persons enjoying diplomatic privileges and immunities.

5.4.1. Paid parking zones

Municipalities may set up paid parking zones as part of their parking control policies. The fees charged for on-street parking in the zones are subject to the applicable laws and regulations concerning prices.[12] The zone may be designated for short-stay parking (up to 24 hours) or residential parking. The driver must either buy a parking pass (in residential parking zones) or pay at a parking meter (in short-stay parking zones). The payment of a parking fee is a payment for a service (use of parking space in a paid parking zone), which means that persons enjoying privileges and immunities are not exempted from paying it.  

---

[12] Section 23 of Act No. 13/1997 concerning roads as amended.

5.4.2. Parking – reciprocal reservation of free or paid parking spaces for diplomatic missions and consular posts

Reservation of free parking spaces for the use of diplomatic missions, consular posts and international organizations in the Czech Republic is subject to reciprocity. If the existence of reciprocal terms and conditions cannot be confirmed for objective reasons, the approach is based on the Vienna Convention on Diplomatic Relations[13] or a similar instrument, taking into account the obligation to accord full facilities for the performance of the functions of the mission, and with due regard to the security situation and general circumstances of the diplomatic mission, consular post or international organization (type of the mission, its staff, level of bilateral relations).

The rules concerning the reservation of free parking spaces in Prague for the use of diplomatic missions, consular posts and international organizations accredited to the Czech Republic are set out in a general municipal by-law[14]. To reserve parking spaces, the diplomatic mission, consular post or international organization must conclude a written contract with the Prague Roads Administration Authority.

---

[13] Article 25 of the Vienna Convention on Diplomatic Relations. 

[14] Section 6, paragraph 1 of Capital City of Prague Regulation No. 5/2011 concerning local fees related to the occupation of public space.

5.4.2.1. Applying for a parking space contract

Before applying for the contract, the diplomatic mission, consular post or international organization seated in Prague must ask the traffic department of the municipal district office for preliminary consent and confirmation that the proposed parking arrangement that will not obstruct or hinder traffic. At the same time, the mission must send to the Diplomatic Protocol a note asking for confirmation that the proposed parking arrangement complies with the principle of reciprocity. On receiving a reply from the Diplomatic Protocol, the mission must contact the Prague Roads Administration – Sales and Marketing Department. The application for a parking space contract (see the Annex for the application form) must be accompanied by the note from the Diplomatic Protocol, the letter of consent from the traffic department of the municipal district office, and a sketch showing the proposed location of the parking space in the street.

On the basis of this information and the Diplomatic Protocol’s note, the Prague Roads Administration will conclude with the mission a parking space loan contract or a parking space lease contract.

After concluding the contract with the Prague Roads Administration, the mission must again contact the traffic department of the municipal district office and ask it to confirm that the parking spaces will be reserved for the mission pursuant to the contract. The parking space reservation is valid for one year. On the basis of the traffic department’s reply, the mission may order the manufacture and installation of the necessary traffic signs and road surface markings from any traffic sign company. The costs are paid by the mission. The traffic signs and road surface markings are the mission’s property and the mission must maintain or renovate them at its own expense. When the mission is relocated or closed down, the traffic signage must be restored to its original condition.  

5.4.2.2. Renewing the parking space reservation

The mission must annually request the traffic department of the municipal district office to confirm that the parking spaces will be reserved for another year. The request must be presented no later than one month before the end of the period indicated in the letter confirming the reservation for the past year.

The parking space contract with the Prague Roads Administration is normally concluded for an indefinite period. However the Prague Roads Administration requires missions to annually present the letter from the district traffic department confirming that the parking space reservation will be valid for another year. This requirement is mentioned in the contract. 

5.4.2.3. Changing the parking space reservation

In case the mission needs to change the parking space contract (before relocating, closing down, etc.), it must send a written request to the Prague Roads Administration and then follow the Roads Administration’s instructions. If necessary, the mission may also contact the Diplomatic Protocol of the Ministry of Foreign Affairs of the Czech Republic. 

Contact details

Prague Roads Administration Authority
Mrs. Ambrožová
Tel: 257 015 319

5.5. Annexes

To download on the website www.mzv.cz/protocol - Formuláře / Forms