Objective responsibility of the vehicle operator

The operator of the vehicle shall be understood within the meaning of Section 2 (b) of the Road Traffic Act”a person who, as an operator, is registered in the register of road vehicles or similar registers of another State“.1 The definition of the operator is thus based on the registration principle, the key aspect being not the right of ownership, but the entry in the register itself. Moreover, in relation to the operator's ability to ensure compliance with the obligations under the Road Traffic Act, the constitutional norm that ownership is binding cannot be ignored. 2 Since in most cases the operator of the vehicle is also its owner, and if not, it is usually its owner and user, the provisions of Article 11 (3) of the LZPS can also be applied appropriately to the operator of the vehicle. 3

The objective responsibility of the operator of the vehicle is constructed as a secondary responsibility. According to the dictation of section 125f (5) of the Road Traffic Act, it is stated that the proceedings against the operator of the vehicle are initiated only if the administrative authority fails to identify the offender. The primary objective is always to punish the actual perpetrator of the offence, but since the administrative authority can very easily fall into an evidential emergency, not discover the identity of the offender and the offence would go unpunished, the objective liability of the operator is a guarantee that the offence will be punished.4

It follows from the essence of that responsibility that no fault is required for its fulfilment. 5 In order to derive objective liability, the fact that a natural or legal person has breached or failed to fulfil an obligation established by law or on the basis of it is sufficient to derive objective liability. Guilt is not an obligatory sign of a misdemeanor, because if it were, objective liability could not arise in most cases.6

The conditions for exercising objective liability are specified in Section 125f (2) of the Road Traffic Act:

1. Violation of the rules of traffic on roads must meet the signs of an offense according to the relevant law. 7
   As part of the substance of the offence, it must be stated whether culpability is necessary to commit it or whether an omission of a legal obligation is sufficient. Objective liability thus fills the gap between the unlawful state created by the actions of the offender and the violation of the legally imposed duty.
2. Detection of a violation by automated technical means without an operator or when the vehicle is stopped or stopped unlawfully. The Ministry of Transport states in Opinion No 102/2013-160-OST/4 of 29 May 2013 that these are permanently installed and designed devices without operator participation — e.g. radar systems which do not stop vehicles or identify drivers after speed measurement.
3. Violation of the rules that does not result in a traffic accident.8 By a traffic accident we mean “an event in traffic on a road, such as an accident or collision that occurs or has been initiated on a road road and in which a person is killed or injured
   or damage to property in direct connection with the operation of a moving vehicle"9.

The objective responsibility of the vehicle operator was subject to a test of constitutionality. The Constitutional Court in a finding dated 16.5.2018, sp. no. The pl. ÚS 15/16, stated that this institute does not contradict the constitutional order of the Czech Republic. At the same time, he stressed that the operator of the vehicle has the possibility to absolve himself of liability by identifying the driver who was driving the vehicle at the time of the offence. At the same time, the objective liability of the vehicle operator has repeatedly been the subject of decisions of the Supreme Administrative Court, which, for example, in judgment of 11.12.2014, No. 3 As 7/2014 — 21, affirmed that “... it is entirely appropriate if the legislator has chosen the objective form of liability of the operator of the vehicle, who, as the owner of the thing - the instrument of the commission of illegality - is, from the point of view of public law, the primary identifiable and concrete form of responsibility person. 10

Subsequent case-law deals with specific aspects of the application of this Institute. In view of the foregoing, the author of the article considers it necessary to refer to the judgment of the Supreme Administrative Court No. 4 As 209/2022-30, in which it was confirmed that if the operator identifies a driver but does not confess to the offense, the responsibility for the offense continues to be borne by the operator of the vehicle.

A fine may be imposed for the vehicle operator's offence, which is the only possible sanction that can be imposed for that offence. The amount of this fine is based on the range established by the law for an offence which shows signs of a violation of the driver's duty or traffic rules on roads.
However, the fine must not exceed the limit of CZK 10,000. If a fine is imposed for multiple offences that have been discussed in joint proceedings, the upper limit of the penalty rate that can be imposed for the most severely criminal offence is increased to five times. If the fine is imposed by an order on the spot, it shall not exceed CZK 10,000.11

In addition, the law provides for liberating grounds on which the operator of the vehicle may absolve himself of his objective liability:

1. if the operator of the vehicle proves that the vehicle was stolen at the time of the offence,
2. where the operator of the vehicle proves that the plate with the number plate assigned to it has been stolen,
3. the operator has submitted an application to amend the operator's registration in the register of road vehicles. 12

The operator is obliged to prove the existence of liberating grounds. Thus, the burden of proof lies with the operator, and the municipality authority with extended powers is not obliged to actively ascertain whether, in a particular case, any of the liberatory reasons is fulfilled or not. 13

Objective responsibility of the vehicle operator is a tool for ensuring road safety and preventing traffic violations. Supported by case law as well as professional literature, this legal construction emphasizes the responsibility of the persons who provide their vehicles for use. It ensures that even in cases where the specific offender is not known, there is an effective penalty for wrongdoing.

===========

1 § 2 (b) 5 of Act No. 361/2000 Coll., on traffic on roads and on amendments to certain laws (Road Traffic Act)

2 Article 11 (3) of Constitutional Act No. 2/1993 Coll., Charter of Fundamental Rights and Freedoms, as amended by Constitutional Act No. 162/1998 Coll.

3 POUZAR, Mark. Objective liability of the operator of the vehicle and the collection of bail as legal instruments used to eliminate the extinction of liability for traffic offences. Olomouc, 2019. Rigorous thesis (JUDr.). PALACKÝ UNIVERSITY IN OLOMOUC. Faculty of Law

4 § 125f (5) of Act No. 361/2000 Coll., on traffic on roads and on amendments to certain laws (Road Traffic Act)

5 VETEŠNÍK, Pavel, Luboš JEMELKA, Lukáš POTEŠIL, Eva VETEŠNÍKOVÁ, Zuzana ADAMEOVÁ and Lukáš BOHUSLAV. Traffic law. In Prague: C.H. Beck, 2016. Practical Library (C.H. Beck). ISBN 978-80-7400-409-4 p. 6

6 Judgment of the Supreme Administrative Court of 23 March 2016, no. 6 As 128/2015 - 32

7 § 125f (2) (b) of Act No. 361/2000 Coll., on traffic on roads and on amendments to certain laws (Road Traffic Act)

8 § 125f (2) (c) of Act No. 361/2000 Coll., on traffic on roads and on amendments to certain laws (Road Traffic Act)

9 Section 47 (1) of Act No. 361/2000 Coll., on traffic on roads and on amendments to certain laws (Road Traffic Act)

10 Judgment of the Supreme Administrative Court of 30.11.2018, No. 5 As 182/2016 - 30

11 § 125f (4) of Act No. 361/2000 Coll., on traffic on roads and on amendments to certain laws (Road Traffic Act)

12 § 125f (6) of Act No. 361/2000 Coll., on traffic on roads and on amendments to certain laws (Road Traffic Act)

13 BUŠTA: Road Traffic Act..., p. 323 (§ 125f ZosP).