Public Transport Act

Link to law: https://www.riigiteataja.ee/en/eli/ee/Riigikogu/act/512112014004/consolide
Published: 2015-01-01

Public Transport Act

Passed 26.01.2000
RT I 2000, 10, 58
Entry into force 01.10.2000
Amended by the following legal instruments (show)

Passed
Published
Entry into force

07.02.2001
RT I 2001, 18, 85
01.03.2001

05.06.2002
RT I 2002, 53, 336
01.07.2002

19.06.2002
RT I 2002, 61, 375
01.08.2002

19.06.2002
RT I 2002, 63, 387
01.09.2002

11.12.2002
RT I 2002, 110, 654
09.01.2003

29.01.2003
RT I 2003, 20, 116
10.03.2003

07.08.2003
RT I 2003, 58, 387
01.09.2003

15.10.2003
RT I 2003, 71, 471
24.11.2003

17.12.2003
RT I 2003, 88, 589
01.01.2005

19.04.2006
RT I 2006, 21, 161
30.10.2006

20.04.2006
RT I 2006, 21, 162
01.06.2006

15.11.2006
RT I 2006, 55, 405
01.01.2007

21.12.2006
RT I 2007, 4, 17
29.01.2007

24.01.2007
RT I 2007, 12, 66
01.01.2008

24.01.2007
RT I 2007, 15, 76
01.05.2007

16.05.2008
RT III 2008, 24, 159
16.05.2008

18.12.2008
RT I 2009, 3, 14
10.01.2009

07.05.2009
RT I 2009, 25, 150
01.07.2009

15.06.2009
RT I 2009, 39, 262
24.07.2009

26.11.2009
RT I 2009, 62, 405
01.01.2010

17.12.2009
RT I 2009, 65, 440
30.12.2009

22.04.2010
RT I 2010, 22, 108
01.01.2011, will enter into force on the date specified in the decision of the Council of the European Union concerning abrogation of the derogation established with regard to the Republic of Estonia on the basis of Article 140 (2) of the Treaty on the Functioning of the European Union, Decision No. 2010/146/EU of the Council of the European Union of 13 July 2010 (OJ L 196, 28.07.2010, pp. 24-26).

09.06.2010
RT I 2010, 41, 240
01.09.2010

17.06.2010
RT I 2010, 44, 261
01.01.2011, date of entry into force amended 01.07.2011

16.12.2010
RT I, 31.12.2010, 2
01.01.2011

23.12.2010
RT I, 31.12.2010, 3
01.07.2011, in part 01.01.2011

15.12.2011
RT I, 30.12.2011, 4
01.01.2012

06.06.2012
RT I, 28.06.2012, 3
08.07.2012

27.02.2013
RT I, 19.03.2013, 1
20.03.2013

12.06.2013
RT I, 02.07.2013, 1
01.09.2013, in part 01.01.2014

19.02.2014
RT I, 13.03.2014, 2
23.03.2014, in part 01.01.2015, 01.01.2017 and 01.01.2019

19.02.2014
RT I, 13.03.2014, 4
01.07.2014, in part 23.03.2014

27.02.2014
RT I, 13.03.2014, 128
23.03.2014

05.06.2014
RT I, 29.06.2014, 1
01.07.2014

19.06.2014
RT I, 12.07.2014, 1
01.01.2015

19.06.2014
RT I, 29.06.2014, 109
01.07.2014, the ministers’ official titles have been replaced on the basis of subsection 107³ (4) of the Government of the Republic Act.

Chapter 1 GENERAL PROVISIONS 

§ 1.  Scope of application of Act

(1) This Act sets out the bases for the organisation of public transport in road, railway, waterway and air traffic. Bus, tram, trolleybus and taxi traffic is deemed to be road traffic, train and railbus traffic is deemed to be railway traffic, ship, small craft and ferry traffic is deemed to be waterway traffic and aircraft traffic is deemed to be air traffic.
[RT I 2003, 71, 471 – entry into force 24.11.2003]
(11) Upon organisation of passenger transport on the basis of a public service contract in railway and road traffic, including upon planning and subsidising it, upon providing the passenger transport service and upon establishing the fare thereof and travel fare concessions, the provisions of this Act are followed to the extent that Regulation (EC) No. 1370/2007 of the European Parliament and of the Council on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos. 1191/69 and 1107/70 (OJ L 315, 3.12.2007, pp. 1–13) does not provide otherwise.
[RT I 2009, 65, 440 – entry into force 30.12.2009]
(12) In addition to this Act, Regulation (EC) No. 1071/2009 of the European Parliament and of the Council establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC (OJ L 300, 14.11.2009, pp. 51–71) is followed upon organisation of passenger transport by buses.
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(13) Upon organisation of international passenger transport by buses, this Act is followed to the extent that Regulation (EC) No. 1073/2009 of the European Parliament and of the Council on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No. 561/2006 (OJ L 300, 14.11.2009, pp. 88–105), Commission Regulation (EC) No. 2121/98 laying down detailed rules for the application of Council Regulations (EEC) No. 684/92 and (EC) No. 12/98 as regards documents for the carriage of passengers by coach and bus (OJ L 268, 03.10.1998, pp. 10–26), Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement) (OJ L 321, 26.11.2002, pp. 13–43) and other international agreements do not provide otherwise.
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(14) In addition to this Act, Regulation (EU) No. 181/2011 of the European Parliament and of the Council concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No. 2006/2004 (OJ L 55, 28.02.2011, pp. 1–12) is followed upon organisation of passenger transport by buses.
[RT I, 13.03.2014, 128 – entry into force 23.03.2014]
(2) This Act does not regulate the procedure for or conditions of granting, extending, suspending and revoking licences and authorisations for the carriage of passengers by railway, waterway and air traffic or of licences and authorisations for ambulance transport by all modes of transport, which are regulated by other Acts.
(3) The use of non-power driven transport vehicles for public transport vehicles is regulated by legislation granted by local authorities (hereinafter local authorities).
(4) The provisions of the Administrative Procedure Act apply to the administrative proceedings specified in this Act, taking account of the specifications provided for in this Act.
(5) The General Part of the Economic Activities Code Act applies to the commencement, carrying out and termination of the economic activities of an undertaking regulated by this Act, taking account of the specifics arising from this Act.
[RT I, 29.06.2014, 1 – entry into force 01.07.2014]

§ 2.  Definitions

In addition to the definitions given in Article 2 of Regulation (EC) No. 1071/2009 of the European Parliament and of the Council and Article 2 of Regulation (EC) No. 1073/2009 of the European Parliament and of the Council, this Act uses the following definitions:
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
1) ‘public transport’ means the carriage of passengers for a charge and the carriage of vehicles on ship, small ship and ferry lines organised on the basis of a licence for a charge (hereinafter public transport services). Public transport services are provided by way of regular services, occasional services or taxi services. A public transport service operator who provides regular services in a local authority with a population of 40 000 or more is a provider of the vital service specified in clause 34 (9) 5) of the Emergency Act. A public transport service operator who provides regular services on ferry lines between the mainland and large islands of Estonia is a provider of a service of general interest for the purposes of the General Part of the Economic Activities Code Act;
[RT I, 29.06.2014, 1 – entry into force 01.07.2014]
2) ‘carrier’ means an undertaking that holds a licence for the provision of public transport services, whose legal form is specified in the Commercial Code and who is entered in the commercial register, or a legal person entered in another register in accordance with law;
3) ‘public transport vehicle’ means a bus, automobile, tram, trolleybus, passenger train, railbus, passenger ship, passenger ferry, small craft, aircraft or any other engine-driven means of transport designated for the provision of public transport services;
4) [Repealed – RT I, 30.12.2011, 4 – entry into force 01.01.2012]
5) ‘regular services on the basis of a public service contract’ (hereinafter public regular services) means the carriage of passengers organised on the basis of a public service contract concluded by a carrier and a local authority or the state in accordance with §§ 10 and 11 of this Act;
6) ‘commercial regular services’ means the carriage of passengers organised on the basis of an authorisation for regular service or contract concluded with an ordering party in accordance with subsections 32 (1) and (3) of this Act;
7) ‘special regular services’ means the following:
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
– the carriage of workers between home and work;
– the carriage of school pupils and students to and from the educational institution;
– the carriage of military personnel and their families to and from a temporary area of stationing.
Special regular services may be organised on the basis of a public service contract (special public regular services) or on commercial basis (special commercial regular services).
8) ‘local regular services’ means the carriage of passengers by road on rural municipality, urban or county lines whose route and the points of departure and destination are located within the administrative territory of the same rural municipality, city or county;
9) ‘long-distance regular services’ means the carriage of passengers by road on lines whose routes are located in different counties;
10) [Repealed – RT I, 30.12.2011, 4 – entry into force 01.01.2012]
11) ‘taxi services’ means the carriage of passengers to the destination requested by the ordering party using a public transport vehicle adjusted for provision of taxi services, except using a passenger train or a passenger ferry;
[RT I 2009, 3, 14 – entry into force 10.01.2009]
12) ‘bus services’ means the carriage of passengers by a bus. The carriage of passengers by an automobile with 6–9 seats (including the driver’s seat) may also be considered as a bus service;
13) [Repealed – RT I, 30.12.2011, 4 – entry into force 01.01.2012]
14) ‘objects of public transport infrastructure’ means passenger terminals, bus and railway stations, ports, berths, platforms, shelters, stopping points, information and communication systems and other line constructions and equipment and inventory designated or needed for servicing thereof;
15) ‘tariff per kilometre’ means the cost of the journey per one kilometre;
16) ‘time tariff’ means the cost of using a public transport vehicle per unit of time;
[RT I 2006, 21, 161 – entry into force 30.10.2006]
17) ‘transport ticket’ means a standard format document that certifies the right of a passenger to use a public transport vehicle on a certain line or within a definite route network for one or several journeys or during designated time;
18) ‘line’ means a route passed through by a public transport vehicle of a carrier on the basis of a public service contract, authorisation for regular service or a contract concluded with an ordering party ordering at intervals as prescribed in the timetable;
19) ‘timetable’ means a document determining the route of a public service vehicle, the times of departure (on long-distance lines, also the times of arrival) and stopping points where passengers may board and exit the vehicle;
20) ‘taxi driver’s service provider card’ means a document giving information to passengers about the taxi driver.

Chapter 2 PLANNING AND ORGANISATION OF PUBLIC TRANSPORT 

§ 3.  Bases for planning and organisation of public transport

(1) When preparing the national plan as well as county, comprehensive and detailed plans, the need to develop public transport and its route network must be taken into account on the basis of the purposes specified in subsection (2) of this section.
(2) The purpose of planning and organising public transport is to:
1) ensure that the supply of public transport services meets the demand arising from the need for movement of residents and different categories thereof (including disabled persons, the elderly, school pupils, students, residents of islands and small islands) taking into account the social and economic feasibility of the use of resources;
2) promote the preferential use of public transport vehicles in comparison with automobiles and other means of individual transport and thereby, to reduce the negative effects of transport on the environment and the physical harm caused by transport and to facilitate the prevention of traffic accidents and congestion;
3) reduce the costs on transport, energy and social and economic infrastructure incurred by the society.

§ 4.  Authorities that plan and organise public transport

Rural municipality and city councils, rural municipality and city governments (hereinafter local authority bodies), county governments, the Road Administration, the Ministry of Economic Affairs and Communications and the Government of the Republic plan and organise public transport in accordance with the procedure provided for in this Act or in accordance with the procedure established on the basis of this Act and, if necessary, involve local authority associations, carriers and associations of carriers therein.
[RT I 2009, 25, 150 – entry into force 01.07.2009]

§ 5.  Functions of local authority body

(1) Within the administrative territory of a local authority body, the local authority body:
1) directs and coordinates the development of public transport, elaborates and implements relevant development plans financed out of the budget of the local authority, the state budget and earmarked appropriations made for specific purposes by undertakings;
2) organises surveys of the residents’ need for movement to clarify the demand for public transport services and the feasibility and possibilities to organise different transport operations, determines the standards of the service level for public transport on rural municipality or urban lines and, together with the carriers, ensures compliance therewith; if necessary, prepares and establishes the list of data to be entered on taxi drivers’ service provider cards in taxi service and the form of the card;
3) drafts public transport route networks for rural municipalities and cities, establishes the requirements for the procedure for the timetabling process for rural municipality and urban lines and the procedure for submission, review, changing and approval of the timetables, and approves or authorises rural municipality or city agencies to approve the timetables for rural municipality or urban lines, taking into account the timetables of county and national route networks;
4) organises the planning, construction, maintenance and use of the objects of public transport infrastructure and takes measures to create preferential traffic conditions for public transport vehicles;
5) grants licences and authorisations for the carriage of passengers, vehicle cards and authorisations for regular service in the events specified in § 34 of this Act;
6) awards public service contracts to carriers in accordance with the provisions of § 12 of this Act and, in the events listed in subsection 34 (5) of this Act, organises public competitions to select carriers to provide public or commercial regular services;
7) in accordance with the procedure provided on the basis of § 20 of this Act, submits applications to the county government of its location for financing the public transport of the city or rural municipality from the state budget in the part not covered by the local authority budget;
8) on the basis of public service contracts, finances public regular services out of its budget, the state budget or earmarked allocations of undertakings;
9) establishes tariffs per kilometre and transport ticket prices for public regular services on rural municipality or urban lines;
10) compensates for travel fare concessions established by the local authority body;
11) together with carriers, ensures organisation of the sale of transport tickets and organises ticket inspection on rural municipality or urban lines;
12) organises supervision over compliance with the requirements of licences for the carriage of passengers and authorisations for regular service granted by it and performance of public service contracts and public law contracts on authorisation for carrying out administrative tasks awarded in accordance with the Administrative Cooperation Act (hereinafter public law contracts).
(2) If necessary, a local authority body performs the functions listed in clauses (1) 1)-4), 8), 11) and 12) of this section in cooperation with the local authority bodies whose administrative territories border on the administrative territory of the local authority body, the county government of its location and the association of local authorities.
(3) By mutual agreement and by agreement with the county government of the location of local authority bodies that have bordering administrative territories, such local authority bodies may support the county lines that connect their administrative territories out of their budgets and earmarked subsidies allocated from the state budget.
(4) A rural municipality or city council, or a rural municipality or city government upon authorisation of the rural municipality or city council will assign an agency to perform the functions of a local authority body listed in this section and determine the procedure for performance of the functions, unless such functions are provided for in other sections of this Act.
[RT I 2003, 71, 471 – entry into force 24.11.2003]

§ 6.  Functions of county government

(1) The county government:
1) directs and coordinates the development of public transport in the county, elaborates and implements relevant development plans financed out of the budgets of local authorities, the state budget and earmarked allocations of undertakings;
2) organises surveys of the residents’ need for movement to clarify the demand for public transport services and the feasibility and possibilities to organise different transport operations; determines the standards of the service level for public transport on county lines and, together with the carriers, ensures compliance therewith;
3) drafts a public transport route network for the county which is related to the national network, establishes the requirements for the procedure for the timetabling process for the county lines and the procedure for submission, review, changing and approval of the timetables and approves the timetables for county lines taking into account the timetables for long-distance lines and rural municipality and urban lines and the proposals of local authorities concerned;
[RT I 2003, 71, 471 – entry into force 24.11.2003]
4) organises the planning, construction, maintenance and use of the objects of public transport infrastructure and takes measures to create preferential traffic conditions for public transport vehicles;
5) grants licences for the carriage of passengers, vehicle cards and authorisations for regular service in the events specified in § 34 of this Act;
[RT I 2003, 71, 471 – entry into force 24.11.2003]
6) awards public service contracts to carriers in accordance with the provisions of § 12 of this Act and, in the events listed in subsection 34 (5) of this Act, organises public competitions to select carriers to provide public or commercial regular services;
7) in accordance with the procedure provided on the basis of § 20 of this Act, applies for the financing of public transport in cities, rural municipalities or the county from the state budget;
8) on the basis of public service contracts, finances public regular services out of the state budget and, on the basis of resolutions by rural municipality or city councils, from the budgets of the rural municipalities and cities or from earmarked allocations of undertakings;
9) elaborates proposals for establishment of tariffs per kilometre and transport ticket prices for the public regular services specified in clause 24 (2) 3) of this Act;
10) together with carriers, ensures the organisation of the sale of transport tickets and organises ticket inspection on county lines;
11) organises supervision of compliance with the requirements of licences for the carriage of passengers and authorisations for regular service granted by the county government and performance of public service contracts and public law contracts concluded by the county government.
[RT I 2003, 71, 471 – entry into force 24.11.2003]
(2) A county government performs the functions listed in clauses (1) 1)-4) and 7)-11) of this section in cooperation with the local authorities located in the county, the association of local authorities and the county governments of bordering counties.
(3) The county governments of the bordering counties may by mutual agreement and by agreement with the Road Administration support those long-distance lines that connect the counties out of the earmarked public transport subsidies of the state budget and local authority budget if the funds are available.
[RT I 2009, 25, 150 – entry into force 01.07.2009]
(4) The county government may make a proposal to a rural municipality or city council or the association of the local authorities of the county for the centralisation of a part of the budgetary funds of a local authority and for the use of the funds in order to finance the county’s development plan for public transport, to support the county lines and to compensate for travel fare concessions.

§ 7.  Regional public transport centre

(1) The regional public transport centre is a company or a non-profit association founded by local authorities and the state where the state and the local authorities have a majority interest.
(2) Arising from the regional characteristics of passenger flows and the need for more effective organisation of public transport, local authorities and the state may, on the basis of a public law contract, authorise the regional public transport centre to perform the functions assigned to it on the basis of §§ 5 and 6 of this Act and to provide the centre with funds and material resources necessary for the performance of such functions.
(3) The function of the regional public transport centre is to ensure that the residents of the territory prescribed by the founders of the centre, regardless of the administrative division of such territory, are provided with more favourable and economical public transport services which are based on an integrated route network, coordinated timetables and an integrated ticket system. The regional public transport centre cannot perform the functions of a carrier.
[RT I 2003, 71, 471 – entry into force 24.11.2003]

§ 8.  Functions of Ministry of Economic Affairs and Communications

(1) The Ministry of Economic Affairs and Communications:
1) elaborates and implements a long-term national public transport development plan and the sub-programmes thereof;
2) carries out nationwide public transport surveys;
3) sets up the national public transport route, establishes the requirements for the procedure for the timetabling process for domestic and international long-distance lines and the procedure for submission, review, changing and approval of the timetables and approves or authorises a state authority within the area of government of the ministry to approve the timetables for domestic and international long-distance lines taking into account the timetables of local lines and the proposals of the county governments concerned;
4) elaborates a mandatory methodology for calculation of work and service volumes in public transport to be used by state and local authorities and carriers, standards for service level in inter-county public regular services and recommended standards for local public regular services;
5) elaborates proposals for the establishment of tariffs per kilometre and transport ticket prices for the public regular services specified in clauses 24 (2) 1) and 2) of this Act;
6) organises supervision of performance of public service contracts and public law contracts concluded by the ministry.
(2) The minister responsible for the field will establish the standards for service level and methodology for calculation of work and service volumes specified in clause (1) 4) of this section.
[RT I 2003, 71, 471 – entry into force 24.11.2003]

§ 81.  Road Administration

[RT I 2009, 25, 150 – entry into force 01.07.2009]
(1) The Road Administration is a state authority in the area of government of the Ministry of Economic Affairs and Communications which, in addition to positions where public authority can be exercised, may, depending on the functions of the authority, have positions where public authority cannot be exercised and that are not regulated by the Public Service Act and that are held on the basis of an employment contract.
[RT I 2009, 25, 150 – entry into force 01.07.2009]
(2) Positions held on the basis of an employment contract whereby public authority cannot be exercised are governed by the salary grades and rates applicable to the employees of state authorities administered by governmental authorities.
(3) The statutes of the Road Administration will be approved by the minister responsible for the field.
[RT I 2009, 25, 150 – entry into force 01.07.2009]
(4) The functions of the Road Administration in the field of public transport are as follows:
[RT I 2009, 25, 150 – entry into force 01.07.2009]
1) to organise nationwide public transport surveys;
2) to coordinate the tariff per kilometre and the transport ticket price of the intra-county passenger transport by bus as specified in subsection 24 (2) 3) of this Act before establishing these;
3) to advise competent authorities specified in clauses 12 (1) 3) and 4) and subsection 12 (2) of this Act in matters concerning drafting and implementing a public bus service contract and establishing a route network;
4) to organise supervision over public bus service contracts awarded for long-distance and county regular services and over public bus service contracts awarded for rural municipality and city regular services, provided that earmarked subsidies are paid out of the state budget for the public service obligation;
5) to perform other functions imposed on it by this Act and legislation established on the basis thereof.
[RT I 2009, 3, 14 – entry into force 10.01.2009]

Chapter 3 PUBLIC SERVICE CONTRACT FOR CARRIAGE OF PASSENGERS 

§ 9.  Definition of public service obligation

(1) ‘Public service obligation’ means an obligation assumed by a carrier to organise public regular services for remuneration based on the carriers’ commercial interests in such volume and on such conditions as requested by the state or a local authority.
(2) The public service obligation includes operation, carriage and the application of tariffs.
(3) ‘Operation’ means an obligation imposed upon carriers to provide high-quality and continuous public transport services and, if necessary, additional services, and an obligation to return in working order, after public transport services have been terminated, the public transport vehicles and line facilities that the carrier was granted use of on a contractual basis.
(4) ‘Carriage’ means an obligation imposed on a carrier to carry passengers on the terms and conditions and for tariffs prescribed by a transport contract.
(5) ‘Application of tariffs’ means an obligation imposed upon carriers to apply, for certain categories of passengers or goods or on certain lines, carriage tariffs established or approved by the state or a local authority agency which the carrier, considering its own commercial interests, applies only if respective compensation is received from the ordering party.

§ 10.  Public service contract

(1) The public service obligation may be imposed on a carrier only on the basis of a public service contract concluded between the carrier and the party ordering the transport operation, represented by a competent authority specified in § 12 of this Act. The carrier is selected on the basis of a public competition the conditions of which are established by the party ordering the transport operation. If the remuneration to be paid to the carrier on the basis of the public service contract is expected to exceed the threshold specified in subsection 15 (1) of the Public Procurement Act, the party ordering the transport operation will organise a public procurement in accordance with the procedure provided for in the Public Procurement Act.
[RT I 2007, 15, 76 – entry into force 01.05.2007]
(11) In addition to the events specified in Articles 5(2) and (5) of Regulation (EC) No. 1370/2007 of the European Parliament and of the Council, the public service obligation to provide passenger transport services may be imposed on a carrier by a directly awarded public service contract only on the condition that the passenger transport service is provided under the directly awarded public service contract to the extent of less than 200 000 kilometres a year.
[RT I 2009, 65, 440 – entry into force 30.12.2009]
(12) If the party ordering transport has awarded a public service contract for provision of passenger transport services by road, including a directly awarded public service contract, the ordering party may not award a public service contract directly to the same carrier, except in the events specified in Articles 5(2) and (5) of Regulation (EC) No. 1370/2007 of the European Parliament and of the Council. Carriers that, for the purposes of the Competition Act, can be considered one undertaking are considered the same carrier.
[RT I 2009, 65, 440 – entry into force 30.12.2009]
(13) In railway traffic the competent authority may directly award a public service contract on the basis of Article 5(6) of Regulation (EC) No. 1370/2007 of the European Parliament and of the Council.
[RT I, 13.03.2014, 128 – entry into force 23.03.2014]
(2) The public service obligation may be imposed on a carrier who has special rights or the exclusive right in accordance with § 17 of the Competition Act.
(21) If a request for review is filed with the Public Procurement Review Committee or a claim is filed with an administrative court concerning the organisation of a public competition or public procurement or a claim is filed with an administrative court concerning the imposition of the public service obligation on a carrier who has special or exclusive rights and if the public service contract terminates before the settlement of the dispute, the party ordering the transport operation has the right to award a new public service contract to the carrier hitherto servicing the line until the end of the year of the decision of the Public Procurement Review Committee or of the judgment of the administrative court or until a new carrier is selected on the basis of the provisions of subsections (1) and (2) of this section, but for not more than two years as of the date of the decision of the Public Procurement Review Committee or the date of entry into force of the judgment.
[RT I, 31.12.2010, 2 – entry into force 01.01.2011]
(22) If the carrier ceases to perform the public service obligation before the prescribed time, the party ordering the transport operation will have the right to select a new carrier by way of a negotiated procedure without prior publication of a contract notice. In such an event the party ordering the transport operation must award the contact to a new carrier in accordance with the Public Procurement Act within two years as of the entry into force of the public service contract awarded as a result of the negotiated procedure without prior publication of a contract notice.
[RT I 2007, 15, 76 – entry into force 01.05.2007]
(3) A public service contract specifies:
1) the public service obligation which includes the list of lines to be serviced together with the calculation of the distance to be travelled on route and the calculated costs of transport services by expenditure entries, and the grounds of and procedure for payment of subsidies to public regular services;
2) the provision of public transport vehicles and line facilities for the provision of transport services and requirements concerning the use and return thereof;
3) provisions concerning the procedures for the expiry, termination and amendment of the contract;
4) the term of validity of the contract;
5) conditions for insuring passengers and property;
6) penalties;
7) other terms and conditions.
(4) The property related to the provision of transport services on the basis of a public service contract may belong to the carrier or be transferred to the carrier’s possession on the basis of the contract.
(5) A public service contract may be awarded to a carrier for a term of up to ten years.
(6) A public service contract (including a contract for special regular services) must provide that the contract expires upon the expiry or revocation of the licence.
(7) If a licence expires earlier than the public service contract, the carrier must, before expiry of the licence, submit an application for the grant of a new licence in accordance with the procedure provided by law to the authority that granted the licence.

§ 11.  Transport operations organised under public services contract

Passengers may be carried on the following lines on the basis of a public service contract:
1) railway lines, except international train lines;
2) local bus lines and tram and trolleybus lines;
3) ship, small ship and ferry lines which connect the Estonian mainland with the islands and small islands, the island of Saaremaa with the island of Hiiumaa and the island of Saaremaa with the small islands located within the administrative territory of Saare county;
4) air routes which connect the Estonian mainland with the islands and small islands, the island of Saaremaa with the island of Hiiumaa and the island of Saaremaa with the small islands located within the administrative territory of Saare county;
5) long-distance bus lines, except international lines.
[RT I 2003, 71, 471 – entry into force 24.11.2003]

§ 12.  Competent authority

(1) The competent authorities specified in subsection 10 (1) of this Act are:
1) the Ministry of Economic Affairs and Communications or an authority authorised by the minister responsible for the field to carry passengers by rail (except the urban carriage of passengers);
2) the Ministry of Economic Affairs and Communications or an authority authorised by the minister responsible for the field in the inter-county and domestic carriage of passengers in ship, small ship or ferry traffic or aircraft traffic;
21) the Road Administration in the organisation of bus traffic in domestic long-distance regular services, except in the event specified in subsection 6 (3) of this section;
[RT I 2009, 25, 150 – entry into force 01.07.2009]
3) county governments in the carriage of passengers within the county in bus, ship, small ship, ferry or aircraft traffic and upon long-distance regular services in the event specified in subsection 6 (3) of this Act;
4) rural municipality and city governments or an agency authorised by these in the carriage of passengers in bus, tram, trolleybus or ship, small ship or ferry traffic within the rural municipality or city, and on county lines in the event specified in subsection 5 (3) of this Act;
5) city governments or agencies authorised by a city government in the urban carriage of passengers in railway traffic.
(2) The regional public transport centre founded in accordance with § 7 of this Act may also be a competent authority.
(3) In the event of long-distance regular services specified in clause (1) 3) of this section, a public service contract will be awarded to the carrier by the county government on whose county territory the longest part of a long-distance line connecting bordering counties is located or that is authorised to do so by agreement of the county governments of such counties.
(4) In the event of a county line specified in clause 4) subsection (1) of this section, a public service contract will be awarded to the carrier by the rural municipality or city government on whose territory the longest part of a county line connecting bordering local authorities is located, or an agency authorised thereby, or a rural municipality or city government which is authorised to do so by the agreement of the mentioned rural municipality or city governments or the authorised agencies thereof.
[RT I 2003, 71, 471 – entry into force 24.11.2003]

§ 13.  Separation of accounting of public regular services from other business activities

(1) A carrier who, in addition to public regular services, also organises commercial regular services or engages in other business activities must, for the purpose of prevention of cross-subsidisation and ensuring the purposeful use of subsidies allocated for regular services from the state budget or the budget of the local authority, keep the accounting of the revenue and expenditure of the public regular services separate from its other business activities and the portion of assets related to the public regular services must be accounted in accordance with the generally accepted accounting principles.
(2) The expenditure of public regular services must be covered by the revenue earned from the public transport service provided under a public service contract, including by ticker revenue, subsidies allocated to public regular services from the state budget or the budget of the local authority and other revenue earned in connection with the performance of the public service obligation. The transfer of revenue to the other business areas of the carrier is prohibited. The adherence to this obligation must be reflected in the accounting of the revenue, expenditure and assets of the carrier.
[RT I 2009, 3, 14 – entry into force 10.01.2009]

Chapter 4 SUBSIDISING OF PUBLIC TRANSPORT 

§ 14.  Subsidies by state and local authority

Subsidies for specific purposes for the support of public transport may be granted in the state and local authority budget for the provision of public regular services, acquisition of public transport vehicles, construction and renovation of objects of public transport infrastructure and carrying out public transport surveys.
[RT I 2003, 71, 471 – entry into force 24.11.2003]

§ 15.  Subsidies to public regular services

(1) Subsidies from the state budget are granted to regular public services organised on:
1) domestic train routes;
2) county bus lines and domestic long-distance lines;
3) ship, small ship and ferry lines which connect the Estonian mainland with the islands and small islands, the island of Saaremaa with the island of Hiiumaa and the island of Saaremaa with the small islands located within the administrative territory of Saare county;
4) air routes which connect the Estonian mainland with the islands and small islands, the island of Saaremaa with the island of Hiiumaa and the island of Saaremaa with the small islands located within the administrative territory of Saare county.
(2) Subsidies from the budget of a local authority are granted to regular public services organised on:
1) urban train routes or other domestic train routes;
2) urban bus, tram and trolleybus lines and rural municipality bus lines and county bus lines in the event specified in subsection 5 (3) and long-distance lines in the event specified in subsection 6 (3) of this Act;
3) rural municipality or urban ship, small ship and ferry lines.
(3) If the revenue base of a local authority budget is insufficient to cover support to public regular services specified in subsection (2) of this section, the state covers, at the request of the local authority, the deficit of the subsidies to public regular services wholly or partly from the state budget.
(4) [Repealed – RT I 2003, 71, 471 – entry into force 24.11.2003]
(5) [Repealed – RT I 2003, 71, 471 – entry into force 24.11.2003]
(6) If, as a result of a merger of local authorities, a rural municipality or urban line emerges instead of a former county line, the line will be organised and financed until the expiry of the public service contract in force by the competent authority that awarded the contract. At the request of the local authority created as a result of the merger, the rural municipality or urban line created within the boundaries of the merged local authority instead of a county line serviced on the basis of a public service contract will be organised and financed from the state budget by the competent authority specified in clause 12 (1) 3) or subsection 12 (2) of this Act to the extent of the regular service volume of the county line serviced on the basis of the public service contract and to the extent of a reasonable subsidisation rate for at least four year as of the awarding of the new public service contract.
[RT I, 19.03.2013, 1 – entry into force 20.03.2013]

§ 16.  Granting of subsidies to public regular services from state budget

(1) In the planning of subsidies from the state budget to public regular services, the statistical data of the previous years and the data planned for the current and following year concerning the costs of regular services and the following statistical and planned data and measures arising from national programmes are taken into account:
1) regular service volume, number of passengers and passenger turnover;
2) changes in the consumer price index;
3) changes in the revenue base of the state budget arising from tax revenue;
4) changes in the role of public transport calculated as passenger turnover;
5) changes in the revenue base of local authority budgets;
6) amount of financial support to local public regular services requested form the state budget;
7) measures taken on the basis of national programmes concerning traffic safety, environmental and health protection as well as social and regional development;
8) other circumstances directly related to the effect which the change in the role of public transport has on the economic and social development of society.
(2) The taxes specified in clause 3) of subsection (1) of this section are the motor fuel excise duty and other state taxes, levies and fees imposed exclusively on the carrier, or the owner or possessor of a vehicle on the basis of law.
[RT I 2003, 71, 471 – entry into force 24.11.2003]

§ 17.  Subsidies for acquisition or reconstruction of public transport vehicles

(1) Subsidies for the acquisition or reconstruction of public transport vehicles may be provided for in the state budget in the following events:
1) the acquisition of buses, trams and trolleybuses for the provision of public regular services in cities with significant passenger flows and in the immediate vicinity of such cities;
2) the acquisition of rolling stock necessary for the domestic carriage of passengers;
3) the acquisition of ships, small ships and ferries necessary for the provision of a connection between the Estonian mainland and the islands and small islands, the island of Saaremaa and the island of Hiiumaa and the island of Saaremaa and the small islands located within the administrative territory of Saare county;
4) the acquisition of public transport vehicles intended for the carriage of disabled persons or reconstruction of public transport vehicles for the carriage of disabled persons.
(2) [Repealed – RT I 2003, 71, 471 – entry into force 24.11.2003]

§ 18.  Subsidies for construction or renovation of objects of public transport infrastructure

(1) Subsidies may be provided for in the state budget for the construction or renovation of the following objects of public transport infrastructure which provide services to public regular services:
1) passenger terminals providing services to different modes of transport located in cities with significant passenger flows, railway and bus terminals of national or regional importance, and sea, river and airport constructions (passenger terminals, berths, runways and other infrastructure facilities) which are located on Estonian islands or small islands or on the Estonian mainland and are intended for the provision of a connection between the mainland and the islands;
2) public transport information and communication systems of national or regional importance.
(2) [Repealed – RT I 2003, 71, 471 – entry into force 24.11.2003]

§ 19.  Subsidies for carrying out public transport surveys

Subsidies will be provided for in the state budget for the conduct of a public transport survey of national or regional importance, which covers up to 100 per cent of the cost of the survey.

§ 20.  Procedure for subsidising public transport

(1) The minister responsible for the field will establish the procedure for subsidising public transport from the state budget.
(2) The procedure specified in subsection (1) of this section regulates the calculation of the need for subsidies, submission and accumulation of relevant applications by local authorities and county governments, and the distribution of the subsidies provided for in the state budget and the supervision of the use thereof.
[RT I, 13.03.2014, 2 – entry into force 23.03.2014]
(3) The procedure for allocation of subsidies to public transport from the local authority budget will be established by the rural municipality or city council.
[RT I 2003, 71, 471 – entry into force 24.11.2003]

§ 21.  Procurement procedure organised for implementing public transport project subsidised from state investment

Public procurement is organised for implementing a public transport project specified in §§ 17-19 of this Act in accordance with the procedure provided for in the Public Procurement Act.
[RT I 2007, 15, 76 – entry into force 01.05.2007]

§ 22.  Return of subsidies

(1) A party that received a state subsidy will return the subsidy in whole or in part or the payment of the subsidy will be suspended if:
1) the decision to grant the subsidy is based on incomplete, inaccurate or misleading information submitted by the party that received the subsidy;
2) false or insufficient information was submitted concerning the allocation, payment or supervision of the use of the state subsidy and if the submission of such information significantly influenced the granting of the subsidy or the conditions established for it;
21) upon separation of public regular services from other business activities, the requirements established in § 13 of this Act were not fulfilled;
[RT I 2009, 3, 14 – entry into force 10.01.2009]
3) the party that received the state subsidy refuses to submit information, documents, data on actual revenue from the sale of tickets or other data needed for the making a decision on the granting of the subsidy or for the supervision of the use thereof, or
4) the state subsidy is not used for the intended purpose.
(2) The return of a state subsidy or a part thereof may be required and the part not paid may be revoked or its payment suspended if the requirements set for the use of the state subsidy are disregarded in any other manner.
(3) In the events specified in subsections (1) or (2) of this section, the state subsidy will be revoked, payment thereof will be suspended or the subsidy will be returned on the basis of an order issued by the authority that allocated the subsidy or by other competent authorities appointed by an Act or other legal instruments adopted in accordance with an Act.
(4) The procedure for the return of subsidy funds for public transport will be established by the minister responsible for the field.
[RT I 2003, 71, 471 – entry into force 24.11.2003]

Chapter 5 PUBLIC TRANSPORT DEVELOPMENT PLAN 

§ 23.  Public transport development plan

(1) Public transport will be developed on the basis of a long-term national development plan approved by the Government of the Republic.
(2) The long-term public transport development plan will be prepared on the basis of § 12 of the Sustainable Development Act, programmes concerning environmental protection, regional development, traffic safety, social development and other national programmes the purposes of which are related to the development of public transport.
(3) The long-term national public transport development plan must include:
1) data concerning the calculated need for subsidies for specific purposes prescribed in the state budget for the support of public transport, which arises from the planned changes to the role of public transport and to the revenue base of the budget;
2) a list of legal, economic, social and technical measures to improve the competitive position of public transport;
3) a list of other factors that influence the development of public transport.
[RT I 2003, 71, 471 – entry into force 24.11.2003]

Chapter 6 PRICE OF PUBLIC TRANSPORT SERVICE 

§ 24.  Establishment of prices, tariffs and ticket prices for public transport services

(1) The service prices in commercial regular services and occasional services are established by the carrier.
(2) The maximum tariff per kilometre and the maximum ticket price in public regular services is established by:
1) the minister responsible for the field or an authority authorised by the minister in the carriage of passengers organised by means of railway traffic, except in urban carriage;
2) the minister responsible for the field or an authority authorised by the minister in the inter-county or domestic carriage of passengers organised by means of ship, small ship, ferry and air traffic;
3) county governor in the intra-county carriage of passengers organised by means of bus, ship, small ship, ferry and air traffic;
4) the rural municipality and city council or an agency authorised by it in the carriage of passengers organised by means of bus, tram, trolleybus, ship, small ship and ferry traffic within the rural municipality or city;
5) the city council or an agency authorised by it in the urban carriage of passengers organised by means of railway traffic.
(3) The tariffs per kilometre and per hour in taxi service and the prices for other services provided by taxi service (hereinafter tariffs for taxi services) are established by the carrier. The local authority of the place of registration of the carrier may establish a list of taxi services the tariffs for which can be established by the carrier. In the establishing and application of tariffs for taxi services provided in road traffic, the carrier must adhere to the following requirements:
1) all tariffs for taxi services established by a carrier must be programmed into a taximeter that has undergone a metrological inspection in accordance with the requirements of the Metrology Act, is adapted for the power-driven vehicle in accordance with subsection (4) of this section and is equipped with a printer suitable for the taximeter;
2) the taxi driver must provide the user of taxi service with a receipt printed out on the printer connected to the taximeter, which indicates the name and registry code of the carrier, the registration plate, date of provision of service, time of beginning and end of provision of service, tariffs used, volume and cost of the provided service by all used tariffs, and the total cost;
3) a taximeter in compliance with the requirements specified in clause 1) of this section may be used without a printer in a taxi on the condition that the tariffs programmed into the taximeter switch only automatically. In such event, the taxi driver must provide the user of the taxi service with a receipt filled out by hand on a form bearing the requisite information concerning the carrier and setting out the date, time and total cost of the taxi service provided.
(4) The adaptation of a taximeter means the installation of a taximeter that has a passed proper metrology inspection in a power-driven vehicle, the adjustment of the taximeter, verification of the readings of the taximeter, and the sealing of the taximeter and the connections thereof that allow for changing the measurement result by an undertaking whose competence has been evaluated in accordance with § 5 of the Metrology Act and who holds a valid competency certificate. The conditions of and procedure for the adaptation of taximeters and the permitted error limits upon using taxi metres will be established by the minister responsible for the field.
(5) The prices for international regular services will be established by the carrier in accordance with international agreements concluded by the Republic of Estonia.
[RT I 2006, 21, 161 – entry into force 30.10.2006]

Chapter 7 TRAVEL FARE CONCESSIONS 

§ 25.  Definition of travel fare concession

(1) ‘Travel fare concession’ means the right granted to a particular category of passengers by law or in accordance with the procedure established by law to:
1) use a public transport vehicle without charge or for a reduced charge;
2) use a public transport vehicle for a full price and receive partial or full monetary compensation therefor beforehand or afterwards.
(2) A person who is entitled to a travel fare concession specified in clause 1) of subsection (1) of this section must present, at the request of the driver of a public transport vehicle or other persons holding the right of inspection, a document certifying their right to the travel fare concession.

§ 26.  Compensation of travel fare concession to passengers from state budget

(1) The amounts of compensation for travel fare concessions paid out of the funds appropriated from the state budget in accordance with clause 25 (1) 2) of this Act are provided by an Act or other legal instruments adopted in accordance with an Act.
(2) The procedure for payment of the concessions specified in subsection (1) of this section will be established by the Government of the Republic or a minister authorised by the Government.

§ 27.  Free transportation in domestic regular services

(1) On national lines in railway, road and waterway traffic (including commercial lines), the carriers is required to carry without charge:
1) pre-school children;
2) disabled children, persons aged 16 years or more who have a profound disability, person accompanying a person having a profound or severe visual disability or the guide dog accompanying a person having a visual disability.
[RT I 2006, 55, 405 – entry into force 01.01.2007]
3) [Repealed – RT I 2009, 3, 14 – entry into force 10.01.2009]
(2) Carriers are not compensated for the free transportation of the categories of passengers specified in subsection (1) of this section.

§ 28.  Travel fare concessions in force in commercial regular services

(1) Up to 100 per cent of the full price of the ticket in commercial regular services is compensated to a pupil acquiring basic education, general secondary education or vocational education in the regular study form (hereinafter school pupil) out of the funds allocated for travel fare concessions from the state budget. The annual extent of compensation for travel expenses is determined by the Government of the Republic.
[RT I, 02.07.2013, 1 – entry into force 01.09.2013]
(2) The procedure for compensation for travel expenses specified in subsection (1) of this section will be established by the Government of the Republic.
(3) Rural municipality and city councils may increase the extent of compensation specified in subsection (1) of this section out of their budgets.

§ 281.  Travel fare concessions of repressed person and person equal to repressed person

In domestic regular services (including commercial regular services) provided in railway, road and waterway traffic, up to 50 per cent of the price of the ticket of a repressed person and a person equal to a repressed person is compensated for to the extent, on the conditions and in accordance with the procedure established by the Government of the Republic.
[RT I 2003, 88, 589 – entry into force 01.01.2005]

§ 29.  Travel fare concessions in force in public regular services

(1) In public regular services provided in road and waterway traffic on urban or other domestic train routes where points of departure and destination of passengers are located within the limits of one city, a school pupil, a person accompanying a person with a profound disability and a person accompanying a disabled child is granted a travel fare concession in the amount of up to 50 per cent of the full price of the ticket. The extent of the annual travel fare concession is determined:
[RT I 2009, 3, 14 – entry into force 10.01.2009]
1) in road traffic – by the rural municipality or city council for rural municipality or urban lines and by the county governor for county lines;
2) in waterway traffic – by the minister responsible for the field for the ship, small ship and ferry lines specified in clause 15 (1) 3) of this Act;
3) in railway traffic – by the city council for train routes specified in clause 15 (2) 1) of this Act.
(2) The concession specified in subsection (1) of this section is covered out of the subsidies allocated to such regular services from the city or rural municipality budget or state budget in accordance with §15 of this Act.
(3) In addition to the provisions of § 27 of this Act and subsection (1) of this section, rural municipality and city councils may establish travel fare concessions in public regular services out of their budgets to particular categories of passengers and increase the amount of travel fare concessions.
(4) Rural municipality and city councils may grant travel fare concessions out of subsidies allocated from the state budget to public regular services for particular categories of passengers determined by the rural municipality and city councils, or to grant travel fare concessions in addition to the amount provided for in subsection (1) of this section only with the approval of the state authority through which the support is allocated from the state budget for the public regular services.
(5) In public regular services on rail routes specified in clause 15 (1) 1) of this Act and on air routes specified in clause 15 (1) 4) of this Act, a school pupil is compensated for their travel expenses out of the funds allocated for the payment of travel fare concessions from the state budget in the amount of up to 50 per cent of the full price of the ticket. The annual extent of compensation for travel expenses and the procedure for compensation is established by the Government of the Republic.
[RT I 2003, 71, 471 – entry into force 24.11.2003]

§ 30.  Travel fare concessions granted by carrier

(1) In public regular services, the carrier may grant travel fare concessions to other categories of passengers in addition to the persons specified in §§ 27 and 29 of this Act or increase the amount of concessions only with the consent of the other party to the contract.
(2) In international regular services, the carrier may grant travel fare concessions in accordance with the requirements arising from international agreements concluded by the Republic of Estonia.
(3) Concessions granted by the carrier in commercial regular services and taxi service are not subject to compensation.

Chapter 8 LICENCE FOR PASSENGER TRANSPORT ORGANISED IN ROAD TRAFFIC, CERTIFIED TRUE COPY OF COMMUNITY LICENCE, VEHICLE CARD AND AUTHORISATION FOR REGULAR SERVICE 
[RT I, 30.12.2011, 4 - entry into force 01.01.2012]

§ 31.  Licence for passenger transport, certified true copy of Community licence and vehicle card

[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(1) Community licences and taxi licences are deemed to be licences for the carriage of passengers in road traffic (hereinafter licence).
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(2) ‘Community licence’ means a document that is specified in Article 4 of Regulation (EC) No. 1073/2009 of the European Parliament and of the Council and certifies the holder’s right to provide domestic and international regular services on the basis of an authorisation for regular service or contract as well as domestic and international occasional services for a charge.
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(21) ‘Certified true copy of Community licence’ means a document specified in Article 4 of Regulation (EC) No. 1073/2009 of the European Parliament and of the Council and certifies the right of the holder of the Community licence specified in subsection (2) of this section to use the vehicle specified in the certified true copy of the Community licence for the carriage of passengers authorised under the Community licence.
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(3) A taxi licence certifies the right of the carrier to provide taxi services.
(4) ‘Vehicle card’ means a document given to a carrier holding a taxi licence, which certifies the carrier’s right to use the vehicle specified in the vehicle card for provision of taxi services.
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]

§ 32.  Documents certifying right to provide regular services

(1) An authorisation for regular service certifies the right of a carrier to provide commercial regular services (including special commercial regular services) on the line specified in the authorisation for regular service.
(2) A public service contract certifies the right of the carrier to provide public regular services (including special public regular services) on one line or several lines or within a particular route network.
(3) A contract for special commercial regular services concluded between a carrier and an ordering party certifies the right of the carrier to provide special commercial regular services on one line or several lines.

§ 33.  Mandatoriness of licence, vehicle card and document certifying right to provide regular services

(1) The carriage of passengers for a charge, except for the carriage of passengers by tram and trolleybus, is prohibited without a Community licence and a certified true copy of a Community licence or a taxi licence and a vehicle card.
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(2) Regular services (including temporary regular services) are prohibited without the document specified in subsections 32 (1) to (3) of this Act.
(3) Without the document specified in subsections 32 (1) to (3) of this Act it is prohibited to organise, for a charge, the carriage of passengers similar to regular services and with the aim of providing services to the users of regular services.

§ 34.  Issuer of licence, certified true copy of Community licence, vehicle card and authorisation for regular service

[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(1) The licences, certified true copies of Community licences and vehicle cards specified in § 31 of this Act and authorisations for regular service specified in § 32 of this Act are granted by the Road Administration, county governments, rural municipality governments and city governments. The authorisation to grant taxi licences, vehicle cards and authorisations for regular service may be delegated by the rural municipality or city government to a rural municipality or city agency.
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(2) A Community licence and a certified true copy of a Community licence are granted to a carrier by the county government of its place of registration.
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(3) The granting of Community licences and certified true copies of Community licences may be delegated to a non-profit association by an order of the Government of the Republic. A corresponding public law contract is concluded by the minister responsible for the field.
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(4) A carrier is granted a taxi licence and a vehicle cards on the basis thereof by the rural municipality or city government of the place of registration of the carrier.
(5) The competence to grant taxi licences and vehicle cards on the basis thereof may be delegated to a non-profit organisation on the basis of a decision of the rural municipality or city council. A corresponding public law contract is concluded by the rural municipality government or city government.
(6) A carrier holding a Community licence is granted an authorisation for regular service by:
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
1) for carriage by bus on rural municipality or urban lines – by the rural municipality government or city government;
2) carriage by bus on county lines – by the county government;
3) for carriage by bus on long-distance lines – by the Road Administration.
[RT I 2009, 25, 150 – entry into force 01.07.2009]
(7) The issuer of an authorisation for regular service will organise a public competition to select the carrier for the provision of the regular services specified in subsection (6) of this section if:
1) there is demand for opening a new line;
2) the carrier’s Community licence or authorisation for regular service has been revoked or the carrier refuses to service the line even though there is demand for the service;
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
3) the carrier does not apply for a new authorisation for regular service for a line which the carrier has hitherto serviced even though there is demand for the service.
(8) A carrier will be granted an authorisation for regular service without a public competition if the carrier:
1) applies for the authorisation to service a line to be opened on the carrier’s own initiative;
2) applies for a new authorisation for regular service to service a line which the carrier has hitherto serviced.
(9) The regional public transport centre formed in accordance with § 7 of this Act may also grant licences and authorisations for regular service.
[RT I 2009, 3, 14 – entry into force 10.01.2009]

§ 35.  Requirements for applicant for and holder of Community licence

(1) An applicant for and a holder of a Community licence must comply with the requirements established in this section and in Article 3(1) of Regulation (EC) No. 1071/2009 of the European Parliament and of the Council.
(2) An applicant for and a holder of a Community licence must be registered in the commercial register or in the register of non-profit associations and foundations.
(3) An applicant for and a holder of a Community licence must communicate the address of their establishment in Estonia to the issuer of the Community licence, where their main business documents are kept, unless the address overlaps with the carrier’s address in the commercial register or in the register of non-profit associations and foundations. The issuer of the licence must be informed of a change of the address within 28 calendar days.
(4) The repute of an applicant for and a holder of a Community licence is considered good for the purposes of Article 3(1)(b) of Regulation (EC) No. 1071/2009 of the European Parliament and of the Council if they have not been convicted of a criminal offence of the first degree or, more than once, a wilful criminal offence of the second degree or a misdemeanour specified in § 311 of the Road Transport Act, § 202, 204, 208, 210, 213, 217, 220, 225, 244, 252, 255 or 256 of the Traffic Act, § 1531, 1532, 154, 1541 or 1552 of the Taxation Act, § 62 or 63 of the Fiscal Marking of Liquid Fuel Act, § 300 of the Aliens Act, §§ 45–471 of the Consumer Protection Act, §§ 36 and 37 of the Language Act, and subsections 542 (2) and (4) or § 545 of this Act. Upon verifying the conviction of an applicant for and a holder of a Community licence, the conviction data obtained from abroad on serious criminal offences specified in Article 6(1)(b) of Regulation (EC) No. 1071/2009 of the European Parliament and of the Council will also be taken into account.
(5) The requirement of the good repute of an applicant for and a holder of a Community licence is also fulfilled if they have been convicted of an offence specified in subsection (4) of this section, but the conviction data has been deleted from the register in accordance with the Register of Convictions Act or if the term of deletion of the data of conviction set out in § 24 of the Register of Convictions Act has passed from the enforcement of the decision made on the offence committed abroad.
(6) The repute of an applicant for and a holder of a Community licence who has been convicted of an offence specified in subsection (4) of this section may be considered good if, as a result of the procedure in accordance with the second and third paragraph of Articles 6(2)(a) and (b) of Regulation (EC) No. 1071/2009 of the European Parliament and of the Council it is found that the loss of good repute would be disproportionate.
(7) An applicant for and a holder of a Community licence must appoint one or several transport manager of good repute for the purposes of Article 3(1)(b) of Regulation (EC) No. 1071/2009 of the European Parliament and of the Council and that complies with the requirements provided for in § 36 of this Act and Article 4 of Regulation (EC) No. 1071/2009 of the European Parliament and of the Council.
(8) An applicant for and a holder of a Community licence who organise the carriage of passengers using an automobile with only up to nine seats do not have to comply with the condition specified in Article 3(1)(c) of Regulation (EC) No. 1071/2009 of the European Parliament and of the Council, but they must have a good economic standing. The economic standing is considered good if the court has not declared them bankrupt and they do not have tax arrears or the payment of tax arrears has been staggered.
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]

§ 36.  Requirements for transport manager

(1) A transport manager must be of good repute. The repute of a transport manager is considered good if:
1) they have not been convicted of a criminal offence of the first degree or a criminal offence specified in §§ 422–4241 of the Penal Code or a misdemeanour specified in subsection 221 (2), subsection 222 (2), §§ 223–226, subsections 227 (2) to (4), subsection 230 (2), §§ 234–237 or subsection 242 (2) of the Traffic Act or the data of conviction has been deleted from the register in accordance with the Register of Convictions Act;
2) they have no more than once been convicted of a wilful criminal offence of the second degree or a misdemeanour specified in § 311 of the Road Transport Act, § 202, 204, 208, 210, 213, 217, 220, 225, 244, 252, 255 or 256 of the Traffic Act, § 1531, 1532, 154, 1541 or 1552 of the Taxation Act, § 62 or 63 of the Fiscal Marking of Liquid Fuel Act, § 300 of the Aliens Act, §§ 45–471 of the Consumer Protection Act, §§ 36 and 37 of the Language Act, and subsections 542 (2) and (3), subsection 543 (1) or subsection 545 (1) of this Act or the data of conviction has been deleted from the register in accordance with the Register of Convictions Act;
3) they have caused the making of no more than one precept to the carrier by the issuer of the licence or the authorisation for regular service over the past year;
4) they have not caused the offences specified in subsection 35 (4) of this Act for which the carrier has been convicted or the data of conviction has been deleted from the register in accordance with the Register of Convictions Act;
5) they have not caused the revocation of the licence or authorisation for regular service or more than five years have passed from the revocation.
(2) In addition to the provisions of subsection (1) of this section, data of conviction received form abroad regarding serious offences specified in Article 6(1)(b) of Regulation (EC) No. 1071/2009 of the European Parliament and of the Council is also taken into account upon verifying the conviction of a transport manager employed by a carrier organising the carriage of passengers on the basis of a Community licence. In this case the requirement of the good repute of the transport manager is also fulfilled if the transport manager has been convicted of an offence committed abroad, but the term of deletion of the data of conviction set out in § 24 of the Register of Convictions Act has passed from the enforcement of the decision made on the offence.
(3) A transport manager is considered to be professionally competent if the transport manager has completed a passenger transport manager training course organised on the basis of a Community licence or a taxi licence in an educational institution recognised by the Ministry of Economic Affairs and Communications, passed the written final examination of the course and holds a respective training certificate.
(4) A passenger transport manager training course organised on the basis of a Community licence does not need to be completed by a person who has acted as a domestic passenger transport manager of a carrier for at least five years and taken the written final examination of a passenger transport manager training course organised on the basis of a Community licence specified in subsection (3) of this section.
(5) A person who, as a self-employed person, manages the carriage of passengers on the basis of a taxi licence and also acts as a transport manager is considered professionally competent also if the person does not comply with the requirements specified in subsection (3) of this section, but has completed professional driver training, taken a respective examination and holds the professional certificate of a taxi driver.
(6) A person who holds a university diploma or a diploma of an institution of professional higher education the prerequisite for the awarding of which is knowledge of the subjects specified in the curriculum of the transport manager training course does not have to complete the transport manager training course or take the written final examination of the course to the extent that the studies completed before receiving the diploma of the university or institution of professional higher education overlaps with the subjects covers in the transport manager training course.
(7) The qualification requirements for managers of passenger transport organised on the basis of a Community licences and taxi licence, the curriculum of the training course, the form of the training certificate and the list of the curricula of universities and institutions of professional higher education whose graduates’ diplomas serve as the basis for the partial or full release from the obligation to complete a transport manager training course and take the written final examination of the training course will be established by a regulation of the minister responsible for the field.
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]

§ 37.  Requirements for applicant and holder of taxi licence

(1) An applicant for and a holder of a taxi licence must be of good repute. Repute is considered good if they have not been convicted of a criminal offence of the first degree or if they have no more than once been convicted of a wilful criminal offence of the second degree or a misdemeanour specified in § 311 of the Road Transport Act, § 202, 204, 208, 210, 213, 217, 220, 225, 244, 252, 255 or 256 of the Traffic Act, § 1531, 1532, 154, 1541 or 1552 of the Taxation Act, § 62 or 63 of the Fiscal Marking of Liquid Fuel Act, § 300 of the Aliens Act, §§ 45–471 of the Consumer Protection Act, §§ 36 and 37 of the Language Act, and subsections 542 (3) and (4), § 543 or 545of this Act or the data of conviction has been deleted from the register in accordance with the Register of Convictions Act; Repute is also considered good if the applicant for or holder of a taxi licence has been convicted of these offences, but as a result of the procedure it is found based on the circumstances identified in the given case that the loss of good repute would be disproportionate.
(2) An applicant for and holder of a taxi licence must appoint a transport manager who complies with the requirements provided for in § 36 of this Act, is professionally competent to manage passenger transport and who is, at the holder of the taxi licence, responsible for work organisation, remuneration, transport management, regulation of working and rest time, traffic safety, vehicle safety and environmental protection. An applicant for or holder of a taxi licence who is a self-employed person may simultaneously operate as a transport manager. A taxi licence holder may, temporarily, but no longer than for six months, operate without a transport manager if the situation has been caused by their transport manager’s long-term incapacity for work or death. A person may operate as a transport manager only for one carrier.
(3) An applicant for and a holder of a taxi licence must have a good economic standing. The economic standing is considered good if the court has not declared them bankrupt and they do not have tax arrears or the payment of tax arrears has been staggered.
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]

§ 38.  Professional competence of transport manager

[Repealed – RT I, 30.12.2011, 4 – entry into force 01.01.2012]

§ 39.  Documents submitted for application for licence, certified true copy of Community licence, vehicle card and authorisation for regular service

[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(1) The applicant for a licence must submit the following documents to the issuer of the licence:
1) an application;
2) a notarised copy of the memorandum of association of the company to be founded;
3) the articles of association or partnership agreement (except if the undertaking is entered in the commercial register);
4) [Repealed – RT I, 30.12.2011, 4 – entry into force 01.01.2012]
5) a document certifying the appointment of the transport manager;
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
6) a document certifying the professional competence of the transport manager.
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(2) [Repealed – RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(3) A certified true copy of a Community licence and a vehicle card can be applied for a power-driven vehicle that has been entered in the motor register and that has passed the roadworthiness test. The applicant for a document must submit the following documents to the issuer of the document:
1) an application;
2) the contract of use of the vehicle if the applicant is not the owner of the vehicle or a user of the vehicle specified in the registration certificate;
3) in the event of applying for a certified true copy of a Community licence, documents certifying the financial standing specified in Article 7 of Regulation (EC) No. 1071/2009 of the European Parliament and of the Council;
4) in the event of applying for a vehicle card, the taximeter adaptation certificate.
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(4) The applicant for an authorisation for regular service must submit the following documents to the issuer of the authorisation:
1) an application;
2) a Community licence;
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
3) a draft timetable with the written opinion of each rural municipality or city government concerned for county lines and the written opinion of each county government concerned for domestic long-distance lines, and in the administrative territories of Tallinn, Tartu, Narva, Kohtla-Järve and Pärnu with the written opinion of the city government concerned;
4) documents certifying the existence of vehicles necessary for providing the services.
(5) Before filing an application, the applicant for a licence, a certified true copy of a Community licence, a vehicle card and an authorisation for regular service as well as an applicant for the approval or amendment of the timetable must pay the state fee, unless the issuer of the document is a non-profit association or the regional public transport centre specified in subsection 7 (1) of this Act, which operates as a company. In such an event the non-profit association or the company has the right to charge a fee for issuing the document, which does not exceed the rate of the state fee charged by the state or local authority agency for issuing the document.
[RT I, 28.06.2012, 3 – entry into force 08.07.2012]
(6) The documents submitted to the issuer of a licence, vehicle card and right to organise international carriage of passengers are not disclosed to third parties, unless otherwise provided by law.
[RT I 2003, 71, 471 – entry into force 24.11.2003]

§ 40.  Review of application for licence, certified true copy of Community licence, vehicle card and authorisation for regular service

[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(1) The issuer of a licence verifies whether the applicant for the licence has tax arrears that have not been staggered and the data of the applicant in the commercial register in the case of an undertaking entered in the commercial register or the data of the applicant in the register of non-profit associations and foundations in the case of a legal person entered in the register, as well as the data of the applicant in the register of convictions. The applicant for a licence will be notified of a decision to issue or to refuse to issue the licence by post or electronically within 30 calendar days as of the submission of the documents specified in subsection 39 (1) of this Act.
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(2) The issuer of a certified true copy of a Community licence verifies the absence of the applicant’s tax arrears that have not been staggered and the data of the applicant in the register of convictions and in the traffic supervision information system and, in the case of an undertaking entered in the commercial register, the data available in the commercial register, and in the case of a legal person entered in the register of non-profit associations and foundations, the data available in the register as well as the data of the vehicle in the motor register. The applicant will be notified of a decision to issue or refuse to issue the certified true copy of the Community licence by post or electronically within 15 calendar days as of the submission of the documents specified in subsection 39 (3) of this Act.
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(3) The issuer of a vehicle card verifies whether the applicant for the card has tax arrears that have not been staggered and the data of the applicant in the commercial register in the case of an undertaking entered in the commercial register or the data of the applicant in the register of non-profit associations and foundations in the case of a legal person entered in the register, as well as the data of the applicant in the register of convictions. The applicant for a vehicle card will be notified of a decision to issue or refuse to issue the card by post or electronically within 15 calendar days as of the submission of the documents specified in subsection 39 (3) of this Act.
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(4) The issuer of an authorisation for regular service will grant the authorisation for regular service to a carrier selected on the basis of a public competition specified in subsection 34 (5) of this Act within 15 days after the conclusion of the public competition. Other participants in the competition will be informed of the results of the competition by post or electronically within 15 calendar days after the conclusion of the public competition.
(5) The issuer of the authorisation for regular service will verify whether the applicant for the authorisation for regular service has tax arrears. The issuer of the authorisation for regular service will notify the applicant for the authorisation for regular service of a decision to grant the authorisation for regular service without a public competition in accordance with subsection 34 (6) of this Act or of a decision to refuse to grant the authorisation for regular service by post or electronically within 30 calendar days after the submission of the documents specified in subsection 39 (4) of this Act. If it is necessary to gather additional information in order to review the application for the authorisation for regular service, the term for the review of the application may be extended by up to 30 days. The applicant will be informed of the extension of the term in writing.
[RT I 2003, 71, 471 – entry into force 24.11.2003]
(6) The Ministry of Economic Affairs and Communications will grant a licence for international regular services within 15 days after receiving an authorisation for regular service from the competent authorities of each relevant state.
(7) If the documents submitted to obtain a licence, a certified true copy of a Community licence, a vehicle card or an authorisation for regular service contain deficiencies, the applicant will be given a time limit for the elimination of the deficiencies. During the time limit for the elimination of the deficiencies, the term for the review of the application provided for in this section will be suspended.
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]

§ 41.  Refusal to grant licence and authorisation for regular service

(1) The issuer of a licence may refuse to grant the licence if:
1) the applicant for the licence has tax arrears or has been declared bankrupt or if the reason for the revocation of the previous licence of the undertaking was a violation of the provisions of law committed less than two years ago;
2) the applicant for the licence does not comply with the requirements established in § 35 or 37 of this Act or the transport manager does not comply with the requirements established in § 36 of this Act;
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
3) if false information was submitted upon application for the licence;
4) a driver employed by the applicant has, in relation to professional activities, been convicted of a criminal offence specified in §§ 422–4241 of the Penal Code or a misdemeanour specified in subsection 221 (2), subsection 222 (2), §§ 223–226, subsections 227 (2) to (4), subsection 230 (2), § 234, §§ 236 and 236, subsection 242 (2) of the Traffic Act or subsection 542 (1) or § 546 of this Act and the data of conviction have not been deleted from the register in accordance with the Register of Convictions Act;
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
5) a precept has been issued to the applicant on the grounds provided for in clause 46 (1) 2) or clause 46 (2) 1) of this Act and less than six months has passed from the issue of the precept;
6) the applicant has failed to eliminate the deficiencies contained in the submitted documents during the time limit granted in subsection 40 (7) of this Act.
(2) The issuer of an authorisation for regular service may refuse to grant the authorisation if the applicant for the authorisation has tax arrears or if it becomes evident that:
1) the line for the servicing of which the authorisation is applied for would interfere with regular services currently provided under a public service contract;
2) the line for the servicing of which the authorisation is applied for would interfere with regular services currently provided on the basis of an authorisation for regular service granted earlier, unless the services in question are provided by a single carrier;
3) the applicant for the authorisation for a line whereby the purpose is to service only the most profitable lines of all the existing lines;
31) the applicant for the authorisation does not comply with the requirements established in § 35 or 37 of this Act or the transport manager does not comply with the requirements established in § 36 of this Act;
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
4) a driver employed by the applicant has, in relation to professional activities, been convicted of a criminal offence specified in §§ 422–4241 of the Penal Code or a misdemeanour specified in subsection 221 (2), subsection 222 (2), §§ 223–226, subsections 227 (2) to (4), subsection 230 (2), § 234, §§ 236 and 236, subsection 242 (2) of the Traffic Act or subsection 542 (1) or § 546 of this Act and the data of conviction have not been deleted from the register in accordance with the Register of Convictions Act;
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
5) a precept has been issued to the applicant on the grounds provided for in clause 46 (1) 2) or clause 46 (2) 1) of this Act and less than six months have passed from the issue of the precept.
[RT I 2003, 71, 471 – entry into force 24.11.2003]

§ 42.  Informing of granting of authorisation for regular service and of awarding public regular services contract

(1) The issuer of authorisation for regular service must inform the authority that granted a Community licence about the granting of the authorisation for regular service within five working days after granting the authorisation.
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(2) A party ordering a transport operation must inform the authority that granted a Community licence about the conclusion of a public service contract within five working days after the conclusion of the contract.
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(3) In the provision of long-distance regular services, the carrier must inform all county governments concerned about the commencement of the provision of the services and about changes in the timetables at least 10 calendar days in advance. The county governments must immediately inform all the local authorities concerned.
(4) In the provision of regular services on county lines, the carrier must inform all the local authorities concerned about the commencement of the provision of the services and about changes in the timetables at least 10 calendar days in advance. A party ordering the transport operation and the carrier may also agree otherwise in a public service contract.
[RT I 2003, 71, 471 – entry into force 24.11.2003]

§ 43.  Term of validity of licence, certified true copy of Community licence, vehicle card and authorisation for regular service

(1) A Community licence is granted for ten years, unless the applicant requests a shorter term.
(2) A taxi licence is initially granted for two years and on each subsequent occasion for five years, unless the applicant wishes to obtain a taxi licence for a shorter term.
(3) A certified true copy of a Community licence is issued for ten years, but not for longer than the term of validity of the Community licence. Upon revocation or expiry of the Community licence, the validity of the certified true copy of the Community licence will terminate. Upon using a vehicle under a contract of use, the validity of a certified true copy of a Community licence will terminate upon expiry of the contract of use.
(4) A vehicle card will be granted for five years, but not for longer than the term of validity of the taxi licence. Upon revocation or expiry of the taxi licence, the validity of the vehicle card will terminate. Upon using the vehicle under a contract of use, the term of validity of the vehicle card will terminate upon termination of the contract of use.
(5) An authorisation for regular service is granted for five years, unless the applicant requests a shorter term. An authorisation for regular service is valid only during the term of validity of a Community licence. Upon revocation or expiry of the Community licence, the validity of the authorisation for regular service will terminate. If the Community licence expires before the authorisation for regular service, the carrier must, before the expiry of the Community licence, submit a new application for the Community licence in accordance with the procedure established by this Act.
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]

§ 44.  Data of licence, certified true copy of Community licence, vehicle card and authorisation for regular service

[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(1) The model of a Community licence and certified true copy of a Community licence and the data entered on them must comply with Annex II to Regulation (EC) No. 1073/2009 of the European Parliament and of the Council. The licence plate of the vehicle is entered in the comments field of a certified true copy of a Community licence.
[RT I, 30.12.2011, 4 - jõust. 01.01.2012]
(2) A taxi licence must contain the carrier’s name, registered establishment and registry code, the name of the issuer of the licence, the number of the licence, the date of granting of the licence, the term of validity of the licence, and the main territory within which the carrier provides services.
(3) A vehicle card must contain the carrier’s name, registered establishment and registry code, the number of the licence, the make, model, registration plate, number of seats and name of the owner of the vehicle, the name of the issuer of the vehicle card, the date of granting of the card and the term of validity of the card. The main territory within which a carrier provides services is also entered on a vehicle card of a taxi.
(4) [Repealed – RT I 2009, 3, 14 – entry into force 10.01.2009]
(5) On an authorisation for regular service granted for carriage by bus, the carrier’s name, registered establishment and registry code, the name of the line and the points of departure and destination thereof, the name of the issuer of the authorisation, the number of the authorisation, the date of granting the authorisation, the term of validity of the authorisation and, if necessary, the number of passenger seats in the vehicle must be entered.
[RT I 2003, 71, 471 – entry into force 24.11.2003]
(6) The territory within which a carrier provides services specified in subsections (2) and (3) of this section is the administrative territory or a part of the administrative territory of the local authority of the carrier’s registration. By mutual agreement between local authority bodies, the administrative territory of the other local authority may also be the territory within which services are provided.
(7) The forms of the licences and authorisations specified in subsections (2) and (5) and of the vehicle card specified in subsection (3) of this section will be established by a regulation of the minister responsible for the field.
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]

§ 45.  Carrier’s obligation to carry

(1) The holder of an authorisation for regular service must perform the transport operations entered on the authorisation on the basis of the timetable approved by the issuer of the authorisation.
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(2) Upon provision of domestic commercial regular services, the holder of an authorisation for regular service must commence the transport operations entered on the authorisation within 15 calendar days as of the date of granting of the authorisation.
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(3) Upon provision of international commercial regular services, the holder of an authorisation for regular service must commence the transport operations entered on the authorisation within 90 days as of the date of granting of the authorisation.
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(4) The issuer and holder of an authorisation for regular service may agree on a later date for the commencement of the transport operations than the date entered on the authorisation.
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]

§ 46.  Suspension of validity and revocation of licence, certified true copy of Community licence, vehicle card and authorisation for regular service

[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(1) The issuer of licences may issue a precept to the holder of a licence for elimination of deficiencies or suspend for a specified term or revoke a licence, certified true copy of a Community licence or vehicle card if:
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
1) facts specified in clauses 41 (1) 1) to 5) of this Act become known with regard to the operations of the licence holder, or
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
2) or a driver of a public transport vehicle employed by the licence holder under an employment contract or another contractual basis fails in professional activities to comply with the requirements provided for in the Roads Act, the Working and Rest Time Act, the Traffic Act or this Act or legislation passed on the basis of these Acts.
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(2) The issuer of an authorisation for regular service may issue a precept to the authorisation holder for elimination of deficiencies or suspend the authorisation for a specified term or revoke the authorisation if the authorisation holder:
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
1) or a driver of a public transport vehicle employed by the applicant under an employment contract or another contractual basis fails in professional activities to comply with the requirements provided for in the Roads Act, the Working and Rest Time Act, the Traffic Act or this Act or legislation passed on the basis of the mentioned Acts, or;
2) has not commenced operation at the time prescribed by the timetable or has not organised transport operations on a regular basis.
(3) If the issuer of a licence revokes the Community licence of a carrier that provides commercial regular services, the issuer must inform the issuer of the authorisation for regular service thereof within five working days after the revocation and the issuer of the authorisation will also revoke the authorisation for regular service of the carrier.
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(4) If the issuer of licences revokes the Community licence of a carrier that provides public regular services, the issuer of the licence must, within five working days after the revocation, inform the authority with which the carrier has concluded a public service contract.
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(5) The issuer of licences may revoke a licence also at the request of the licence holder. If a licence holder also holds an authorisation for regular service, the licence holder must notify the issuer of the licence about such request within the term provided for in subsection (6) of this section.
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(51) The issuer of a certified true copy of a Community licence revokes the certified true copy of the Community licence at the request of the holder of the copy. The issuer of a vehicle card revokes the vehicle card at the request of the holder of the taxi licence.
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(6) The issuer of an authorisation for regular service may revoke the authorisation also at the request of the authorisation holder. If a carrier requests the revocation of an authorisation for regular service, the carrier must notify the issuer of the authorisation at least 90 calendar days in advance.
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(7) If the validity of a licence, certified true copy of a Community licence, vehicle card or authorisation for regular service has been suspended or it has been revoked, the document must be returned to the issuer immediately, but not later than within five working days.
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(8) If as a result of checks, it becomes evident that a carrier does not comply with the requirement of good economic standing but economic indicators characterising the carrier’s operation certify that the carrier will be able to comply with the requirement of good economic standing in the future, the issuer of the licence has the right not to suspend the licence and to allow the carrier to organise the carriage of passengers, but for not longer than one year.

§ 47.  Temporary prohibition of occasional services

If transport operations organised on the basis of a Community licence or an authorisation for regular service are in conflict with this Act, the issuer of the licence may temporarily prohibit the provision of occasional services without revoking the licence.
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]

§ 48.  International carriage of passengers

(1) [Repealed – RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(2) [Repealed – RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(21) [Repealed – RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(3) An authorisation for regular service for the international carriage of passengers is granted by the Ministry of Economic Affairs and Communications. The form of the authorisation for regular service of international lines whose points of departure and destination are located outside the Member States of the European Union will be established by a regulation of the minister responsible for the field based on the provisions of an international agreement.
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(4) [Repealed – RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(5) The fulfilment of requirements arising from international agreements and the application of limitations on international carriage by bus is organised by the Ministry of Economic Affairs and Communications. If the management of transport on the basis of a Community licence is in conflict with an international agreement, the Ministry of Economic Affairs and Communications may issue a precept to the licence holder for eliminating the defects, temporarily suspend the validity of the Community licence, revoke the Community licence or make a proposal to the issuer of the Community licence to revoke the Community licence.
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(6) Upon management of international occasional services, the carrier must have a control document for international occasional services where the journey form is filled in before the commencement of each transport operation. The form of a control document for international occasional services is set out on the basis of subsection 52 (1) of this Act in an Annex to the General Rules for Regular Carriage of Passengers by Bus, Occasional Carriage by Bus, Taxi Service and Carriage of Baggage established by the minister responsible for the field.
[RT I 2003, 71, 471 – entry into force 24.11.2003]
(7) Unless otherwise provided by an international contract, upon management of such international occasional services nor governed by Regulation (EC) No. 1073/2009 of the European Parliament and of the Council, the carrier must hold a transport permit of the country of destination and transit if the transport authorisation is required in these countries.
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]

§ 49.  Requirement to submit documentation

(1) A carrier is required to ensure that the drivers of public transport vehicles produce the following documents to police officers or other officials with inspection rights:
1) in domestic commercial regular services (including special transport operations) – a certified true copy of the Community licence and the approved timetable or a copy thereof, which sets out the number and validity term of the authorisation for regular service and requisite information concerning the issuer of the authorisation for regular service;
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
2) in international commercial regular services (including special transport operations) – a certified true copy of the Community licence, the authorisation for regular service and the approved timetable;
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
3) in public regular services (including special transport operations) – a certified true copy of the Community licence, provided that it is required by law, and an approved timetable or a copy thereof which sets out the number of the public service contract, the date of conclusion of the contract, the term of validity of the contract, and requisite information of the parties to the contract;
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
4) in domestic special commercial regular services provided on the basis of a contract concluded between an ordering party and a carrier – a certified true copy of the Community licence and a timetable or a copy thereof which sets out the number of the contract, the date of conclusion of the contract, the term of validity of the contract, and requisite information of the parties to the contract;
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
5) in domestic occasional services – a certified true copy of the Community licence;
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
6) in international occasional services – a certified true copy of the Community licence, the control document of international occasional services with a journey form filled in before the commencement of the transport operation and, in the case of occasional services that are not governed by Regulation (EC) No. 1073/2009 of the European Parliament and of the Council, a transport authorisation of the countries of destination and transit of the carrier, provided that a transport authorisation is required in these countries and an international agreement of the Republic of Estonia does not provide otherwise;
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
7) in taxi service – the vehicle card;
(2) The driver of a public transport vehicle of a foreign carrier must produce relevant documents arising from international agreements concluded by the Republic of Estonia or other international agreements to police officers or other officials with inspection rights.
(3) For the purpose of more effective management of taxi services, the rural municipality or city council may establish a requirement for establishment of working schedules for taxies. The rural municipality or city government will establish the procedure for the approval, issue and inspection of the working schedules.
(4) If the driver of a public transport vehicle and the carrier are two different persons, the driver must also produce a contract of employment or an extract thereof certified by the employer for inspection. The extract of the contract of employment must set out the names of the employer and employee, the date of conclusion of the contract, and the term of validity of the contract.
[RT I 2003, 71, 471 – entry into force 24.11.2003]

§ 50.  Obtainment of information from register

For the purpose of granting and revoking a licence, a certified true copy of a Community licence, a vehicle card and an authorisation for regular service, the issuers of these documents have the right to obtain information from registers in accordance with the procedure established in the Public Information Act and in the Register of Convictions Act.
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]

§ 51.  Suspension of unauthorised operation

In the event of conduct of a transport operation without the documents required in subsection 49 (1) of this Act, a police officer or other official entitled thereto under this Act have the right to suspend such transport operation until the facts due to which the operation was suspended are ascertained or cease to exist.
[RT I 2009, 62, 405 – entry into force 01.01.2010]

Chapter 9 VEO ÜLDEESKIRI 

§ 52.  General rules for regular carriage of passengers by bus, occasional carriage of passengers by bus, taxi service and carriage of baggage

(1) The general rules for regular carriage of passengers by bus, occasional carriage of passengers by bus, taxi service and carriage of baggage will be established by the minister responsible for the field.
(2) On the basis of the general rules specified in subsection (1) of this section, rural municipality and city councils may establish rules for local regular services by bus, tram or trolleybus, for taxi service and for carriage of baggage, which must not be in conflict with the general rules.
(3) General rules for the carriage of passengers and baggage in railway, waterway and air traffic will be established on the basis of other Acts.
(4) The rights and obligations arising from a contract between a carrier and a passenger cannot be regulated by the general rules referred to in subsections (1) to (3) of this section.
[RT I 2003, 71, 471 – entry into force 24.11.2003]

§ 53.  Carriage of lightweight consignments and rules for carriage thereof

(1) Lightweight consignments may be carried by bus or other public transport vehicle used in road traffic at the same time with passengers and their baggage on condition that such carriage is safe for the persons staying in the vehicle and it does not prevent the performance of the obligations prescribed by the licence.
(2) The minister responsible for the field will establish the rules for carriage of lightweight consignments by public transport vehicles specified in subsection (1) of this section.
(3) The rules for carriage of lightweight consignments in railway, waterway and air traffic will be established on the basis of other Acts.
(4) The rights and obligations arising from a contract between a carrier and a passenger cannot be regulated by the general rules referred to in subsections (1) to (3) of this section.
[RT I 2003, 71, 471 – entry into force 24.11.2003]

Chapter 91NATIONAL PUBLIC TRANSPORT REGISTER 
[RT I 2003, 71, 471 - entry into force 24.11.2003]

§ 531.  National public transport register

(1) The national public transport register (hereinafter register) is a database established by the Government of the Republic on a proposal of the minister responsible for the field the purpose of keeping of which is to gather the timetables of existing bus lines, information on carriers and on Community licences, certified true copies of Community licences and authorisations for regular service granted to carriers as well as information on awarded public service contracts into a single database and records are kept thereof. Records of rural municipality and urban lines and their timetables are kept in the database as of 1 January 2010.
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(2) The chief processor of the register is the Ministry of Economic Affairs and Communications and the authorised processor is the Road Administration.
[RT I 2009, 25, 150 – entry into force 01.07.2009]
(3) The statutes of the national public transport register will be established by the Government of the Republic.

§ 532.  Register’s databases

(1) The register consists of the following databases:
1) carrier database;
2) database of Community licences;
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
3) database of certified true copies of Community licences;
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
4) database of authorisations for regular service;
5) contract database;
6) timetable database;
7) public transport vehicle stopping point database.
(11) The database of Community licences specified in clause 2) of subsection (1) of this section also contains information on public transport licences granted before 4 December 2011 and on entries concerning the right to the international carriage of passengers made on these authorisations and the database of certified true copies of Community licences specified in clause 3) of subsection (1) of this section also contains information on vehicle cards granted before 4 December 2011 to carriers engaged in the carriage of passengers on the basis of a public transport licence.
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(2) In the carrier database, records are kept of carriers engaged in the carriage of passengers and on their contact details.
(3) In the database of Community licences, records are kept of Community licences issued to carriers engaged in the carriage of passengers.
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(4) In the database of certified true copies of Community licences, records are kept of certified true copies of Community licences granted to carriers engaged in the carriage of passengers.
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(5) In the database of authorisations for regular service, records are kept of authorisations for regular service granted to carriers organising commercial regular services.
(6) In the contract database, records are kept of public service contracts concluded with carriers.
(7) In the timetable database, records are kept of arrivals and departures of vehicles on lines managed by carriers on the basis of authorisations for regular service, public service contracts or other contracts.
(8) In the public transport vehicle stopping point database, records are kept of vehicle stopping points in the public transport route network and of the location of the stopping points.
(9) The information in the register is informative and statistical.

§ 533.  Persons required to submit information to register

The following persons must submit information to the register:
1) regarding Community licences and certified true copies of Community licences – the county government of the place of registration of the carrier or a non-profit association;
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
2) [Repealed – RT I, 30.12.2011, 4 – entry into force 01.01.2012]
3) regarding the authorisations for regular service and timetables of urban and rural municipality lines and the county lines specified in subsection 5 (3) of this Act – the city or rural municipality governments concerned as of 1 January 2010;
4) regarding the authorisations for regular service and timetables of county lines and long-distance lines specified in subsection 6 (3) of this Act – the county governments concerned;
5) regarding authorisations for regular service and timetables of domestic long-distance lines – the Road Administration, except in the case of the long-distance lines specified in subsection 6 (3) of this Act;
[RT I 2009, 25, 150 – entry into force 01.07.2009]
6) regarding authorisations for regular service of international long-distance lines and timetables – the Ministry of Economic Affairs and Communications.
[RT I 2009, 3, 14 – entry into force 10.01.2009]

§ 534.  Publication of registration data

(1) The information entered in the register is public and is published on the website of the register.
(2) Certified extracts of the information in the register are issued by the authorised processor.

Chapter 10 STATE SUPERVISION AND SPECIAL PROVISIONS 
[RT I, 13.03.2014, 4 - entry into force 01.07.2014]

§ 535.  State supervision

[RT I, 13.03.2014, 4 – entry into force 01.07.2014]
(1) Within the limits of their competence, rural municipality, city and county governments, the Road Administration and the Ministry of Economic Affairs and Communications exercise supervision over compliance with the requirements of licences for the carriage of passengers and authorisations for regular service and over performance of public service contracts.
(2) The Consumer Protection Board ensures the implementation of Regulation (EU) No. 181/2011 of the European Parliament and of the Council concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004 (OJ L 55, 28.02.2011, pp. 1–12) on regular bus services falling within the scope of application of the regulation and, within the limits of its competence, exercises supervision over compliance with the regulation and other requirements concerning consumer rights.
(3) Within the limits of their competence, police authorities, rural municipality, city and county governments, the Ministry of Economic Affairs and Communications, the Consumer Protection Board and the Road Administration exercise state supervision over adherence to carriage requirements.
[RT I, 13.03.2014, 4 – entry into force 01.07.2014]

§ 536.  Special measures of state supervision

[RT I, 13.03.2014, 4 – entry into force 01.07.2014]
A law enforcement authority may, for the purpose of exercising the state supervision provided for in this Act, take special measures of state supervision provided for in §§ 30, 31, 32, 45, 49, 50 and 52 of the Law Enforcement Act on the grounds and in accordance with the procedure provided for in the Law Enforcement Act.
[RT I, 13.03.2014, 4 – entry into force 01.07.2014]

§ 537.  Specifics of state supervision

[RT I, 13.03.2014, 4 – entry into force 01.07.2014]
(1) For the purpose of taking a state supervision measure, the law enforcement authority may enter a public transport vehicle and a vehicle pretending to be a public transport vehicle.
(2) The law enforcement authority has the right to use a public transport vehicle free of charge on its travel route at the time of taking a public supervision measure.
(3) Relevant officials may inspect the documents provided by this Act as follows:
1) police officers – all documents specified in § 49 of this Act;
2) rural municipality government or city government officials – documents specified in clauses 49 (1) 1), 3), 4), 5) and 7) and in subsections 49 (3) and (4) of this Act;
3) county government officials – documents specified in clauses 49 (1) 1), 3), 4), 5) and 7) and in subsection 49 (4) of this Act;
4) officials of the Ministry of Economic Affairs and Communications – all documents specified in subsections 49 (1) and (4) of this Act;
5) consumer protection officials – all documents specified in § 49 of this Act;
6) Road Administration officials – all documents specified in § 49 of this Act.
[RT I, 13.03.2014, 4 – entry into force 01.07.2014]

§ 538.  Determination of bus terminals

The list of bus terminals where, in accordance with Regulation (EU) No.181/2011 of the European Parliament and of the Council, assistance is provided to disabled persons and persons with reduced mobility will be established by a regulation of the minister responsible for the field.
[RT I, 13.03.2014, 4 – entry into force 01.07.2014]

§ 539.  Rate of penalty payment

In the event of failure to comply with precepts, the law enforcement authority may impose a penalty payment in accordance with the procedure provided for in the Substitutive Enforcement and Penalty Payment Act. The maximum penalty payment payable by a natural person is 1300 euros and the maximum penalty payment payable by a legal person is 6400 euros. The penalty payment imposed on a natural person for the purpose of forcing them to perform the same obligation must not exceed 6400 euros and that of a legal person must not exceed 32 000 euros.
[RT I, 13.03.2014, 4 – entry into force 01.07.2014]

§ 54.  Requirements for buses and automobiles used as public transport vehicles

[RT I, 13.03.2014, 4 – entry into force 01.07.2014]
(1) Buses and automobiles used as public transport vehicles must bear the name or service mark of the carrier and, while providing regular services, the number and name of the line.
(2) The minister responsible for the field may establish the requirements for the comfort and safety of passengers for buses and automobiles used in domestic and international regular services (except local regular services) on the basis of subsection 73 (11) of the Traffic Act.
(3) County governments may establish the requirements for the comfort and safety of passengers for buses and automobiles used on county lines.
(4) Rural municipality governments and city governments may establish the requirements for the comfort and safety of passengers for buses and automobiles used on rural municipality or urban lines.
[RT I, 13.03.2014, 4 – entry into force 01.07.2014]

Chapter 101LIABILITY 

§ 541.  Violation of general rules for regular carriage of passengers by bus, occasional carriage by bus, taxi service and carriage of baggage in public transport vehicle

[Repealed – RT I, 12.07.2014, 1 – entry into force 01.01.2015]

§ 542.  Violation of requirements for carriage by bus, tram or trolleybus and for taxi service and for carriage of baggage

(1) Violation of the requirements for carriage by bus, tram, trolleybus or taxi and for carriage of baggage by a bus driver, tram driver, trolleybus driver or taxi driver is punishable by a fine of up to 200 fine units.
(2) Violation of the requirements for carriage by bus, tram or trolleybus upon management of bus, tram or trolleybus transport by a transport manager is punishable by a fine of up to 200 euros.
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(3) Violation of the requirements for taxi service by a transport manager is punishable by a fine of up to 100 fine units.
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(4) Violation of the requirements for carriage by bus, tram, trolleybus or taxi by a legal person is punishable by a fine of up to 3200 euros.
[RT I 2010, 22, 108 – entry into force 01.01.2011]

§ 543.  Taxi service and management thereof without proper taximeter or printer

(1) The provision or management of the taxi service using a power-driven vehicle that lacks a proper taximeter or a compatible printer or whose taximeter or printer does not function or whose taximeter has not been properly adapted to the vehicle as well as the deliberate damaging of the taximeter used for provision of taxi services or the seals thereof is punishable by a fine of up to 100 fine units.
(2) The same act, if committed by a legal person, is punishable by a fine of up to 3200 euros.
[RT I 2010, 22, 108 – entry into force 01.01.2011]

§ 544.  Violation of requirements for adaptation of taximeter

(1) The adaptation of a taximeter without having respective authorisation or violation of the requirements for adaptation is punishable by a fine of up to 100 fine units.
(2) The same act, if committed by a legal person, is punishable by a fine of up to 3200 euros.
[RT I 2010, 22, 108 – entry into force 01.01.2011]

§ 545.  Management of carriage of passengers for charge without documents prescribed by law

(1) The management of the carriage of passengers by a bus, tram, trolleybus or automobile for a charge without the documents prescribed by this Act is punishable by a fine of up to 300 fine units or by detention.
(2) The same act, if committed by a legal person, is punishable by a fine of up to 3200 euros.
[RT I 2010, 22, 108 – entry into force 01.01.2011]

§ 546.  Carriage of passengers for charge without documents prescribed by law

The carriage of passengers by a tram, trolleybus or automobile driver for a charge without the documents prescribed by this Act is punishable by a fine of up to 150 fine units.
[RT I 2003, 71, 471 – entry into force 24.11.2003]

§ 547.  Travel without document certifying right to use public transport and refusal to pay taxi travel fare

(1) Travel without a document certifying the right to use public transport on a bus, tram, trolleybus or passenger train is punishable by a fine of up to 10 fine units.
(2) The same act if committed on a liner plying a regular maritime or inland waterway route or on aircraft is punishable by a fine of up to 50 fine units.
(3) Refusal to pay taxi travel fare is punishable by a fine of up to 50 fine units.
[RT I 2003, 71, 471 – entry into force 24.11.2003]

§ 548.  [Repealed – RT I 2002, 110, 654 – entry into force 09.01.2003]

§ 549.  [Repealed – RT I 2002, 110, 654 – entry into force 09.01.2003]

§ 5410.  Failure by parent to perform duty of care resulting in travelling of child in public transport vehicle without document certifying right to use public transport

[Repealed – RT I, 12.07.2014, 1 – entry into force 01.01.2015]

§ 5411.  Proceedings

[Repealed – RT I, 13.03.2014, 128 – entry into force 23.03.2014]

§ 5412.  Failure to provide assistance to disable person and person with reduced mobility at designated bus terminals and on board buses

(1) Failure to comply with the requirements established in Article 13 of Regulation (EU) No. 181/2011 of the European Parliament and of the Council is punishable by a fine of up to 50 fine units.
(2) The same act, if committed by a legal person, is punishable by a fine of up to 3200 euros.
[RT I, 13.03.2014, 128 – entry into force 23.03.2014]

§ 5413.  Failure to provide assistance to passenger in case of cancelled or delayed departure

(1) Failure to comply with the requirements established in Article 21 of Regulation (EU) No. 181/2011 of the European Parliament and of the Council is punishable by a fine of up to 50 fine units.
(2) The same act, if committed by a legal person, is punishable by a fine of up to 3200 euros.
[RT I, 13.03.2014, 128 – entry into force 23.03.2014]

§ 5414.  Failure to provide information

(1) Failure to comply with the requirements established in Articles 15, 20 and 24 of Regulation (EU) No. 181/2011 of the European Parliament and of the Council is punishable by a fine of up to 50 fine units.
(2) The same act, if committed by a legal person, is punishable by a fine of up to 3200 euros.
[RT I, 13.03.2014, 128 – entry into force 23.03.2014]

§ 5415.  Proceedings

The body that carries out extrajudicial proceedings of the misdemeanours specified in this Act is:
1) in the event of the misdemeanours specified in §§ 542–547 of this Act – the Police and Border Guard Board;
2) in the event of the misdemeanours specified in §§ 542–547 of this Act – the rural municipality or city government;
3) in the event of the misdemeanours specified in § 542 and §§ 545–547 of this Act – the county government;
4) in the event of the misdemeanours specified in §§ 542–547 of this Act – the Ministry of Economic Affairs and Communications and the Road Administration;
5) in the event of the misdemeanours specified in § 542 and §§ 5412–5414 of this Act – the Consumer Protection Board.
[RT I, 12.07.2014, 1 – entry into force 01.01.2015]

Chapter 11 FINAL PROVISIONS 

§ 55.  [Repealed – RT I 2002, 63, 387 – entry into force 01.09.2002]

§ 56.  [Repealed – RT I 2002, 63, 387 – entry into force 01.09.2002]

§ 57.  Amendment of the Code of Administrative Offences

[Omitted from this text.]

§ 58.  Amendment of State Fees Act

[Omitted from this text.]

§ 59.  Implementation of Act

(1) This Act will enter into force on 1 October 2000.
(2) [Repealed – RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(3) [Repealed – RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(4) [Repealed – RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(5) [Repealed – RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(6) [Repealed – RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(7) [Repealed – RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(8) [Repealed – RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(9) [Repealed – RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(10) [Repealed – RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(11) [Repealed – RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(12) Clause 24 (3) 3) is repealed as of 1 April 2004.
(13) [Repealed – RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(14) [Repealed – RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(15) A public transport licence, the right to provide the international carriage of passengers and a vehicle card for domestic or international carriage by bus granted to a carrier in accordance with the requirements in force before 1 January 2012 will remain in force until the date specified on the authorisation or vehicle card.
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(16) On the basis of a valid public transport licence, a certified true copy of the Community licence will be issued on the condition that the applicant complies with the requirements established in § 35 of this Act. In such an event the certified true copy of the Community licence only entitles the holder to domestic carriage of passengers during the term of validity of the public transport licence and the respective information is entered in the comments field of the certified true copy of the Community licence.
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(17) If to an applicant for a Community licence a public transport licence has been granted before 1 January 2012 and less than two years have passed from the revocation of the authorisation and the reason for the revocation is the violation of the requirements established by law, no Community licence will be granted to the applicant.
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(18) If a person has received a training certificate of a person responsible for international carriage of passengers in accordance with the requirements in force before 4 December 2011, the person does not need to complete the transport manager training course, take a written final examination of the training course or hold a respective training certificate. In such an event the training certificate of the person responsible for international carriage of passengers is deemed to be the transport manager training certificate required for carriage by bus.
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(19) In the event of carriage by bus, the transport manager training course does not need to be completed or the final examination does not need to be taken by a person who proves that, before 4 December 2009, they have regularly managed the transport operations of a carrier over a period of ten years.
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(20) A person who has been issued a training certificate of a person responsible for domestic carriage of passengers in accordance with the requirements in force before 1 January 2012 may work for a carrier holding a public transport licence and engaged solely in domestic transport operations until the public transport licence expires. The person may also work for a carrier engaged in transport operations on the basis of a Community licence until 1 July 2012. If the person wishes to receive the training certificate of passenger transport managed on the basis of a Community licence, the person does not need to complete the transport manager training course or take the written final examination of the training course to the extent that the subjects covered in the training course preceding the obtaining of the training certificate of the person responsible for domestic passenger transport overlaps with the subjects covered in the transport manager training course.
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(21) A person who has received a training certificate of a person responsible for carriage of passengers on the basis of a taxi licence in accordance with the requirements in force before 1 January 2012 does not need to complete the transport manager training course, take a written final examination of the training course or hold a respective training certificate. In such an event the training certificate of the person responsible for carriage of passengers on the basis of a taxi licence is deemed to be the transport manager training certificate required for carriage by taxi.
[RT I, 30.12.2011, 4 – entry into force 01.01.2012]
(22) On the basis of subsection 28 (1) of this Act, travel expenses of a school pupil acquiring vocational education full-time are compensated.
[RT I, 02.07.2013, 1 – entry into force 01.09.2013]
(23) In the case of domestic regular services, the exception according to which the provisions of Regulation (EU) No. 181/2011 of the European Parliament and of the Council, with the exception of Article 4(2), Article 9, Article 10(1), point (b) of Article 16(1), Article 16(2), Article 17(1) and (2), and Articles 24 to 28, are not applied until 28 February 2017 on the basis of Article 2(4) of Regulation No. 181/2011.
[RT I, 13.03.2014, 128 – entry into force 23.03.2014]
(24) Regular services a significant part of which, including at least one scheduled stop, is outside the European Union, are subject to the exception based on Article 2(5) Regulation (EU) No. 181/2011 of the European Parliament and of the Council, according to which the provisions of Regulation No. 181/2011 are not applied until 28 February 2017.
[RT I, 13.03.2014, 128 – entry into force 23.03.2014]
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