This chapter refers mainly to Road Traffic Act No. 361/2000.

 

Article 41 of the Vienna Convention on Diplomatic Relations (the “VCDR”) requires all persons enjoying privileges and immunities to respect the laws and regulations of the receiving State, including road traffic rules. Current road traffic rules can be found at www.ibesip.cz (in Czech) and at BESIP (in English), and in circular notes No. 126388/2022-DP and No. 103094/2023-MZV/DP. 

 

5.1. What happens after a traffic offence or accident?

The Diplomatic Protocol of the Ministry of Foreign Affairs of the Czech Republic (the “Diplomatic Protocol”) recommends that a driver enjoying privileges and immunities who becomes involved in a traffic accident or commits a traffic offence should cooperate with the Police of the Czech Republic (or the municipal police) as much as possible.  

 

All foreign nationals are obliged to present their identity documents on request to the Police of the Czech Republic (or the municipal police). The identity documents include the travel document, a residence permit card or the ID card issued by the Ministry of Foreign Affairs of the Czech Republic to persons enjoying privileges and immunities (the “ID card”). There is no other way to determine whether the person concerned enjoys diplomatic privileges and immunities. This verification of identity is not contrary to Article 29 of the Vienna Convention on Diplomatic Relations (personal inviolability) or any similar convention. The Police of the Czech Republic (as well as the municipal police and other personnel authorised to do so by law) have the right to request drivers, including those enjoying privileges and immunities, to take the alcohol breath test. Drivers who refuse to take tests for alcohol and/or controlled substances are deemed to have been driving while under the influence.

 

If the public authorities conclude that the driver is likely to be a person enjoying privileges and immunities in the Czech Republic, they request the Ministry of Foreign Affairs of the Czech Republic to confirm the driver's status. Depending on the result, the proceedings are either discontinued or allowed to continue. If the driver chooses not to invoke his or her privileges and immunities, the proceedings continue in any case. If the proceedings are discontinued, a police notice confirming the fact is sent to the diplomatic mission, consular post or office of an international organisation (the “mission”) through the Diplomatic Protocol, and the mission and its staff are cautioned to respect road traffic rules.

 

5.2. The personal inviolability rule does not apply in some situations

The personal inviolability of persons enjoying privileges and immunities does not exclude measures of self-defence or measures to prevent the person from committing crimes and offences. In such situations, the Police of the Czech Republic (or the municipal police) notify the mission and the Diplomatic Protocol as soon as possible.

 

The same applies in situations when parked vehicles with diplomatic registration plates must be towed away. Drivers who park in a reservation-only parking area without authorisation are acting against the public interest and infringing the subjective rights of authorised users of the reservation-only parking area. In such cases, the Police of the Czech Republic (or the municipal police) first work together with the Diplomatic Protocol to notify the owner of the vehicle. If the owner does not remove the vehicle, the vehicle is towed away. A vehicle that is parked dangerously and/or causes an obstruction may be towed away without prior notice - this may happen, for example, when a vehicle obstructs access to a hospital entrance gate, or is parked on pedestrian crossings or tram rails. The owner of such a vehicle is notified only after the vehicle has been towed away. The notice is given to the owner through the Diplomatic Protocol or the Operations and Information Centre at the Ministry of Foreign Affairs of the Czech Republic (the “OIC”). The costs associated with the removal of the vehicle are paid by the owner. 

 

A driver enjoying privileges and immunities may be pulled over and ordered not to drive on. The Police of the Czech Republic are authorised to seize driving licences. If necessary, the police notify the mission and the Diplomatic Protocol (in office hours, tel. 224 182 296) or the OIC (outside office hours, tel. 224 182 425 or 224 182 837). The mission is requested to send a staff member who will take the vehicle and the unfit driver to the mission's premises or home.

 

5.3. Privileges and immunities relevant to road traffic

The privileges and immunities that come into play in the context of road traffic depend on the staff category (in terms of the VCDR or a similar convention) in which the person concerned (staff member or family member) is registered with the Diplomatic Protocol.

 

Diplomatic agents and family members forming part of their household enjoy immunity from the criminal and administrative jurisdiction of the receiving State.

 

The immunity of members of the administrative and technical staff from administrative jurisdiction does not extend to acts performed outside the course of their duties. This is the reason why the Diplomatic Protocol requests the mission to provide reasonable information on the exact duties performed by the offending driver at the time of the offence. Family members of the administrative and technical staff do not enjoy immunity from administrative jurisdiction.

 

The staff of international organisations do not, as a rule, enjoy any immunities relevant to road traffic (detailed rules may be contained in the respective host country agreement). 

No immunities are accorded to locally hired staff (employees who are nationals and permanent residents of the Czech Republic, not registered with the Diplomatic Protocol and not holding ID cards). Documents issued to such employees by the mission serve as evidence of an employment relationship only.

 

Honorary consuls are nationals of or permanently resident in the Czech Republic, and as such they do not enjoy immunity from administrative jurisdiction in the context of road traffic. Driving is not an official act performed in the exercise of their functions, except for special situations where the honorary consul demonstrably needs to drive when providing consular assistance.  

 

5.4. Driving in transit through the Czech Republic

If a diplomatic agent accredited to a third country (and accompanying family members) passes through or is in the Czech Republic while proceeding to take up or to return to his or her post (if the journey is recognised as travel on official business), or when returning to his or her own country, the Czech Republic accords him or her inviolability and such other immunities as may be required to ensure his or her transit or return (free transit). However, he or she does not enjoy immunity from the Czech Republic's jurisdiction. The same applies, mutatis mutandis, to the administrative and technical staff and their family members.

 

5.5. When the offending driver is not identified

If the offending driver cannot be identified, liability rests with the owner of the vehicle – this may be the case, for example, with traffic camera offences and parking offences. Municipalities may request the owner to either pay the penalty or identify the offending driver. In the latter case, the owner may be discharged from liability. The Diplomatic Protocol is notified. 

 

5.6. Parking

Prague offers the following on-street parking options: free parking zones (parking free of charge), reservation-only parking zones (reservation-only parking available for payment or free of charge), and paid parking zones (short-term and long-term parking). 

 

The parking fee is deemed to be a fee for specific services rendered in terms of Article 23 of the VCDR. This means that missions and their staff are not exempted from the obligation to pay parking fees. The practice of not paying the parking fee and seeking to avoid the resulting penalty with reference to diplomatic privileges and immunities is regarded by the Diplomatic Protocol as misuse of diplomatic privileges and immunities. 

 

5.6.1. Reserving parking spaces

Reservation of on-street parking spaces in Prague is subject to the decision of the Prague City Council. It is also the Prague City Council who sets the rules for parking space reservation. 

 

The exact location for the requested parking spaces is chosen by the Prague City Hall or the Municipal District Authority with reference to the overall situation in the neighbourhood, the capacity of public roads and other relevant circumstances. The chosen location may be in front of the mission's chancery but also elsewhere in the immediate neighbourhood.

 

Once the traffic department of the Prague City Hall or Municipal District Authority decide on the reservation of parking spaces, the mission must enter into a contract in writing with the Prague Roads Authority (Technická správa komunikací hl. m. Prahy, a.s.). The Prague Roads Authority will install road signage to mark off the reserved parking spaces in accordance with the decision of the traffic department of the Prague City Hall or Municipal District Authority decision.

 

Contact details:

• Magistrát hl. m. Prahy, odbor dopravy (Prague City Hall, Traffic Department), tel. 236 004 450
• Technická správa komunikací hl.m. Prahy, úsek služeb veřejnosti, oddělení obchodní (Prague Roads Authority, Public Services Department, Commercial Contracts Office tel. 722 980 756

 

Free-of-charge parking space reservation is strictly subject to reciprocity. The principle of reciprocity is deemed to be satisfied if the Czech mission in the country concerned has parking spaces reserved exclusively for its use, free of charge, with traffic signage showing that the parking spaces are to be used by the Czech mission only. 

 

How to reserve parking spaces free of charge:

-       The mission obtains from the Diplomatic Protocol a note confirming that the principle of reciprocity is satisfied. The mission presents the note to the Municipal District Authority's traffic department with a request for provisional consent. The provisional consent means only that the reservation of parking spaces would not be a problem as far as the local traffic situation is concerned. 

-       The mission requests the Prague Roads Authority to enter into a contract for loan of parking spaces. The contract form (in Czech only) is available at Formuláře / Forms | Ministerstvo zahraničních věcí České republiky and on the Prague Roads Authority website (Vyhrazená stání pro velvyslanectví - TSK Praha). The request must be accompanied by the Diplomatic Protocol's note, the Municipal District Authority's statement of provisional consent, and a sketch showing the location of each parking space in the public road (the sketch is prepared by the Municipal District Authority's traffic department and enclosed with the statement of provisional consent). If the person who signs the request is not the head of mission, it is necessary to enclose a power of attorney permitting the person to sign on behalf of the head of mission. 

-       The Prague Roads Administration publishes a notice that the part of a public road in question is about to be loaned. The notice is posted on the Prague City Hall's online notice board and remains there for 15 days. At the end of this period, the Prague Roads Administration removes the public notice, finalises the loan contract and sends it to the mission for signature. Once both parties sign the loan contract, the mission presents the contract (through the Diplomatic Protocol) to the Municipal District Authority's traffic department with a request to reserve the parking spaces. The Municipal District Authority's traffic department initiates administrative proceedings to decide on a special use of a public road. Once the decision is made, the Prague Roads Administration marks the parking spaces with traffic signage. 

 

Requests to reserve or relocate a free-of-charge parking spaces or to renew a loan contract must be presented through the Diplomatic Protocol.  

 

If the principle of reciprocity is not satisfied, the mission has the option to reserve parking spaces for payment. The reservation is subject to an exemption granted by the Prague City Council. The possibility to get the exemption (which is not available to other road users) is considered a benefit that greatly facilitates the performance of the functions of missions.

 

How to reserve parking spaces for payment:

-       The mission presents to the Municipal District Authority's traffic department a request for provisional consent. The provisional consent means only that the reservation of parking spaces would not be a problem as far as the local traffic situation is concerned. 

-       If the mission wants to reserve parking spaces in a paid parking zone, it must present to the Prague City Council (through the Prague City Hall's traffic department) a request for a one-off exemption from the Rules for the Establishment of Paid Parking Zones. The request must be accompanied by the Municipal District Authority's statement of provisional consent, and a sketch showing the location of each parking space in the public road (the sketch is prepared by the Municipal District Authority's traffic department and enclosed with the statement of provisional consent). The Prague City Council will pass a resolution to grant the exemption. 

-       The mission requests the Prague Roads Authority to enter into a contract for the lease of parking spaces. The contract form (in Czech only) is available at Formuláře / Forms | Ministerstvo zahraničních věcí České republiky and on the Prague Roads Authority website (Vyhrazená stání pro velvyslanectví - TSK Praha). The request must be accompanied by a statement of provisional consent from the Municipal District Authority's traffic department and a sketch showing the location of each parking space in the public road (the sketch is prepared by the Municipal District Authority's traffic department and enclosed with the statement of provisional consent). If the person who signs the request is not the head of mission, it is necessary to enclose a power of attorney permitting the person to sign on behalf of the head of mission.  If the parking spaces are to be located in a paid parking zone, the mission must enclose a resolution of the Prague City Council granting the one-off exemption from the Rules for the Establishment of Paid Parking Zones.

-       The Prague Roads Administration publishes a notice that the part of a public road in question is about to be leased. The notice is posted on the Prague City Hall's online notice board and remains there for 15 days. At the end of this period, the Prague Roads Administration removes the public notice and sends the mission a schedule of lease payments payable on specified dates until the end of the given year. The Prague Roads Administration then finalises the lease contract and sends it to the mission for signature. Once both parties sign the loan contract, the mission presents the contract (through the Diplomatic Protocol) to the Municipal District Authority's traffic department with a request to reserve the parking spaces. The Municipal District Authority's traffic department initiates administrative proceedings to decide on a special use of a public road. Once the decision is made, the Prague Roads Administration marks the parking spaces with traffic signage.  The decision of the Municipal District Authority's traffic department includes a schedule of payments for the lease public land.  

 

If a mission reserves parking spaces for payment, the Diplomatic Protocol will arrange for the delivery of the related correspondence through diplomatic channels, if asked to do so by the mission. The Diplomatic Protocol will issue no documents confirming the mission's entitlement to parking spaces. If requested by the mission, the Diplomatic Protocol will only confirm the addresses of the mission's chancery and residence as listed in the Diplomatic List.    

5.6.2. Paid parking zones

Municipalities may set up zones where on-street parking is subject to a fee. The fee is set in accordance with the applicable pricing legislation. The paid parking zone may be designated for short-term parking (no more than 24 hours) or long-term parking. The driver pays at a parking meter (in short-term parking zones) or buys a parking permit (for long-term parking zones). Additional information (Czech and English) is available at https://parking.praha.eu.  

 

Each Municipal District Authority has a Parking Permit Office where the permits are issued. Contact details for all Parking Permit Offices in Prague are available at https://parking.praha.eu. Applicants for the parking permit must present originals or certified copies of the relevant documents. The applicant is allowed to anonymise the documents by obscuring or masking the data; however, only those that are not relevant to the parking permit. Data relevant to the parking permit must not be obscured or masked – otherwise, the Parking Permit Office does not accept the document. If the applicant is unable to personally visit the Parking Permit Office, the person presenting the application on the applicant's behalf must have a power of attorney issued by the applicant (the applicant's signature need not be notarised).

 

There are two options for long-term parking in paid parking zones: resident parking and business parking.

Resident parking permits are issued to individuals permanently residing in the respective paid parking zone. The staff and employees of missions, and the members of the families of the staff of missions, must present a valid ID card issued by the Ministry of Foreign Affairs of the Czech Republic and a certificate from the Diplomatic Protocol confirming their residence address. Requests for residence address certificates must be sent to the Diplomatic Protocol by email to dp.flights.security@mzv.gov.cz. The email must contain a pre-filled certificate (form available at Formuláře / Forms | Ministerstvo zahraničních věcí České republiky). If the information given in the pre-filled certificate corresponds to the Diplomatic Protocol's records, the certificate is endorsed and the applicant can collect it from the reception desk at the Ministry of Foreign Affairs (Czernin Palace). Applicants for a parking permit must have a legal relationship to the vehicle for which the permit is sought. If the vehicle is not found in the Road Vehicles Registry, the applicant is asked to present the vehicle's Registration Certificate naming the applicant as the owner. Finally, the applicant must pay the parking fee (persons aged over 65 years may get a discount). More information about the parking fees and methods of payment can be obtained from the local Parking Permit Office.

Business parking permits are available to businesses (legal entities) with a registered office or place of business (that is, a mission's chancery or office of an international organisation) located in a paid parking zone. The Parking Permit Office verifies the address by consulting the Companies Registry, Business Registry and/or the Cadastre of Real Estate. If the chancery or office is not registered in any of the above or if the mission does not have a business identification number (IČ), the applicant must present a certificate from the Diplomatic Protocol confirming the chancery or office address. Requests for certificates confirming the address of a chancery or office must be sent to the Diplomatic Protocol by email to dp.flights.security@mzv.gov.cz. The email must contain a pre-filled certificate (form available at Formuláře / Forms | Ministerstvo zahraničních věcí České republiky). If the information given in the pre-filled certificate corresponds to the Diplomatic Protocol's records, the certificate is endorsed and the applicant can collect it from the reception desk at the Ministry of Foreign Affairs (Czernin Palace). Applicants for a parking permit must have a legal relationship to the vehicle for which the permit is sought. If the vehicle is not found in the Road Vehicles Registry, the applicant is asked to present the vehicle's Registration Certificate naming the applicant as the owner. Finally, the applicant must pay the parking fee. More information about the parking fees and methods of payment can be obtained from the local Parking Permit Office.

Other available types of parking permits include, among others, a property owner's parking permit, transferrable parking permit or electric vehicle parking permit. More information about the different types of parking permits can be obtained from the local Parking Permit Office. Where necessary for the purposes of these types of parking permits, the Diplomatic Protocol will issue a Certificate of Residence (individuals) or a Certificate of Registered Office (missions).

 

5.7. What happens when the Diplomatic Protocol is notified of a traffic offence?

The Diplomatic Protocol keeps a record of traffic offences committed by persons enjoying privileges and immunities. If the offence is serious, the mission's representative may be invited to the Ministry of Foreign Affairs of the Czech Republic and asked to take the appropriate measures and to notify the Diplomatic Protocol once the measures are in place. The sending State may be asked to waive (or not to invoke) the offending driver's immunity from the jurisdiction of the Czech Republic. These measures may be supported, for example, by limiting the availability of facilities to which there is no statutory entitlement and/or by restricting the possibility to register vehicles. Declaring the offending driver persona non grata would be a measure of last resort.

Annexes

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