Pursuant to Section 2(2) of Act no. 474/2013 Coll. on Toll Collection for the Use of Specified Sections of Roads and on amending and supplementing certain acts as amended, tolls may be collected for the use of specified road sections by motor vehicles with a maximum technically permissible gross vehicle weight exceeding 3.5 tons or with vehicle combinations with a maximum technically permissible gross weight over 3.5 tons referred to in Section 4(2)(b) and (c) of Act No. 106/2018 Coll. on the Operation of Vehicles in Road Traffic and on amending and supplementing certain acts as amended (vehicles of M and N categories), except for motor vehicles of M1 category and excluding vehicle combinations consisting of motor vehicles of M1 and N1 categories.
Government Regulation No. 497/2013 Coll. stipulating the method of toll calculation, toll rate and the system of discounts from the toll rates for the use of specified road sections as amended stipulates:
a) The method of toll calculation and toll rate for 1km of the distance travelled on the Specified Road Section for the categories of vehicles with the following total maximum permissible weight:
- From 3.5 t to 12 t;
- 12 t and more.
b) The method of toll calculation and toll rate for 1km of the distance travelled on the Specified Road Section for the categories of vehicles providing for the transport of more than nine persons, including a driver, with the following total maximum permissible weight:
- From 3.5 t to 12 t;
- 12 t and more.
Toll rates are determined according to the above stated Government Regulation:
- For vehicles with the total maximum permissible weight from 3.5 t to 12 t according to the EURO vehicle emission class and regardless the number of axles determined for the transportation of more than nine persons, including a driver, and vehicles not determined for the transportation of passengers;
- For vehicles with the total maximum permissible weight of 12 t and more according to the EURO vehicle emission class and regardless the number of axles determined for the transportation of passengers;
- For vehicles with the total maximum permissible weight of 12 t and more according to the EURO vehicle emission class and the number of axles not determined for the transport of passengers.
To avoid any doubt and based on the above stated facts and legal circumstances, we state that for vehicle category M (e.g., buses) there are two primary criteria that have to apply at the same time:
- Must be classified as a motor vehicle providing for the transport of more than nine persons, including a driver;
- The total maximum permissible weight of the vehicle is more than 3.5 t.
Examples of assigning/non-assigning a vehicle the M category among vehicles with the toll payment liability:
- Category M vehicles with the total maximum permissible weight more than 3.5 t and the number of persons transported is more than 9, including a driver (i.e., 10 and more), are liable to pay the toll – it means they pay the toll (categories M2 and M3);
- Category M vehicles with the total maximum permissible weight below 3.5 t and the number of persons transported is more than 9, including a driver (i.e., 10 and more), are not subject to the toll payment liability because of the weight category – they do not pay the toll (category M2 is subject to the payment according to the Road Act by means of the time-based charge = highways stickers);
- Category M vehicles with the total maximum permissible weight over 3.5 t and the number of persons transported is less than 9, including a driver (i.e., 9 and less), are not liable to pay the toll due to the fact that they do not meet the legal definition in terms of the number of persons transported – they do not pay the toll;
- Category M1 vehicles are not assigned among vehicles with the toll payment liability – they do not pay the toll.
