319/2016 Sb.



LAW



of 6 May 1999. September 2016,



amending Act 266/1994 Coll., on rail, as amended

regulations, and other related laws



Parliament has passed the following Act of the United States:



PART THE FIRST



Amendment of the Act on rail



Article. (I)



Act 266/1994 Coll., on rail, as amended by Act No. 189/1999 Coll.

Act No. 23/2000 Coll., Act No. 71/2000 Coll., Act No. 132/2000 Coll.

Act No. 77/2002 Coll., Act No. 175/2002 Coll., Act No. 320/2002 Coll.

Act No. 103/2004 Coll., Act No. 1/2005 Coll., Act No. 181/2006 Coll.

Act No. 186/2006 Coll., Act No. 191/2006 Coll., Act No. 296/2007 Coll.

Act No. 124/2008 Coll., Act No. 227/2009 Coll., Act No. 377/2009 Coll.

Act No. 194/2010 Coll., Act No. 134/2011 Coll., Act No. 102/2013 Coll.

Act No. 64/2014 Coll., Act No. 180/2014 Coll. and Act No. 250/2014 Coll.

is amended as follows:



1. Footnote 1 is added:



"1) European Parliament and Council Directive 2000/9/EC of 20 May 1999. March

2000 on cableway installations for the transport of persons.



European Parliament and Council Directive 2004/49/EC of 29 April 2004. April 2004

the railway safety directive the community and amending Council Directive 95/18/EC on the

licensing of railway undertakings and Directive 2001/14/EC on the

allocation of railway infrastructure capacity and the levying of railway

infrastructure and safety certification (directive on

the railway safety directive).



European Parliament and Council Directive 2007/59/EC of 23 December 2003. October 2007

on the issue of a certificate by the driver drivers driving vehicles and trains in

the railway system in the community.



European Parliament and Council Directive 2008/57/EC of 17 May 1999. June 2008

on the interoperability of the rail system within the community.



Commission directive 2009/132/EC of 16 December 2002. October 2009 amending

Annex VII to the directive of the European Parliament and Council Directive 2008/57/EC on the

interoperability of the rail system within the community.



Directive of the European Parliament and of the Council of 2012/34/EU of 21. November

2012 on the creation of a single European railway area ".



2. In article 2 (2). 8, the words "in accordance with the commercial code" shall be deleted and the words

"the undertaking or branch of an undertaking located in the territory of the United

the Republic is registered in the commercial register "shall be replaced by the words" has the

the territory of the United States branch factory ".



3. In paragraph 2, the following paragraph 9 to 12 shall be added:



"(9) Device services means the railway station, sidings

petrol stations and other technical equipment which is used to provide

services directly connected with the operation of railway transport on

national or regional or on publicly accessible siding.



(10) the runway Capacity means the capacity to allow its usable

the layout of the required routes trains on a section of track in a specific

period.



(11) the path capacity Allocation means the negotiations to allow the use of

such a part of the total capacity of the runway, which is needed for

the route of the train.



(12) a Member State shall mean the Member State of the European Union and other

Contracting State to the agreement on the European economic area. "



4. In article 3, paragraph 3. 1, point (b)) the following new point (c)), which read as follows:



"(c)), which is the local path path local interest separate from national

or regional railways; the track is separated, it allows the transfer of overhead

vehicles on different runway only using special technical equipment

or is used exclusively to the operation of non-public personal railway transport,

passenger rail transport for the purposes of tourism or operated by

historical trains ".



Subparagraph (c)) to (d)) shall become points (d) to (e)).)



5. In section 3, paragraph 3. 1, the following point (d)) the following point (e)), which read as follows:



"e) test track, which is a track that is used in particular for the implementation of

trial operation of rail vehicles or the type-approval tests

or changes to the type of rail vehicles and rail infrastructure, ".



Letter e) is renumbered as paragraph (f)).



6. In paragraph 4a after paragraph 2, insert a new paragraph 3 is added:



"(3) the Level of access to the platforms are accessible to the public,

with the exception of crossing the tracks, when:



the alert is given) and light signal warning device for

crossing the tracks,



(b)) is given a warning acoustic signal warning device for

crossing the tracks,



(c)), the tilt is tipped or the latch warning device for

crossing the tracks,



d) is no longer immediately see or hear the approaching railway

a vehicle cruising the transition track



(e)) is the transition track disabled rail operator instructions.



The technical ways of warning device for switching tracks down

the implementing regulation. ".



7. in section 5, paragraph 1 shall be added at the end of the sentence "the construction of the runway is not

part of the land. The construction of the national, regional, tramway,

trolleybus or track special is a public benefit. ".



8. In section 5, paragraph 1, the following new paragraphs 2 and 3 shall be added:



"(2) in accordance with the law on expropriation can be to carry out the construction of railways to withdraw

or limit the title to the land or the building or the right

the relevant factual proof to the land or the building.



(3) if the ownership of the land or the construction needed to

implementation of the construction of the national or regional limits agreement and

the award of this restriction provided for an expert's report is less than 1 000

EUR, shall negotiate with the remuneration of Czk 1 000. ".



Paragraphs 2 to 4 shall become paragraphs 4 to 6.



9. In section 8 paragraph 1. 1 (b). (b)), after the words "160 km/h," the words "and for

track test ".



10. In § 8 para. 1 (b). (c)), the words "at a siding" shall be replaced by "for the track

local and sidings ".



11. in § 9 para. 3 and 4, the words "real estate" is replaced by "immovable

thing ".



12. in § 9 para. 4 and § 10 (1). 1 the term "immovable property" shall be replaced by

"immovable property".



13. in paragraph 12 (a). a) and b), the words "eligible to act"

replaced by the words "fully responsible".



14. section 13a is inserted:



"§ 13a



For the purposes of verifying the integrity of the railway's administrative office shall request an extract from the

criminal records. Request to issue the statement and the extract from the register

Criminal record shall be transmitted in electronic form, in a manner

allowing remote access. For the purposes of verification of integrity is railway

the Administrative Office shall also be entitled to request from the Court a copy of a final

decision. ".



Footnote No. 5b are deleted.




15. In paragraph 16, at the end of paragraph 2 the following sentence "Railway administrative Bureau in

the decision to release an official permit for the test track in accordance with § 3

paragraph. 1 (b). e) lays down the conditions under which it can be on this track

run a test operation of rail vehicles or tests for approval

type or type of rail vehicles and rail infrastructure. ".



16. in section 22 para. 1 at the end of subparagraph (f)), the comma is replaced by a dot and the

the letter g) shall be deleted.



17. in section 22 shall be added to § 22a is inserted:



"§ 22a



(1) the Siding is publicly accessible, if



and the area used) is not included in the mining, processing or

the energy industry,



(b)) is not used exclusively by the need of its owner or any other person, and

her Shuttle operates more than one carrier,



(c)), its main purpose is the connection of the device services at national and

regional career.



(2) the operator shall publicly inaccessible siding will allow carriers

non-discriminatory manner at a price agreed under the price law

enjoy this siding or part thereof for the purpose of access



and the other runway) is used where train or part thereof as a conjunction of two or

multiple pathways of different owners,



(b)) to the device of the service, if it is a railway siding, pursuant to paragraph 1. (c)), or



(c)) to another device or Terminal place, whose owner or

the operator is different from the owner or operator of the siding.



(3) the operator shall forward an indication of its siding inaccessibility, including

the preamble to the Office for access to transport infrastructure (hereinafter referred to as

"The Office") and publish it in a manner allowing remote access to 10

working days from the date on which this event occurred. If the authority to

the conclusion that the condition is not met for the exclusion of public accessibility

siding pursuant to paragraph 1. a), b) or (c)), saves the ex officio

the operators of the siding so that it operated as a publicly accessible.



(4) the authority shall, at the request of the carrier, which the operator publicly inaccessible

siding use this siding has denied in whole or in part contrary to the

paragraph (2), require the undertaking to conclude a contract with a carrier rail siding

to enable use of the siding. The application can be submitted within a period of 30 days from the date on

the use of the siding denied. ".



18. section 23 reads as follows:



"article 23 of the



(1) the operator of the national or regional or publicly

accessible, in addition to the siding the obligations referred to in section 22 para. 1 and 2

shall be obliged to



and carriers) enabling the use of the allocated capacity and at least

the provision of services related to the use of the railways and related services

with the operation of rail vehicles on the runway; minimum range and contents of these

services shall determine the implementing legislation,



(b)) to ensure non-discriminatory access to carriers by

the services provided,



(c) to negotiate a price for the use of) and for the allocation of capacity

non-discriminatory manner,



(d)) to enable the carrier that meets the conditions for the operation of railway

transport under this Act to operate the railway transport on the track for the price

negotiated according to the price law,



(e) allow carriers the use of railways) on as long as necessary for the circles

nesjízdného leg of the course, if this was caused by a natural disaster nesjízdnost

event or incident,



(f)) lead a list of operated by railways and their components; for a list of

contains at least the technical and operational description of the track and its components,

information on the technical and operational condition of the track and its components, the data on the

the ongoing reconstruction of the track and its components, and the level of financial

funds for the reconstruction of the incurred,



g) handle the method of determining the costs which were incurred by them in providing

the individual services to shippers, and the way to assign these costs to

individual services.



(2) the operator of the national or regional or publicly

accessible siding business to adopt a plan containing at least the information

about



and the intended scope of activities) and how its financial security,



(b)), the technical nature of the operated railway company and its capacity and



(c) conditions for access to it) performed by the track.



(3) the operator of the national or regional or publicly

accessible siding will publish before the adoption of the plan of business data

in accordance with paragraph 2 (a). (b)), and (c)), and the figures for the planned development of the operated

the track way allowing remote access. Each can to these data

apply reasoned comments. To this end, the infrastructure manager

fix an appropriate time-limit, which shall be notified, along with the disclosure of the data.



(4) the contract of operation of railway transport on the national or

regional or on publicly accessible siding must include arrangements for the



and the price for the use of the track),



(b) the penalty payments for disruption) operation of railway transport

caused by the track operator or carrier,



(c)) how to report creation, the causes and duration of the disruption to the operation of

railway transport between the parties to the Treaty,



(d)) non-partisan method of settling disputes between parties to the contract

concerning the penalty payments for disruption of operation of railway transport;

the period within which the dispute is to be adopted, is 10 working days.



(5) if the track or part thereof has been declared to be congested, it processes

the operator of railways within 6 months from the date of this statement analysis

the capacity of the runway in question, stating the identified causes of overloading of the track

and propose mitigation measures to reduce or eliminate the overload. When

processing analysis, the infrastructure manager shall take account of at least the technical and

operating characteristics of overloaded and the type and intensity of the operating

the rail transport. Measures to reduce or eliminate overload

correspond to the identified causes of overload and include, in particular, the proposals on

the change to the timetable, the change of speed on the track or making a

construction of the track.



(6) the operator of railways shall, within 6 months from the date of processing of the analysis

the capacity of the railways on the basis of a plan to reduce or eliminate

overload of the track. The draft plan shall consult with hauliers engaged in railway

transport on the track, and also, if it is operated on the runway

rail transport on the basis of the Treaty on public transport services

the passengers, with the County, in whose territorial jurisdiction the coaster is located, and with the

The Ministry of transport. If the plan is adopted, it is not the infrastructure manager

obliged to perform further analysis when the declaration concerned railways

or part thereof to be congested. The infrastructure manager will process analysis


the capacity of the railways and to adopt a plan under it also the case that

pathway overload or part thereof is imminent.



(7) the operator of the track, which has been declared to be congested, it prompts in

accordance with the rules contained in the Declaration of the trajectory of the carrier prescribed

This track or part thereof to the waiver of the allocated capacity of the runway, if



and) during at least one month does not make use of the allocated capacity

congested railways in its entirety and



(b)) this is caused by the management of the carrier, or by other

the reasons that the carrier could influence.



(8) the categories of causes disruption of operation of railway transport, the minimum

the range of the data transmitted in its reporting between the parties to the contract of

operation of railway transport on the national or regional or

publicly accessible siding and content requirements plan to eliminate

the causes of overloading of the track down detailed legislation. ".



Footnote 6 is deleted.



19. Section 23b and 23 c including title:



"section 23b



Limitation of the operation of railways



(1) the operator of a track is entitled to limit the operation of the runway or its

part of the time strictly necessary and to the extent necessary due to



and the implementation of activities related to) the maintenance or repair of the runway,



(b)) the implementation of activities connected with the implementation of the construction of the track, or on

track or other activities against the safety or fluidity

railway transport on the track, or



(c)) violation operability or natural disaster and emergency

the implementation of activities related to the recovery of operability.



(2) if it is possible having regard to the purpose of the activities referred to in paragraph 1 and the

the nature of the track, the track operator performs these activities in such a

in a way, that the operation of railway transport on the track



and there was limited;) to this end, the operator of railways as a priority

uses the capacity of the track dedicated to these activities in the statement of

track, or



(b)) was limited to the period strictly necessary and, in the strictly necessary

the range, if you cannot follow the letter a).



(3) the operator shall track processes proposed plan restrictions on the conduct of the track

or part thereof for the implementation of activities related to the maintenance or

repair of the runway and the activities connected with the implementation of the construction of the track or

on the track or other activities against the safety or fluidity

railway transport on the track, the rate exceeds the estimated time limit 24

hours. The draft plan contains at least the definition of the time period to which

the plan is processed, the number, location, and estimated durations

each of the restrictions on the conduct of the track, and their reasons and the

the envisaged scope of the limitation of operation of railway transport on the track.



(4) a draft plan for restricting the operation of railways or its part will discuss

the operator of railways with the owner of the track, with the carriers concerned

the track operated by railway transport, and with the applicant for the allocation of capacity at the

This track. If the capacity is allocated track on the track, the operator

the track also will discuss the draft plan with the person who assigned capacity

(hereinafter referred to as "allocator allocates"), if it is different from the operator. With the region, on

the territory or part of the path restrictions in question is located, and with the

The Ministry of transport, the infrastructure manager shall discuss the draft plan with respect

on its impact on travel, on the basis of the Treaty on public

passenger transport services. An employee of the authority shall be entitled to be

present at the consideration of the draft plan.



(5) unless the operator tracks when discussing the draft plan

limitation of the operation of the runway or its part, agree with all the

carriers on the extent of the changes and restrictions operated of railway transport on the track,

propose a range of changes and restrictions even without the agreement of the operator of railways.

It proceeds in such a way to minimise the effects of changes and

limitation of railway transport for individual carriers do not exceed reasonable

peace, and this proposal is justified. To this end, the infrastructure manager is

entitled to propose a combination of two or more trains to one carrier.



section 23 c



(1) a draft plan for restricting the operation of railways or its part approved after

his discussion of the authority at the request of the rail operator. To the application

the infrastructure manager shall be accompanied by a draft of the plan limits the operation of railways or

part of the agreement with the individual carriers, were closed.



(2) the proposed plan for restrictions on the operation of the runway or its part shall be approved

the requirements are satisfied under section 23b.



(3) the restriction of the operation of all or portions of the track due to the implementation of the

activities which are not included in the approved plan limitations may

the operator only, in the case of activities associated with the



and restoration of operability) after a natural disaster or disruption

extraordinary events



(b) the maintenance or repair of the runway), does not exceed the estimated time of

24-hour restrictions, or if there are no restrictions on operation of railway transport

on the track, or



(c) the maintenance or repair of the runway), are not subject to the conditions referred to in point (a)

(b)), but the implementation of these activities does not tolerate delay.



(4) the operator of a restriction in accordance with paragraph 3, without undue

delay, inform the carrier concerned, the owner of the track, and authority. In

the notification shall indicate the reasons for, and expected period of limitation. If they are not

compliance with the conditions referred to in paragraph 3, the operator of railways Office stores

restore the operation of railways and set a reasonable term to do.



(5) on changes to the plan limits the operation of the runway or its part

paragraphs 1 and 2 and Section 23b para. 4 and 5 shall apply mutatis mutandis. ";"



20. in part three, part four shall be inserted, which including the title reads as follows:



"PART FOUR



OPERATION SERVICES



Section 23d



(1) the operator provides services through carriers

This device services directly related to the operation of the railway

transport non-discriminatory manner at a price agreed under the price

regulations. The price for the services directly related to the operation of

rail transport must not be discriminatory; in the case of the supply of traction

electrical energy, operator of the establishment shall take into account in the design of services

prices also method of operation of railway transport, in particular the speed of travel and

the frequency of stop rail vehicles.



(2) the operator shall make available to the competent services přídělci

path capacity at least 60 days before the date of publication of the Declaration

about track



and the price for the service provided),



(b)) and terms of service




(c) the price for the use of the siding) to the connection of the device to a different service

the runway is the operator of this siding.



(3) the operator services provides these services without undue

the delay in time corresponding to its nature and goals. The operator

device services may provide these services to deny only



and) can be carriers of the same services are provided in another device

services,



1. without compromising the use of path capacity allocated to the

the carrier or was associated with the increase in its costs, and



2. the operator of a different device in the desired range service services

provide, or



(b)) is unable to provide these services, even if only to a limited extent, or in the

other than the required time, due to



1. fulfillment of operational volume of equipment services, or



2. breach of the requirement to provide services with technical or operational

the terms of the provision of services.



(4) the authority shall, at the request of the operator to whom the provision of services

These services wholly or partially denied in contravention of this Act,

saves the plant operators to conclude a contract with an applicant services

to enable these services to provide at least to a limited extent, or in the

other than the required time. The application can be submitted within a period of 30 days from the date on

which the provision of services denied.



(5) the breakdown of the equipment services and their operating component provides

the implementing legislation.



Section 23e



Provide proof of the carrier to the owner of the equipment services which is not for

at least 2 years, the need for repeated provision of services

through this device, the owner shall ensure that within a reasonable period

its operation. This does not apply if the owner of the



and services on the device) performs the modification that prevented its use for

the provision of services, or



(b)) could not find the service operator or through public

menu or the contest of the best tender for the operation of

device services.



Section 23f



(1) the carrier who has a dominant position on the market for personal or

rail freight traffic, and that is at the same time the operator of equipment

services or of such controls, the operator shall ensure that the following services

have been provided through the branches and their provision was

guided by separate post. Denies such an operator services

their provision, it shall notify, in writing, to the lead, stating the reasons,

where appropriate, the marks of the operator, which can lead to provide the same

the service, under the conditions laid down in this law.



(2) the device on which the operation of services covered by the obligation under

paragraph 1, are



and) railway station



b) stabling tracks,



c) pumping station,



d) technical equipment in ports.



§ 23 g



(1) the provisions of § paragraph 23d. 3 and 4, Section 23e and 23f shall not apply to

the provision of additional and ancillary services. The provisions of § paragraph 23d. 1 and

2 shall not apply to the provision of ancillary services, if they are

the operator of a service exclusively for your use.



(2) ancillary services are



and supply the traction power),



b) pre-heating of overhead of a vehicle intended for the carriage of persons,



(c)) services related to the transport of dangerous goods or with the operation of

overhead vehicle reporting special technical

characteristics.



(3) ancillary services are



and provision of information related to) the operation of railway transport,



b) access to telecommunications networks,



(c) the technical check of the vehicle's overhead),



(d)) the sale of bicycles and transport documents,



(e) the maintenance of rail vehicles), returning the special technical

characteristics. ".



The former part of the fourth through ninth are known as part of the fifth to tenth.



21. In article 24, paragraphs 5 to 8 shall be deleted.



22. under section 24 shall be added to § 24a, including footnote # 13

added:



"§ 24a



(1) operate a railway transport on the national or regional can

the carrier, which



and) is established



1. within the Member State, in the case of the operation of cross-border passenger rail

transport or freight railway transport, or



2. in the territory of the United States, with respect to the operation of the other railway

transport,



b) is the holder of a valid licence and the certificate of the carrier,



(c)) has an associated infrastructure and capacity



(d)) has concluded a contract with the operator of operation of railway

transport, if it is not identical with the railways.



(2) to operate the railway transport on the track local, special, tram

or trolley bus or train can carrier



and) is established



1. in the Member State with respect to the operation of freight rail transport, or



2. in the territory of the United States, with respect to the operation of passenger rail

transport,



(b) is the holder of a valid license),



(c)) has an associated capacity of traffic routes, if it is a publicly accessible

siding, and



(d)) has concluded a contract with the operator of operation of railway

transport, if it is not identical with the railways.



(3) to operate the railway transport on the track special, tram,

trolley bus or cable operator can this track.



(4) operate a railway transport on the track or siding can also local

the holder of a valid licence for the operation of railway transport on the track

national or regional. To operate the railway transport on the track

national or regional may and holder of a valid license for the

operation of railway transport on the track local or siding, if instead of

contact zaústěných to each other.



(5) a valid license for the operation of railway transport on the national

and regional means and a valid licence issued by the competent authority

another Member State in accordance with the EU regulation on the creation of

the single railway area ^ 13).



13) directive of the European Parliament and of the Council of 2012/34/EU of 21.

November 2012 on the creation of a single European railway

space. ".



23. section 25 and 26, including the following titles:



"§ 25



To grant permissions on operation of railway transport



(1) the railway administrative Bureau, on request, shall be granted permission to operate a railway

transport at the national and regional, if the applicant



and) is over 18 years old and fully enjoys in the case of a natural person,



(b)) is blameless,



(c)) is competent,



d) is financially eligible,



e) has seriously violated labour law provisions



f) has seriously violated the customs regulations, in the case of permission to

the operation of freight rail transport,




(g) the date) is the commissioning of railway transport insured in case

the obligation to compensate damage caused by this operation and



(h)) is established in the territory of the Czech Republic.



(2) the railway administrative Bureau, on request, shall be granted permission to operate a railway

transport on the track local, special, tram or trolley bus or

on the train, if the applicant satisfies the conditions referred to in paragraph 1 (b). a) to (c))

and (h)). Where the applicant for permission to operate a railway transport on

track special, tram or trolleybus operator this

the runway, those conditions have been met.



(3) the request referred to in paragraph 1 or 2, the applicant shall indicate



and) the type of railway transport, which it intends to operate,



(b)) the category of tracks, which is to be provided, and



(c)) route lines, which it intends to operate, including stops for boarding and

and specify the default output and destination stops, has the right to be

operated on the runway special, tram or trolleybus.



(4) if the applicant Is a foreigner or a legal person located outside the territory

The United States, the application shall be accompanied by a document similar to the extract from the register of

The criminal record of the State of which he is a national or in whose

It has its seat, or an extract from the criminal register, in which annex

the information is contained. Where that State does not issue the document like

extract from the criminal register, shall be accompanied by an affidavit of the applicant

integrity. These documents must not be older than 3 months.



(5) if the applicant satisfies the conditions referred to in paragraph 1, the railway Board

the Office instead of the written copy of the decision of the license for the operation of

railway transport on the national and regional. If the applicant complies with the

the conditions referred to in paragraph 2, it shall issue the railway administrative Bureau instead of the written

copy of the decision of the license for the operation of railway transport on the track

local, special, tram or trolley bus or train.



(6) a Licence for the operation of railway transport includes the information referred to in

to paragraph 3. The model licence for operation of railway transport, the

the implementing legislation.



(7) the railway administrative Bureau for verification of compliance with the conditions referred to in paragraph

1 (b). e) and (f)), the district labour inspectorate shall obtain the opinion and

the authority of the customs administration of the place of establishment of the applicant.



section 26



Integrity



(1) for the purposes of the procedure for granting permission for the operation of railway transport

for integrity does not consider the one who was convicted for

an intentional criminal act or for an offence committed through negligence in the

connection with the operation of railway transport, if they do not look at him,

as if he has been convicted. For integrity, shall also not be considered a legal

the person was a member of its statutory authority, finally convicted for

an intentional criminal act or for an offence committed through negligence in the

connection with the operation of railway transport, if they do not look at him,

as if he has been convicted.



(2) for the purposes of verifying the integrity of the railway's administrative office will request a listing

from criminal records. Request to issue the statement and the extract from the register

Criminal record shall be transmitted in electronic form, in a manner

allowing remote access. For the purposes of verification of integrity is railway

the Administrative Office shall also be entitled to request from the Court a copy of a final

decision. ".



24. Section 26a shall be deleted.



25. section 27 including the title reads as follows:



the "section 27



The competence of the



(1) for the purposes of the procedure for granting permission for the operation of railway transport

for a professionally qualified person who shall be deemed to



and graduated from the Bachelor's, master's) or doctoral degree program in

the field of technical sciences and technologies, transportation, economics or law and

He has done at least 3 years experience in the function of the head in the area

railway transport, or



(b)) graduated from the higher vocational education or secondary education with graduation

examination in the subjects related to rail transportation, and has performed at least 5

years of experience in the function of the head of the rail transport in the area.



(2) the competent inspector shall also be considered a legal person if the

at least one member of its statutory authority competent under

of paragraph 1.



(3) Disciplines related to railway transport lays down detailed legal

prescription. ".



26. section 27a is repealed.



27. section 28 to 34 g, including headings and footnotes 14 and 15:



"section 28



Financial capacity of the



(1) for the purposes of the procedure for granting permission for the operation of railway transport

for financially eligible shall be considered one who is able to financially

secure initiation and proper operation of railway transport for at least

12 months.



(2) the eligible financially is not the one



and the decline is solved) by decision of the Court for a declaration of

bankruptcy of the debtor's property or to enable a reorganization,



(b)) in which the Court decided to cancel the bankruptcy because of that for

satisfaction of the creditors is the property of the debtor is totally inadequate, or



(c)) who owes arrears on taxes, insurance or finance charge on social

security, the contribution to the State employment policy or insurance

for general health insurance.



(3) financial capacity shall be demonstrated in particular by the annual

accounts of the opening balance sheet, or if the applicant does not so far

accounting.



section 29



To change the permissions for the operation of railway transport, and changing the data referred to in

license



(1) if the licensee requests a change in the type of railway transport, for which the

permission has been granted for the operation of railway transport, railway Executive

the Office of a request, if the applicant satisfies the conditions referred to in section 25. Railway

administrative authority in this case, instead of a written copy of the decision

changes to the license already issued; If this is not possible, it shall issue a license

a new one.



(2) the licence holder is obliged to notify the railway or railway administrative authority amendment

the data referred to in the licence within 30 days from the date on which the change occurred. Railway

in this case, the administrative authority shall record a change to the license already issued, and

If this is not possible, shall issue a new licence.



section 30



Cancellation of permission to operation of railway transport



(1) the railway administrative Bureau shall decide on cancellation of permission to operate

the rail transport, if the holder of the licence



and no longer meets the conditions) pursuant to § 25,



(b)) serious breach the provisions of this Act, or



(c)) on the abolition of privilege.



(2) if the licensee financially ineligible because of permit


reorganization and this fact does not endanger the safety of operation of railway

transport, the Rail Authority will limit the period of permission to operate a railway

transport on the period of time adequate for the recovery of financial eligibility,

which may not be longer than 6 months. This time the railway administrative Bureau

be indicated on the licence. The railway administrative Bureau at the request of the holder of this licence

the restrictions be lifted if the applicant can prove that it is financially capable. The application can be

submit before the date of expiry of the restrict permission to operate a railway

transport; If the request is made, permission to operation of railway transport

It takes until the decision in the case.



(3) a Licence shall expire on the date of cancellation of permission to operate

the rail transport or termination of the permission for the operation of railway transport

the expiry of the period for which it has been referred to in paragraph 2. The holder of the

invalid licence it surrenders railway or railway administrative authority, which decided to

cancellation of permission to operate the rail transport or the period of this

permissions restricted, within 10 working days from the date of acquisition of legal power

This decision or the expiry of the period for which permission has been restricted.



section 31



(1) if the railway administrative Bureau, the holder of the licence issued by the competent

authority of another Member State in accordance with the EU regulation on the

creation of a single railway area ^ 13) does not meet the conditions

eligibility for the operation of railway transport on the national and

regional, it shall immediately inform that authority.



(2) the authority shall notify without delay the railway administrative issuance, amendment and termination

the validity of licences for the operation of railway transport on the national and

regional European Agency for railway.



§ 32



The path capacity allocation



(1) the capacity of the railways is allocated to national and regional and

publicly accessible siding. Přídělcem the capacity of the railways is the operator

the track in question; If the track is owned by the State, is the přídělcem Management

Railway routes.



(2) the capacity of the railways is allocated on the validity period of the timetable.



(3) if the operator of the national or regional or

as its main activity the siding also rail transport, arrange for it

activities related to the adoption of rules for the calculation of the price for the use of

and prices for the path capacity allocation and related activities

the path capacity allocation person rail transportation to such track

as its main activity has ceased and that is eligible to perform

the activities of the allocator allocates impartially. This person is not taken into account in their activities

the instructions of the operator, that could compromise its impartiality, in particular

for guidance, aiming to calculate the exact price or allocation of capacity

track a specific applicant.



(4) the Přídělci shall cooperate in order to coordinate the allocation of

the capacity of the tracks for train paths that cross the track operated by

one of them, a joint publication of information related to

the path capacity allocation, in particular the Declaration of the runway, and coordination

negotiation, selection and calculation of the prices for the use of the railways and the use of sanctions

payments for disruption of operation of railway transport. In order to coordinate

track capacity allocation for international train paths and designs of these

routes, negotiation, selection and calculation of the prices for the use of the track and use

penalty payments for disruption of operation of railway transport shall cooperate

also with přídělci from other Member States. Přídělci you for the following purposes

will set up a joint coordination body. Proposals for international train paths

discuss the joint coordination body no later than 11 months before the acquisition

working timetable.



(5) the date, place and agenda of the joint coordination body in the

sufficient time shall communicate to the European Commission and to the authority; representative of the European

the Commission and the authority shall be entitled to participate in meetings of the coordinating authority.

If the subject of coordination of allocation of path capacity for

international train paths and designs of these routes, shall notify in writing to the allocator allocates the

60 days from the date of the hearing of the joint coordination body of the results of the negotiations

The European Commission and the authority.



(6) shall publish the allocator allocates the manner allowing remote access basic

details of the cooperation referred to in paragraph 4, in particular the přídělcích, with which

works, and how.



§ 33



Statement on the runway



(1) the allocator allocates processes the statement – in which lays down

non-discriminatory rules for granting and withdrawing the path capacity, for

access to the track, its use and for the calculation of the price for this use, and

shall be made public not later than 12 months before the date of entry into force of the driving

order manner allowing remote access. Allocator allocates at least 30 days

before the date of publication of the statement on the runway will allow persons who have

interest to comment on its content. Allocator allocates the statement –

be published in the Czech language and translated into at least one language other

of a Member State. In the event of a conflict between the Czech and foreign-language text

statement on the runway, the Czech wording is crucial.



(2) if there is no allocator allocates the operator at the same track on which the capacity of the

allocates, provide it with this operator for the challenge, and within a reasonable time

the information needed to process the statement.



(3) a statement of the track contains at least



and the track, its category) local destination and details of its operational

technical characteristics in accordance with the list maintained pursuant to § 23 para.

1 (b). (f)),



(b)) the rules for access to the track, and for its use,



(c) the price for the use of the track) and the rules for its calculation,



d) prize for the path capacity allocation and the rules for its calculation,



(e)) the definition of the path capacity, including the part reserved for the intended

maintenance and repair of infrastructure,



(f)), the rules for allocating and withdrawing the path capacity, including

capacity allocation in an emergency situation,



g) designation of the administrative authority responsible for the issue of licences for the

operation of railway transport and the certificate of the carrier,



(h) the issue of a licence for) the conditions of operation of railway transport and the conditions of

issue of the certificate of the carrier,



I) procedure and the principles of the allocator allocates the out-of-court resolution of disputes between him and

the applicant for the path capacity allocation and the deadline for the out-of-court resolution of

disputes; This period may not be longer than 10 working days,



(j) review of the Declaration of terms) track capacity allocation and contract


about the operation of railway transport Office



k) sample proposal sanctioning payments arrangements for the operation of the

railway transport and non-use of the allocated capacity of the track, including an impartial

the method of settling disputes relating to the disruption of the operation of

of railway transport,



l) through the device service terms and conditions of services

available from the intended track, the price for the provision of these services, and the price for

the use of the siding for the connection of the devices, according to data

equipment services supplied by the operator or the siding,



m) sample draft framework agreement concluded between přídělcem and by the

the path capacity allocation and



n) details of the planned changes prices for the use of track and car allocation

the capacity of the railways in the next 5 years, if they are of such data to

available.



(4) the rules for assigning and withdrawing the path capacity shall include at least



and) the details and method of administration requests for the allocation of capacity,



(b) the conditions and amount of financial) guarantee according to the directly applicable legislation

The European Union governing the criteria for applicants for the allocation of capacity

track ^ 14), such a guarantee is required,



(c)) the conditions and principles for the allocation of capacity, including the criteria for priority

capacity allocation, if the track or part thereof has been declared

the overloaded,



(d)) how to request for the allocation of capacity and the deadlines for the

pending,



(e) the procedure for regular change) the valid timetable, terms changes

the valid timetable and the relevant time limits,



f) conditions and principles of a withdrawal, limitation and waiver of the allocated capacity and



g) to withdrawal, limitation and waiver of the allocation of capacity and

the relevant period, including the conditions for the surrender of the allocated capacity overloaded

the runway when its partial or total non-utilisation.



(5) if there is a change in the particulars contained in the Declaration on the runway, the allocator allocates the

It shall promptly record the change and the Declaration of the runway again publish

manner allowing remote access and modifications thereto.

Paragraph 1, the third and fourth sentence shall apply mutatis mutandis.



(6) the information referred to in paragraph 3 (b). h) and (l)) can be replaced by a reference to the place

where you can get acquainted with them in a way allowing remote access.



(7) when the contract for the operation of railway transport on the track

national, regional or on publicly accessible siding or its amendment

from the content of the Declaration of the runway cannot be derogated from by agreement.



§ 34



The basic principles of the path capacity allocation



(1) on the allocation of the applicant requested allocator allocates the path capacity for the duration of

the relevant timetable. The path capacity allocation request for a route

a train that requires the allocation of capacity more přídělci the applicant may submit

through any of the allocator allocates or common

coordinating body.



(2) if the applicant is the holder of a valid licence for the operation of railway

traffic on the track, submit to the přídělci before the allocation of capacity

pathways of the licensee's written statement about the fact that in the case of the allocation

the capacity of the railways, this capacity is actually used. Such a statement can

for a particular piece of the path capacity to make only one licensee.

If the applicant does not submit such a declaration, the capacity of the railways to him allocator allocates the

does not allocate.



(3) the runway capacity allocator allocates a non-discriminatory manner.



(4) the required allocator allocates the path capacity, shall allocate to the piece if the piece

available and the conditions are fulfilled for its allocation under the Declaration

about the track.



(5) the Allocated capacity of railways may use only the applicant who has been

capacity is allocated and who is the holder of a licence or a licensee,

having made a declaration in accordance with paragraph 2. If the applicant has transferred for consideration

allocated capacity of railways to another person, the allocator allocates this capacity

shall be withdrawn; in the next 12 months from the date of the withdrawal of the path capacity cannot be

This track to allocate additional capacity to the applicant.



§ 34a



The path capacity allocation when processing schedule and its changes



(1) before the allocation of path capacity applicants who submitted the request in

the period beginning on the date of publication of the statement on the runway and ending not earlier

than 9 months before the date of entry into force of the working timetable, the processes

the draft timetable for the allocator allocates the freight and passenger rail transport.



(2) the draft timetable for freight and passenger rail transport non-public

makes the allocator allocates all applicants no later than 4 months after the expiry of the

the deadline for submission of applications for the path capacity allocation. Applicants shall be allowed to

the draft timetable apply reasoned comments within a period of not less than 1

months from the date of its disclosure. Allocator allocates the claimed observations with

the applicant shall discuss. The draft timetable revised according to the results

discussion makes the allocator allocates to all applicants without undue delay.



(3) the draft timetable for public passenger rail transport services shall make available

allocator allocates to all applicants, the Ministry of transport and the regions in which

designated runway is located, not later than 2 months after the end of the period

for the submission of applications for the path capacity allocation. Applicants, The Ministry Of

transport and the regions on the draft working timetable may apply reasonable

comments within the time limit of not less than one month from the date of its disclosure.

Allocator allocates them put forward comments, as appropriate. In doing so, shall proceed

to discuss the rule completed 4 months before the date of entry into force of

timetable. The draft timetable adjusted results discussion

makes the allocator allocates to all applicants without undue delay, to the Ministry of

transport and the regions, on whose territory the coaster is located.



(4) if so requested by multiple applicants for the same part of the path capacity allocation,

lays out its allocator allocates the allocation so that it can comply with any

the applicant, and the applicant shall discuss with the concerned schedule. Allocator allocates may only be

to the extent necessary to derogate from the requirement of capacity; in doing so,

is committed to maintaining international train paths, if possible. Allocator allocates the

provide well in advance of the discussion concerned the schedule

applicants with the necessary information, in particular information on applications for the allocation of

the same part of the path capacity, details of any other application for an allocation

capacity on the runway and the details of the allocation of capacity rozvrženém

the track. The applicant shall provide the allocator allocates the identification data only with his

the consent.




(5) If you fail to comply with the procedure laid down in paragraph 4 to all the requirements of the

the path capacity allocation, shall declare the allocator allocates the runway or its

part to be congested. On a congested track or part thereof passes the allocator allocates the

priority requests for the path capacity allocation for the purpose of operating

railway transport on the basis of the Treaty on public transport services

passengers, combined transport and international freight railway transport.

Preferred allocator allocates the path capacity allocation with the appropriate applicants,

discuss; If necessary, apply mutatis mutandis the procedure provided for in paragraph

4. If there is failure or after discussion to meet all priority applications

the capacity of the railways will allocate allocator allocates the first purpose of operating railway

transport on the basis of the Treaty on public passenger transport services,

then the combined transport and then international freight railway transport,

If the available capacity of the track. In the context of railway transport on the basis of the

of public service contracts in passenger transport shall allocate the allocator allocates the

the capacity of the railways, first for the purpose of operation of railway transport trains

supranational or international character, then the rail transport in the

territorial jurisdiction of the County and then the rail transport in the urban perimeter of the municipality.



(6) if the request for the path capacity allocation is submitted after the expiry of the period

referred to in paragraph 1, but before the allocation of the capacity of the railways to applicants who

submitted a request within this time limit, (hereinafter referred to as "late") allocator allocates the late

the request shall take into account in the allocation of capacity and design traffic

the order, if that is possible. On the basis of late requests may be granted only

the capacity of the runway remaining after satisfaction of the applications submitted within the time limit referred to in

of paragraph 1. More faces late requests to allocate the same piece

allocator allocates the path capacity, capacity shall be allocated according to their order. When

overlapping late requests, paragraph 4 shall apply mutatis mutandis.



(7) provides for at least one term allocator allocates regular changes valid

timetable and deadline for the submission of applications for change of path capacity

allocated in accordance with paragraphs 1 to 6, which may not be less than 15 days.

Proposal for changes to the applicable timetable for cargo and non-public personal

rail transport makes the allocator allocates to all applicants and will discuss with them

their comments. Proposal for changes to the applicable timetable for public

passenger rail transport services shall make available to all applicants, the allocator allocates the carriers

operating this traffic on the track, the Ministry of transport and

regions, in whose territorial jurisdiction the coaster is located, and discuss

with them their comments. The deadline for application of the comments and their

discussion is at least 15 days. When regular change can be granted only

remaining available capacity and the capacity that is available in the

as a result of the changes required; paragraphs 4 to 6 shall apply mutatis mutandis.



§ 34b



Track capacity allocation after the entry into force of the working timetable



(1) unless it is a periodic change in the schedule pursuant to section 34a of paragraph 1. 7,

allocates the allocator allocates the working timetable after the acquisition of the remaining

the available capacity on the basis of the applications received after the date of acquisition

working timetable and late requests which could not be dealt with

According to § 34a. Allocator allocates the runway capacity according to the order,

in which applications have been delivered to him. When overlapping of requests § 34a para.

4 apply mutatis mutandis. Receipt of the application the applicant shall confirm to the allocator allocates 5

working days of its receipt.



(2) at the request of the data will provide the allocator allocates the remaining available capacity

tracks within 5 working days from the date of receipt of the request for the provision of these

of the data.



§ 34 c



The framework agreement



(1) an applicant for allocator allocates the path capacity allocation may enter into

a framework agreement defining the properties and the path capacity range

required period of time of more than one period of validity of the driving

of the order. Conclude a framework agreement can be for a maximum period of 5 years and the same

the period can be extended. Conclude a framework agreement or

extend its validity for a period longer than 5 years, it is possible, if

the applicant shall have during that period, the obligation to provide transport on the basis of

the contracts, or has made an investment in large scale rail

vehicles for transportation.



(2) the framework agreement shall not exclude the path capacity allocation to other

applicants or contain the arrangement, which would exclude the amendment to the agreement.



§ 34 d



The assessment of the cross-border passenger rail transport and economic balance



(1) the procedure laid down in the regulation directly applicable in the European Union

governing new services in passenger rail transport ^ 15) will decide whether

the predominant purpose of the passenger rail transport is the transport of passengers between the two

or more Member States.



(2) the procedure laid down in the regulation directly applicable in the European Union

governing new services in passenger rail transport ^ 15) will decide whether

may be a personal rail transport crossing the border of the Czech

Republic and operated without a contract on public transport services

passengers threatened the economic balance of the passenger railway transport

operated on the basis of public service contracts.



(3) the authority shall also decide whether it may be personal railway transport

not exceeding the State border of the Czech Republic and operated without

of public service contracts, jeopardised the economic balance of the personal

railway transport operated on the basis of public service contracts in the

the carriage of passengers; in this procedure the provisions directly applicable

Regulation of the European Union governing the new services in the passenger rail

Transport ^ 15) on the assessment of economic balance shall apply mutatis mutandis.



(4) a person who is not established in the territory of the United States and intends to bring

request for the path capacity allocation for the purposes of the operation of cross-border

passenger railway transport, it shall notify not later than 2 months before

by submitting an application to the Office. A person who intends to apply for an allocation

the capacity of the railways for the purposes of the operation of passenger railway transport without contract

on public passenger transport services, shall notify this fact to the

no later than 2 months prior to the application Office.



(5) if the Office decides that the economic balance is on a particular

leg threatened the capacity of the railways to the allocator allocates this section for

the purpose of the pursuit of personal rail transport without the agreement of the public


passenger transport services not allocated or to be allocated to the

This section was denied boarding or exit for the passengers. If

capacity already allocated, the allocator allocates it to the leg of the course to be withdrawn, or

restrict to this section was denied boarding or output

passengers.



section 34e



(1) the authority shall, on the proposal of the applicant for the path capacity allocation or

the official will decide whether any of the parts of a published statement –

It is not in conflict with this Act. If the statement – published from

because of changes to the information contained in it, a proposal may only be made in respect of those

changes.



(2) the application must contain information about which part of the statement of the track is

in contravention of this Act, in what is seen, and this designation

the evidence needed to prove it.



(3) if the Office decides that one of the parts of the statement – is in the

inconsistent with this Act, provides in a reasonable period after the decision

which cannot be part of such a use. Allocator allocates the part that is in

inconsistent with this Act, replacing parts of the new, which will record in

statement – statement – and publish again.



(4) the authority shall issue a decision no later than 40 days from the date of

the initiation of proceedings.



section 34f



(1) the authority shall, on the proposal of the applicant for the path capacity allocation or

the official will decide whether the scope of the allocated capacity or to its

the allocation is not in conflict with this Act.



(2) the application must contain information about what is a contradiction of the allocated range

the path capacity allocation procedure or when it is with this Act

seen, and indication of the evidence needed to prove it.



(3) in the case of the management of the design, its participants are only the applicant for

allocator allocates the path capacity allocation and.



(4) if the Office decides that the scope of the allocated capacity of railways is in conflict with

by law, stores the newly přídělci allocate capacity track and set a

the method of allocation.



(5) the authority shall issue a decision no later than 40 days from the date of

the initiation of proceedings.



§ 34 g



(1) the authority shall, on the initiative of one of the parties to the Treaty on the operation of the

railway transport on the national, regional or publicly

accessible siding or ex officio, shall decide whether such a contract is not in

inconsistent with this Act.



(2) the application must contain information about which part of the contract is contrary to the

This law, in what way is this discrepancy and indicate the evidence attached

needed to prove it.



(3) the parties are the only Contracting Parties to the contract.



(4) if the Office decides that one of the parts of the contract is in violation of this

the Act provides, in the decision of the reasonable period of time after which the

You cannot use such a part.



(5) the authority shall issue a decision no later than 40 days from the date of

the initiation of proceedings.



(6) the authority shall, on a proposal from one of the parties participating in the negotiations on the conclusion of the

the contract of operation of railway transport on the national or

regional or on publicly accessible siding, or ex officio.

examine whether the proposal on conclusion of the contract is not in conflict with this Act.

Paragraphs 2 and 4 shall apply mutatis mutandis. If the Office was filed for

assessment of the proposal on conclusion of the contract, you cannot assign this agreement until the end of

proceedings under the first sentence to conclude.



14) Commission implementing Regulation (EU) No 10/2015 of 6. January 2015

criteria for applicants for the allocation of railway infrastructure capacity

and repealing the implementing Regulation (EU) no 870/2014.



15) the implementing Commission Regulation (EU) No. 869/2014 of 11 March. August 2014

new services in passenger rail transport. ".



Footnote # 6b, 6 c and 6e are deleted.



28. in section 34 h of paragraph 1. 5, § 43 para. 3, section 43b para. 1 and 3, § 46b para. 2, §

46p paragraph 1. 1 to 5 and paragraph 49d paragraph. 4, the words "European Union" shall be deleted.



29. section 34i 34j and are deleted.



30. In paragraph 35, the dot at the end of paragraph 1 is replaced by a comma and the following

the letter i), which read as follows:



"i) accept a programme of operations containing at least the information about

the intended scope of the activities and how the financial collateral; It

does not apply to rail transport carrier operating on the runway special,

tramway, trolley bus or cable car. ".



31. in section 35 para. 2 (d)) and e) are added:



"(d)) at the date of commencement of railway transport insurance for the case of

obligation to compensate for damage caused by operation of railway transport and pay

insurance premiums and throughout the period of operation of railway transport have done this

insurance and premiums paid,



(e)) at the invitation of overhead administrative office to provide information needed for the

Verify the duration of the insurance obligation to compensate for damage caused by

the operation of railway transport ".



32. In paragraph 36, the present text shall become paragraph 1 and the following

paragraphs 2 to 4 shall be added:



"(2) a carrier operating a public railway transport, which incurred

costs directly related to providing support for alternative transport for the

the interrupted public passenger rail transport because of the limitation of the operation of

railways planned pursuant to Section 23b of paragraph 1. 3 exceeded the savings related to the

the interruption of railway transport and any claims for payment of these costs

the basis of the Treaty on public passenger transport services shall be entitled

to a refund of the difference against the operator the appropriate track.

The infrastructure manager shall pay the difference, provide proof of applicant

proven to be the amount of the costs incurred by him, directly related to the

securing alternative transport and the amount of the savings associated with the interruption of the

the rail transport. If the carrier shall be entitled to reimbursement of the costs incurred

directly related to providing support for alternative transport on the basis of the Treaty

on public passenger transport services, demonstrably prove also

the amount of this claim.



(3) the resources expended to cover the infrastructure manager according to the

paragraph 2, can be included in the cost of maintenance, repair or execution

construction of the track, for which there was an interruption of public passenger railway

transport.



(4) the costs directly related to providing support for alternative transport for the

the interrupted public passenger rail transport, savings related to the

the interruption of railway transport and the way they determine lays down detailed

legislation. ".



33. In paragraph 37 the paragraph 6 is added:



"(6) the amount of the surcharge shall lay down the conditions of carriage of the carrier. The amount of the

price increases shall not exceed the amount of Eur 1 500. Surcharge for infringement of


conditions laid down in the transport regulations, shall not exceed 1 500 CZK. ".



34. In paragraph 38, the following shall be added at the end of paragraph 5, the phrase "the infrastructure manager is

authorized to operate such a path within a limited range. The operator

tracks within a restricted operation of railways will ensure regular tours

and control of the technical parameters laid down part of the track according to the

the rules for the operation of railways ".



35. section 40 reads as follows:



"§ 40



(1) the timetable of public passenger rail transport on the national and

regional processes when allocating the allocator allocates the path capacity pursuant to section

34A.



(2) Details of the current schedule and its changes, the infrastructure manager shall transmit to the

free of charge, the Ministry of transport for the purposes of the management of the national

the timetable information system. ".



Footnote No. 7e is hereby repealed.



36. In § 41 para. 1 the first sentence, the words "in accordance with a valid license" and the words

"according to an official permit" shall be deleted.



37. In § 41 para. 1 the second sentence, the word "licence" shall be replaced by

"permission for the operation of railway transport or the release of the official

enable the ".



38. In § 42 para. 1 the words "and their changes are effective on the date of

defined in the agreement of European railway administrations ' is replaced by

"shall become valid on the second Saturday in December at midnight".



39. In article 42, paragraph 1 shall be added at the end of the sentence "the validity period

the working timetable is 12 months. Changing the valid timetable

shall become valid on the second Saturday in June at midnight or in another term

referred to in the statement – ".



40. In § 42 para. 3, the words "and its changes," the words "and

the Organization of the national information system on timetables and range

and the format of the data transmitted in this information system ".



41. In paragraph 43b para. 5, the words "paragraph 2" shall be replaced by the words "paragraph 1".



42. in the second part of the sixth title in the title of part I, after the word "orbit"

inserted the word "local".



43. In § 45 para. 1, after the word "orbit" is inserted after the word "local," and the words "

, rope and siding "shall be replaced by the words" or rope or a siding ".



44. In paragraph 45, at the end of the text of paragraph 1, the words "or with a valid

driver's license, if it is a local path or a siding ".



45. In article 46a, the words "under special legislation ^ 5b)" be deleted and the

the words "no criminal record and an extract from" shall be replaced by the words "and the listing of the

the evidence ".



46. In Article 46b shall at the end of paragraph 2 the following sentence "the Control of railway vehicle

on the national or regional may and holder of a valid licence

competence to manage the overhead of a vehicle on the runway of a local or on the siding,

If it is a place of contact mutually zaústěných. ".



47. In section 46 h after paragraph 1 the following paragraph 2 is added:



"(2) if the driver becomes aware of the facts giving rise to the

doubts about the medical fitness to carry out the activity, it shall immediately

inform the carrier or operator of that is his

employer. ".



Paragraphs 2 to 4 shall become paragraphs 3 to 5.



48. In paragraph 46 h of paragraph 1. 5, the words "paragraph 2" shall be replaced by the words "paragraph 3".



49. In § 46 para. 1 the second sentence, the words "the holder of the certificate" shall be replaced by

the word "carrier" and the words "and passes the driver's certificate to the carrier,

which issued "shall be deleted.



50. in § 46 para. 2 the words "passes to the carrier" shall be replaced by "returns

the holder of a driver's certificate this certificate to the carrier, which is

issued and the carrier passes "to him.



51. In paragraph 46p paragraph. 4, after the words "the other" is inserted after "Member".



52. the head of the second head is inserted after the third, including title and

footnote No. 16 reads as follows:



"THE HEAD OF THE THIRD



THE CONDITIONS FOR THE PROFESSIONAL COMPETENCE OF WORKERS PROVIDING THE OPERATION

RAILWAYS AND RAILWAY TRANSPORT



§ m 46s



(1) to achieve and maintain the professional competence of the staff must be

to ensure the servicing, maintenance, repair and inspection of the track or railway

vehicles, trained and their professional ability must be verified by the professional

exam.



(2) the conditions for obtaining and maintaining the professional competence of the staff

to ensure the servicing, maintenance, repair and inspection of the track or railway

vehicles and determine the circle of these people that perform work activities

to ensure the safe and smooth operation of railways and railway transport,

sets the track operator and the carrier in internal rules of professional

competence and knowledge of the people to ensure the operation of the railways or

the rail transport. Regulation lays down the method to obtain a professional qualification,

i.e.. the progress of the preparations for the expert examination and the course of its own tests, and

a system of periodic training according to the work activities.



(3) verification of professional competence and knowledge of the people providing

the operation of railways or railway transport provides the infrastructure manager, or

carrier in the course of his business, or on the basis of

private contractual relationship for the purpose of the accredited legal

or natural persons, or for the professions for which they are issued

the qualification and evaluation standards for persons accredited by

a special law ^ 15). Preparation to professional tests and subsequent

regular training ensures the accredited legal or natural person.



(4) the accreditation referred to in paragraph 3 shall be granted the railway administrative Bureau of the legal

or a natural person who has submitted evidence that:



and) is the holder of a trade licence, the



(b)) has created a plan to provide both theoretical and practical part of the training,

in defining the Organization, scope and implementation of the training, including

the system of control,



(c)) the theoretical and practical part of the training will provide people with

sufficient professional competence and practice,



(d)) has the right to the use of non-residential premises and equipment necessary for the

providing training,



(e)) paid railway or railway administrative authority administrative fee.



(5) a person which has been granted accreditation to provide training, it is

required to



and by the training) schedule



(b) ensure the training of competent) persons and



(c)) have throughout the pursuit of its business the right to use

non-residential premises and equipment necessary for the provision of training and have

These facilities and equipment all the time available.



(6) the administrative authority shall withdraw the accreditation of the railway to provide training to the person

who repeatedly or rough way infringed the obligations referred to in paragraph

5.



(7) the railway administrative Bureau shall publish in a way allowing remote access

the list of persons, which granted the accreditation, and update it regularly.




16) Act 179/2006 Coll., on validation and recognition of the results of the next

education and amending certain laws, as amended. ".



The former head of the third and fourth are referred to as the head of the fourth and fifth.



53. In § 47 para. 1, the words "or ski" is replaced by "or

ski or water ".



54. In § 49 paragraph 1 and 2 shall be added:



"(1) an accident or incident is an incident that occurred in the

connection with the operation of railway transport or movement of the overhead of the vehicle

on the track or in the circuit of the track, and that they threatened or undermined



and safety of railway transport),



(b)) the safety of persons,



(c) the safe functioning of the buildings or) device, or



d) environment.



(2) accident is an event resulting in death, injury or

other harm. A serious accident is an accident caused by a collision or vykolejením

rail vehicles, resulting in the death of, personal injury for at least 5

people or damage a large scale under the criminal code on the railway

vehicle track or the environment, or other casualty with similar

the consequences. An incident is an event referred to in paragraph 1, other than an accident. ".



Footnote 8 is deleted.



55. In § 49 paragraph 1. 3 (b). and) the words "a fatal accident and the accident in the railway

transport "shall be replaced by" a serious accident and the accident, resulting in

considerable damage, "under the criminal code.



56. In § 49 paragraph 1. 3 (b). e), the words "and within the deadlines set

take measures to prevent incidents "

shall be deleted.



57. In § 49a para. 3 the words "the Commission" shall be replaced by ' European

Commission ' and the word ' Commission ' shall be replaced by ' European Commission '.



58. In article 49 c of paragraph 1. 1 the final part of the provision, the word "Commission"

shall be replaced by ' European Commission '.



59. In paragraph 49d paragraph. 1, the words "or place of business, if different from the

residence "are deleted.



60. Under section 49e para. 2 of the introductory part of the provisions, the word "Commission" is replaced by

the words "European Commission".



61. In § 50 para. 1 at the end of subparagraph (f)), the word "or" is deleted.



62. In paragraph 50, the dot at the end of paragraph 1 is replaced by a comma and the following

letter h) and (i)), which read as follows:



"h) contrary to section 30 paragraph 2. 3 does the railway or railway administrative authority

an invalid license, or



I) in violation of § 53d para. 2 will not allow the inspectors to Rail inspection performance

their authority without undue delay. ".



63. In § 50 para. 5 (b). and) the words "e), or (g))" shall be replaced by "e),

g) or (h)) ".



64. In § 50 para. 5, letter a) the following new subparagraph (b)), which read as follows:



"(b)) $50 000, in the case of an offense referred to in paragraph 1 (b). i),".



Subparagraph (b)), and (c)) shall become points (c) and (d)).)



65. In § 51 para. 1 letter h) is added:



"h) contrary to section 24a of para. 1 (b). (b)) or § 24a para. 2 (a). (b))

rail transport is operated without a valid license, ".



66. In § 51 para. 1 at the end of paragraph (i)), the word "or" is deleted.



67. In paragraph 51, the dot at the end of paragraph 1 is replaced by a comma and the following

letters to) and l) are added:



"to be) contrary to section 30 paragraph 2. 3 does the railway or railway administrative authority

an invalid license, or



l) in violation of § 53d para. 2 will not allow the inspectors to Rail inspection performance

their authority without undue delay. ".



68. In § 51 para. 4 (h)) repealed.



Subparagraph (i))) are known as the letters h) to (j)).



69. In § 51 para. 4 the letter i) reads as follows:



"i) contrary to § 22a para. 2 will not allow carriers the use of publicly

inaccessible siding non-discriminatory manner in order to access other

the track, to the device service, to another device or terminal point ".



70. in § 51 para. 4, after the letter i) the following subparagraph (j)) to q),

are added:



"j") in violation of § 23 para. 1 (b). and will not allow carriers to use)

allocated capacity of railways,



does not provide access to) carriers to the services provided under § 23 para.

1 (b). (b)),



l) in violation of § 23 para. 1 (b). (c)) shall negotiate a price for the use of the railways and

the allocation of its capacity in a discriminatory manner,



m) in violation of § 23 para. 1 (b). (d)) will not allow the carriers to operate

railway traffic on the track,



n) in violation of § 23 para. 1 (b). (e) does not allow carriers the use of railways) for

nesjízdného section of the roundabout,



about) in violation of § 23 para. 1 (b). (f)) does not list operated by the railways and

their parts,



p) in violation of § 23 para. 5 does not process analysis of the capacity of the overloaded

the track,



q) in violation of § 23 para. 6 does not accept the plan to mitigate or eliminate

overload of the track, or ".



Subparagraph (j)) and to) are known as the letters r and s).)



71. In § 51 para. 5, points (e) to (g))) shall be deleted.



Subparagraph (h)) to l) are known as the letters e) to (i)).



72. In § 51 para. 5 (b). g), the words "or does it with

The Ministry of transport, with the county or with the carrier on the runway under section 40

paragraph. 2.0 ' shall be deleted.



73. In § 51 para. 5 (b). (h)), the words "§ 40 paragraph 2. 3 "shall be replaced by the words" §

40 para. 2 "and the words" to the country-wide "are replaced by the words" Ministry of

transport for the purposes of National leadership ".



74. In § 51 para. 5 (b). I), the words "resources for other purposes"

replaced by the words "the budgets for other purposes or does not separate

accounting. "



75. In § 51 paragraph 6 the following paragraph 7 is added:



"(7) the legal entity or individual entrepreneur as an operator

equipment services administrative offense committed by



and) contrary to Section 23d para. 1 does not provide the carrier service immediately

related to the operation of the rail transport or provide

in a discriminatory manner, or



b) contrary to Section 23f does not guarantee that the services provided

through branch offices and about their provision are kept separate

posting. ".



Paragraphs 7 and 8 shall be renumbered as paragraphs 8 and 9.



76. In § 51 paragraph 8 reads as follows:



"(8) For administrative offence is imposed in the



and 10 000 Czk), in the case of an administrative offence referred to in paragraph 1 (b). k),



(b)) 100 000 CZK in the case of an administrative offence referred to in paragraph 1 (b). l),



c) 200 000 CZK in the case of an administrative offence referred to in paragraph 4 (b). o), p)

or q),



(d)) 1 000 000 CZK in the case of an administrative offence referred to in paragraph 1 (b). e), (f))

or (j)), paragraph 4 (b). a), b), (e)), f), i) or r), paragraph 5 (b).

b), c), (d)), e), (f)), g), (h)) or i) or paragraph 7,



(e)) 10 000 000 CZK in the case of an administrative offence referred to in paragraph 1 (b). and)

b), c), (d)), g), (h)), or i), paragraph 2, paragraph 3, paragraph 4 (b).

c), (d)), g), (h)), j), k), (l)), m) or (n)), paragraph 5 (b). and) or

paragraph (6) ".



77. In § 52 para. 1 (b). and) the words "§ 24 para. 5 (b). a) "are replaced by

the words "§ 24a para. 1 (b). and) or § 24a para. 2 (a). and) ".




78. In § 52 para. 2 letter a) is added:



"and contrary to 24a) para. 1 (b). (b) rail transport) operates without

a valid certificate of the carrier ".



79. In § 52 para. 2 (a). e), the words "liability for damages from operation"

replaced by the words "for the case of the obligation to compensate for damage caused by

operation ".



80. in § 52 para. 4, the words "resources to operate a public rail

passenger transport for other purposes "shall be replaced by the words" operating budgets

public rail transport for other purposes or about these financial

resources does not separate accounts ".



81. In § 52 para. 7 (b). a), the words ' for the track "the words" or

does not allow to comment on its contents, "and the words" § 34 c of paragraph 1. 1 and 2 "

replaced by the words "§ 33 para. 1. "



82. In § 52 para. 7 (b)):



"(b)) does not allocate the capacity of railways under section 34, 34a or 34b.".



83. In § 52a para. 6 letter a) is added:



"and offences under section 50) para. 1 (b). I) and administrative offences pursuant to section

51 para. 1 (b). l), which dealt with Railway inspection ".



84. In § 52a para. 6 for the letter a) insert a new subparagraph (b)), which read as follows:



"(b)) administrative offences pursuant to § 51 para. 4 (b). (h)) to q), § 51 para. 5

(a). (g)) and i), § 51 para. 7 and § 52 para. 4 and 7, which dealt with the Office,

and ".



Letter b) is renumbered as paragraph (c)).



85. section 53b is inserted:



"§ 53b



(1) the Railway Inspectorate investigates the causes and circumstances of serious accidents on

the track rail, except for the special tracks. The causes and circumstances of

other incidents on the rail systems can save the Railway Inspectorate

If this is appropriate in view of their seriousness, the periodical nature, correlation

or their impact on the rail operator and the carrier.



(2) In the present investigation, the Ministry of transport must not or other authorities

to intervene.



(3) the Railway Inspectorate shall initiate the causes of serious accidents on the track

the railway, except for special tracks, without undue delay, no later than

However, within 7 days from the date of the accident. Saving the Railway

inspection of the causes of other incidents, the first sentence of

by analogy. The investigation shall submit a Railway inspection within 7 days report

The European Railway Agency. The investigation follows the rail inspection

so that the operation of railway transport compromised the emergency could

be resumed as soon as possible. Railway inspection when the inquiry

the responsibility for a criminal offence or an administrative offence.



(4) during the investigation of the initiation and the Railway Inspectorate shall inform the



and the rail authority),



(b)) of the rail operator,



(c)) of the carrier,



(d)) of the manufacturer of the vehicle or other overhead of overhead equipment



(e)) the Trade Union active in the rail operator concerned or

the carrier,



(f)) of a person with damage to health or property and relatives of the victims of the accident,

If the rail inspection.



(5) the Railway Inspectorate receives suggestions and comments from entities in

paragraph 4 and their content takes into account in its investigation.



(6) the details of the report on the initiation of the investigation served the European railway

the Agency shall lay down detailed legislation. ".



Footnote # 8 g shall be deleted.



86. under section 53b, the following new section 53 c-53e are added:



"§ 53 c



(1) If, for the purposes of the investigation should be, may issue letters rogatory for the Railway Inspectorate

the competent authority of another Member State or by the European railway

the Agency of the Act in order to clarify the causes of the extraordinary

events (hereinafter referred to as "discover the Act"), which could only be done by

with difficulty or with neúčelnými costs or that it could not perform the

at all. If the Railway Inspectorate dožádána competent authority of another

the requested Member State, the discovery operation without undue

delay. Railway inspection refuses to make the requested discovery Act

If the request is in conflict with the law. Railway inspection may

refuse to make the requested discovery Act, a threat to its implementation

the performance of its own tasks, or if its implementation

incurring disproportionate costs.



(2) if the consequences of an incident in addition to the territory of the United

the Republic also in the territory of another Member State cooperating Railway

inspections by the competent authority of that State to investigate its causes.

Railway inspection in this case may invite the competent authority of another

Member State to perform its detection operations. Rail inspection

Invites the competent authority of another Member State for the implementation of their

detection of operations, where a participant is an incident of a carrier

is the holder of a licence for the operation of railway transport issued by this

the Member State concerned.



§ 53d



(1) in the investigation of the causes of the incidents are inspectors Railway

the inspection shall be entitled to



and enter the site of the accident) or an incident, to related space

track and overhead of the vehicle,



(b)) to control the removal of debris, the vehicles, part of the overhead and

other railway equipment,



(c)) to ensure the vehicle, part of the ruins of overhead railways and other

railway facilities for the purpose of their further examination,



(d) ensure the outputs from recording) devices located in railway

the vehicle,



e) require results of the autopsy the bodies of victims, and the results of tests carried out on the

samples taken from the bodies of victims,



(f) require the results of questioning concerned) people,



g) require the results of tests aimed at detecting the presence of

alcohol or other addictive substances and any other medical

examination of the persons concerned,



h) require an explanation from the persons concerned, and



I) provide further evidence for the investigation and require access to all

additional information concerning the accident or incident.



(2) everyone shall be obliged to allow the inspectors to carry out their inspection of railway

permission without undue delay.



(3) in the investigation of the causes of the incidents are inspectors Railway

the inspection is obliged to demonstrate in the performance of its functions the Inspector's card

Rail inspection.



(4) in exceptional or complex cases may in fact Railway

the inspections help vocational consultant who has knowledge of

a special scope, or have performed professional assessment by an expert. With

the approval of the Inspector of railway inspection can the consultant in the range

to the extent necessary for the performance of his duties to inspect the file of the accident or

the incident, and to be present at the performance of the Railway Inspectorate's inspectors permission.


The permission of the inspectors in the performance of the Railway Inspectorate shall not consultant

to intervene. Of all the facts, which is a consultant in connection with the

performance of his/her duties is learned, obliged to maintain confidentiality. This

the duties of railway inspection may waive it. The exclusion of the consultant

shall apply mutatis mutandis the provisions on experts and interpreters.



(5) in the investigation of the causes of incidents and their removal

the effects of works of railway inspection of permanent bodies for coordination

the integrated rescue system. When carrying out rescue and

winding-up work at the site of the emergency shall cooperate with inspectors

Railway inspection with the Commander of the intervention, in particular, in order to preserve the evidence

necessary for the investigation.



(6) the model of the card of the Inspector of railway inspection laid down detailed legal

prescription.



§ 53e



(1) not later than 12 months from the date on which the incident occurred,

processes of railway inspection the final report on the results of the investigation and after

removal of personal data shall publish it in a manner allowing remote

access. If it is with regard to the prevention of incidents should,

the final report also includes safety recommendations designed

The railway or railway Office, other authority, or to the competent authority of another

of a Member State. The railway authority and other administrative authority have recourse to the security

recommendations to take appropriate measures, including a proposal for the amendment of

of the legislation. A draft of the final report of railway inspection shall consult with the

The railway authority, concerned by the operator and the carrier concerned.



(2) if the investigation of an incident to complete within 12 months from the date of

When the incident occurred, the processes and publish the Railway Inspectorate

the final report on the results of the investigation without undue delay after its

complete.



(3) the final report of the inspection shall send the railway



and the railway or railway authority),



(b)) the European Railway Agency,



(c) the administrative authority) to the other, if the safety recommendations contained

in the final report of its scope,



(d)) to the competent authority of another Member State, if a security

recommendations contained in the final report of its scope,



(e)) to the operator concerned of the track,



(f) to the carrier concerned)



g) overhead vehicle manufacturers concerned or other overhead equipment



h) trade union operating of the rail operator or

the carrier,



I) persons with damage to health or property and relatives of the victims of the accident,

If the rail inspection.



(4) the railway authority and other administrative authority shall notify the Railway inspection within a period of 12

months from the date of publication of the final report containing the specific

the safety recommendations, which measures in connection with this

the recommendations adopted. For the safety recommendations of the competent authority

another Member State, the first sentence shall apply mutatis mutandis.



(5) the rail inspection processes and to 30. September of the calendar

year shall be published by way of allowing remote access the annual report on

the investigation of incidents, issued safety recommendations and

the measures adopted on the basis thereof for the preceding calendar year.

The annual report shall send the Railway Inspectorate also European rail

the Agency.



(6) the details of the final report, lays down implementing legislation. ".



87. In paragraph 54, at the end of the text of paragraph 1, the following sentence "the State management in the

things railway also Railway inspection and the authority. ".



88. under section 54 shall be added to § 54a is added:



"§ 54a



(1) for the execution of the authority under this Act, uses the railway Board

the Office of the basic population register these reference data:



and) surname,



(b) the name or names),



(c) the address of the place of stay)



(d)) of the date, place and County of birth; for the data subject, who was born in

abroad, the date, place and the State where he was born,



e) date of death; If it is issued the Court's decision on the Declaration of death,

the day that the decision is listed as the day of death or the day that

the data subject is declared dead have survived, and the date of acquisition of legal

the power of this decision and



f) nationality, or more of State citizenship.



(2) for the performance of the railway uses under this Act, the Board

the Office of the population registry of legal persons, engaged in physical

people and public authorities these reference data:



and the business name or name) or the name or names, first and last name,



(b)) date of or the date of registration in the register in accordance with special laws,

regulations,



(c)) date of disappearance or the date of the removal from the register under special laws

regulations,



(d)) the legal form,



e) statutory authority and



f) registered address of the legal person or the address of the registered office of a natural person.



(3) for the execution of the authority under this Act, uses the railway Board

Office of the agendového of the information system of population register the following information:



and) the name or name, last name,



(b)) date of birth,



(c)) place and County of birth; for the citizen, who was born in a foreign country, location and

State where he was born,



(d)) country of citizenship or more of State citizenship and



(e) the address of the place of residence).



(4) for the performance of the railway uses under this Act, the Board

Office of the agendového foreigners ' information system the following information:



and) the name or name, last name, or change,



(b)) date of birth,



(c)) the place and State of birth, where the alien was born; in the case that

He was born on the territory of the United States, place and County of birth,



(d)) country of citizenship or more of State citizenship,



(e) the address of the place of stay) in the territory of the Czech Republic and



f) date of death or the day that was in the decision of the Court of

Declaration of death is listed as the day of death or the day that the alien

declared dead.



(5) the data which are kept as reference data in the principal registry

the population recovered from the agendového information system registration

of the population or agendového information system for foreigners only,

If they are in the shape of the previous status quo. ".



89. In § 55 para. 1, the words "shall be decided by the Department of transportation or the municipality"

replaced by the words "shall be the Ministry of transport, the Railway Inspectorate, the Office of the

or municipality ".



90. in section 56a, the present text shall become paragraph 1 and the following

paragraph 2, which reads as follows:



"(2) the railway administrative authority shall issue a binding opinion in proceedings relating to


the suspension, restriction or prohibition of felling trees under the Act on the protection of

nature and landscape, in the case of felling trees in order to ensure

the operability of the railway or to ensure the smooth and safe

railway transport on this track. If the suspension, restriction or

the prohibition of felling has been compromised for this purpose, it shall issue the railway administrative Bureau

dissenting opinion binding. ".



91. In § 57 para. 3, the second sentence shall be deleted.



92. under section 57 shall be added to § 57a, which reads as follows:



"§ 57a



(1) the railway authority shall inform without delay the authority to initiate proceedings and

allow him to comment within a reasonable time in proceedings, if the subject

control



issue, amendment and), withdrawal or cancellation



1. the official authorisation for the operation of the track,



2. the safety certificate, the rail operator,



3. permission to operation of railway transport, or



4. the certificate of the carrier,



(b) restrictions and stop public) of railway transport, or



(c) the approval of the technical competence of overhead) of the vehicle.



(2) in proceedings under paragraph 1, the Office of the institution concerned.



(3) if the Office will initiate a proceeding under this Act, it shall inform without

undue delay, the rail authority and allow him a reasonable time in

Express. The railway authority is the institution concerned in this proceeding.



(4) in proceedings conducted by the Office, relating to the international railway

transport, the authority will require observations of the competent authority of another State,

whose territory is without prejudice to such transport. If necessary, the Office of the

also requests the observations of the joint coordination body přídělců

the path capacity. If the observations of the Office's competent authority of another

State in the proceedings, which concerns international rail transport, the authority shall make its

representation shall provide, without undue delay.



(5) the authority its decisions issued under this Act after the acquisition of legal

power and after removal of the personal data and information that is commercial

secret permanently exposes the way allowing remote access.



(6) the Authority regularly discusses the situation in the operation of railways and railway

transport with the operators of the railways, shippers and mailers and representatives

passengers and the data takes into account in their activities. Discussion of the

The Office takes place at least every 2 years. ".



93. section 58 and 59, including heading shall be added:



"§ 58



State supervision



(1) State supervision over compliance with the obligations laid down by this Act

or in other laws and international treaties, which are

part of the rule of law, in the field of railways and the conditions laid down in

decisions taken under this Act shall carry out, within

the scope of the railway administrative Bureau and the Office. The extent of its competence

carrying out State supervision also of the village; as to the performance of the delegated powers.



(2) a mandate to exercise State supervision takes the form of a licence.



(3) the operator and the carrier are responsible person to be responsible for the performance of

State supervision in the exercise of State supervision free of charge transport path

and give him free use of runways, overhead vehicle and rail

the media device.



(4) if the person in charge for the exercise of State supervision in the performance of

State supervision violation of obligations or conditions referred to in paragraph 1,

According to the needs and the nature of the identified shortcomings, the method and time limit for stores

the removal of these deficiencies and their causes.



(5) the model licence to exercise State supervision lays down detailed legal

prescription.



§ 59



Control of performance of State administration in matters of railways from the railway authority, Railway

inspections and the municipalities shall be exercised by the Ministry of transport; This does not apply in the case of

the performance of the Railway Inspectorate when investigating accidents and incidents ".



94. In § 62 para. 4, after the words "financial circuits", the words "for the

the operation of railways ".



95. In § 62 para. 4, the word "funds" shall be replaced by "budgets".



96. In § 64 para. 1, the first sentence shall be deleted.



97. In § 64 para. 1 the words "and is not a separate decision in administrative

proceedings ' shall be deleted.



98. In article 64, paragraphs 2 and 3 shall be deleted and shall be deleted at the same time marking

of paragraph 1.



99. In section 66 paragraph 1 reads:



"(1) the Department of transportation shall issue a decree to implement section 3 (2). 1, § 3a

paragraph. 1, section 4A(1). 3, § 5 para. 5, § 6 (1). 1 and 2, section 7 (2). 2, § 14a

paragraph. 3, section 20 (2). 4, § 23 para. 1 (b). and), section 22 para. 5, § 23 para.

8, § 23a para. 7, Section 23d para. 5, § 25 para. 6, § 27 para. 3, § 34 h

paragraph. 9, § 35 para. 4, § 36 odst. 4, § 37 para. 7, § 42 para. 3, § 43

paragraph. 1, 4 and 7, § 43 para. 5, section 43b para. 7, § 44 para. 1 and 2, section 45

paragraph. 3 and 7, section 46 c of paragraph 1. 3, section d of paragraph 1. 2, § 46e para. 5, § 46f para.

3, § 46j para. 5, § 47 para. 2, § 48 para. 1, § 49 para. 3, § 49a para.

4, § 49d para. paragraph 1, section 49e. 6, § 53b para. 6, § 53d para. 6, § 53e

paragraph. 6 and § 58 para. 5. ".



Article II



Transitional provisions



1. the operator of the national or regional or publicly

accessible siding business to adopt a plan under § 23 para. 2 and 3

Act No. 266/1994 Coll., in the version in force from the date of entry into force of

This law, within 12 months from the date of entry into force of this Act.



2. the contract for the operation of railway transport on the national or

regional or on publicly accessible siding closed prior to the date of acquisition

the effectiveness of this law shall be listed in accordance with § 23 para. 4

Act No. 266/1994 Coll., in the version in force from the date of entry into force of

This law, within 24 months from the date of entry into force of this Act.



3. the procedure for granting permission for the operation of railway transport launched

before the date of entry into force of this law shall be completed pursuant to law No.

266/1994 Coll., in the version in force before the date of entry into force of this

the law.



4. the holder of a licence for the operation of railway transport issued before the date of

entry into force of this Act from the date of entry into force of this

the law considers the licensee pursuant to Act No. 266/1994 Coll., in

the version in force from the date of entry into force of this Act. If the railway

Administrative Office after the entry into force of this Act, a change request type

the rail transport or if he is notified of the change to the data specified in the licence,

issue a new license pursuant to section 25 of Act No. 266/1994 Coll., in the version in force

from the date of entry into force of this Act.



5. Capacity allocation in the calendar year in which the judicial

the effectiveness of this law, shall apply to § 34b to section 34f and section 40 of Act No.

266/1994 Coll., in the version in force before the date of entry into force of this


of the Act, and section to section 34e 34f Act No. 266/1994 Coll., in the version in force from

the effective date of this Act.



6. proceedings pursuant to § 34 g and 34j Act No. 266/1994 Coll., in the version in force

before the date of entry into force of this Act, initiated before the date of the acquisition of

the effectiveness of this law shall be completed pursuant to Act No. 266/1994 Coll., in

the version in force before the date of entry into force of this Act.



7. the operator of a publicly accessible siding shall adopt and publish a statement of

the track under section 33 of Act No. 266/1994 Coll., in the version in force from the date of

entry into force of this law, within 12 months from the date of entry into force of

of this Act. By the time of the allocation of capacity on the basis of the adopted

Declaration of the runway will allow carriers to use publicly accessible siding

non-discriminatory manner at a price agreed under the price regulations.



8. the carrier who operates the railway transport on the national or

track regional, adopt a plan of business pursuant to § 35 para. 1

(a). I) Act No. 266/1994 Coll., in the version in force from the date of acquisition

the effectiveness of this law, within 12 months from the date of entry into force of this

the law.



9. the railway track, included on the date of entry into force of this Act, to the

category regional rail, you can categorize tracks local only

then, if so requested by the owner or operator and are met.

the conditions for inclusion in the category of local railways under law No.

266/1994 Coll., in the version in force after the date of entry into force of this Act.



PART TWO



Amendment of the Act on the establishment of ministries and other central bodies of the State

administration of the Czech Republic



Article. (III)



In section 2 (2). 1 of the law No. 2/1969 Coll., on the establishment of ministries and other

Central Government authorities of the Czech Republic, as amended by Act No.

272/1996 Coll., Act No. 15/1998 Coll., Act No. 365/2000 Coll., Act No.

458/2000 Coll., Act No. 219/2002 Coll., Act No. 517/2002 Coll., Act No.

95/2005 Coll., Act No. 57/2006 Coll. and Act No. 250/2014 Coll., on

the end of point 14 of the dot replaces the comma and the following point 15 is added:



"15. the Office for access to transport infrastructure.".



PART THREE



Amendment of the Act on the competences of the authorities of the Czech Republic in the area of prices



Article IV



Act 265/1991 Coll., on the scope of the authorities of the Czech Republic in the area of

prices, as amended by Act No. 135/1994 Coll., Act No. 151/1997 Coll., Act No.

151/2000 Coll., Act No. 458/2000 Coll., Act No. 320/2002 Coll., Act No.

354/2003 Coll., Act No. 95/2005 Coll., Act No. 127/2005 Coll., Act No.

217/2005 Coll., Act No. 160/2007 Coll., Act No. 261/2007 Coll., Act No.

183/2008 Coll., Act No. 403/2009 Coll., Act No. 211/2011 Coll., Act No.

457/2011 Coll., Act No. 18/2012 Coll., Act No. 221/2012 Coll. and Act No.

407/2012 Coll., is amended as follows:



1. In section 2b, paragraph 1. 1 the words "and" shall be deleted.



2. In section 2b, the following paragraph 3 is added:



"(3) Price control in the area of prices for use of tracks, of the prices for the allocation

the path capacity and prices for the supply of a service through the device

the Ministry also performs services in addition to the Office for transportation access

infrastructure. ".



PART FOUR



Amendment of the Act on nature and landscape protection



Article. In



Act 114/1992 Coll., on nature and landscape protection, as amended by the legal

the Bureau measures the Czech National Council No. 347/1992 Coll., Act No.

289/1995 Coll., Constitutional Court, declared under no. 3/1997 Coll.

Act No. 16/1997 Coll., Act No. 123/1998 Coll., Act No. 161/1999 Coll.

Act No. 238/1999 Coll., Act No. 132/2000 Coll., Act No. 76/2002 Coll.

Act No. 320/2002 Coll., Act No. 100/2004 Coll., Act No. 168/2004 Coll.

Act No. 218/2004 Coll., Act No. 387/2005 Coll., Act No. 444/2005 Coll.

Act No. 186/2006 Coll., Act No. 222/2006 Coll., Act No. 267/2006 Coll.

Act No. 124/2008 Coll., Act No. 167/2008 Coll., Act No. 312/2008 Coll.

Act No. 223/2009 Coll., Act No. 227/2009 Coll., Act No. 281/2009 Coll.

Act No. 291/2009 Coll., Act No. 349/2009 Coll., Act No. 381/2009 Coll.

Act No. 350/2012 Coll., Act No. 64/2014 Coll., Act No. 175/2014 Coll.

Act No. 250/2014 Coll., Act No. 15/2015 Coll. and Act No. 39/2015 Coll.

is amended as follows:



1. In section 8 paragraph 1. 1 the words "and felling trees permits for railway

pathways nature conservation authority may issue only after agreement with the railway administration

^ Office of 6a) "are deleted.



Footnote No. 6a shall be deleted.



2. In section 8 paragraph 1. 2, after the words "of these systems" the words ", to

the removal of trees in order to ensure the operability of the railway

the runway or to ensure the smooth and safe railway transport on this track. "



3. In paragraph 8 of the text at the end of paragraph 2, the words "shall be added; in the case of

the removal of trees in order to ensure the operability of the railway

the runway or to ensure the smooth and safe railway transport on this track

may do so only on the basis of a binding opinion of the administrative overhead

the Office ".



PART FIVE



Road traffic (Amendment) Act



Čl.VI



Act 13/1997 Coll., on the road, as amended by Act No.

102/2000 Coll., Act No. 132/2000 Coll., Act No. 489/2001 Coll., Act No.

256/2002 Coll., Act No. 259/2002 Coll., Act No. 320/2002 Coll., Act No.

358/2003 Coll., Act No. 186/2004 Coll., Act No. 80/2006 Coll., Act No.

186/2006 Coll., Act No. 311/2006 Coll., Act No. 342/2006 Coll., Act No.

97/2009 Coll., Act No. 227/2009 Coll., Act No. 347/2009 Coll., Act No.

152/2011 Coll., Act No. 288/2011 Coll., Act No. 329/2011 Coll., Act No.

341/2011 Coll., Act No. 375/2011 Coll., Act No. 18/2012 Coll., Act No.

119/2012 Coll., Act No. 196/2012 Coll., Act No. 64/2014 Coll., Act No.

268/2015 Coll. and Act No. 243/2016 Coll., is amended as follows:



1. In section 22 h of paragraph 1. 1 to 3, the words "Ministry of transport" shall be replaced by

"The Office for access to transport infrastructure".



2. in section 40 para. 2 (h)) repealed.



Subparagraph (i))) and (j) shall become letters (h)) and i).



3. In § 43 para. 4, the words "§ 40 paragraph 2. 2 (a). (j)) "shall be replaced by the words" §

40 para. 2 (a). I) ".



Article. (VII)



Transitional provision



Proceedings under section 10 of Act No. 13/1997 Coll., in the version in force before the date of

entry into force of this Act, initiated before the date of entry into force of

This Act shall be completed pursuant to Act No. 13/1997 Coll., in the version in force

before the date of entry into force of this Act.



PART SIX



Amendment of the Act on Civil Aviation



Article. (VIII)



Act 49/1997 Coll., on civil aviation and the law amending and supplementing


No. 455/1991 Coll., on trades (Trade Act), in

as amended, as amended by Act No. 189/1999 Coll., Act No.

146/2000 Coll., Act No. 258/2002 Coll., Act No. 167/2004 Coll., Act No.

413/2005 Coll., Act No. 186/2006 Coll., Act No. 225/2006 Coll., Act No.

124/2008 Coll., Act No. 274/2008 Coll., Act No. 227/2009 Coll., Act No.

281/2009 Coll., Act No. 301/2009 Coll., Act No. 407/2010 Coll., Act No.

137/2011 Coll., Act No. 375/2011 Coll., Act No. 127/2014 Coll. and act

No. 250/2014 Coll., is amended as follows:



1. in paragraph 2 of section 42d. 2 and in article 42i para. 1, 2 and 4, the words "Ministry of

transport "shall be replaced by" Office for access to transport infrastructure ".



2. In § 42 para. 2 the words "Ministry of transport" shall be replaced by

"The Office for access to transport infrastructure".



3. In article 42i, paragraph 6 shall be deleted.



4. In § 87 para. 1 the words "the Office and the Institute of" shall be replaced by "Office, Institute of

and the Office for access to transport infrastructure ".



5. In section 88 para. 1 letter c) is added:



"(c)), decisions about the introduction of operating restrictions to reduce the noise on the

the airport ".



6. In section 88 para. 1, points (d) to (f))) shall be deleted.



Subparagraph (g)) to q) shall become points (d)) to (n)).



7. in paragraph 89, the following new section 89a, which reads as follows:



"§ 89a



The Office for access to transport infrastructure



and decisions about it), whether published by the airport price list, its ingredients

and the method of their determination are not contrary to § 42e,



b) exposes the way allowing remote access to the list of airports

that the provisions of part four of title VI, and



(c) the operator's obligations) checks the airport and air

the carrier referred to in Title VI of part four. ".



8. In section 94 para. 6 (a). point 2), the words "with the exception of the administrative

offences under the ", the words" § 93 para. 2 (a). d) section 1 ".



9. in section 94 para. 6 (a). (c)), the words "travel agency, or" are replaced by

the words "travel agencies".



10. In section 94 at the end of paragraph 6, the full stop shall be replaced by "or", and

the following point (e)), which read as follows:



"e) authority for access to transport infrastructure, in the case of an administrative offence

under section 93 para. 2 (a). (d)) (1). ".



Article. (IX)



Transitional provision



Proceedings under § 42i Act No. 49/1997 Coll., in the version in force before the date of

entry into force of this Act, initiated before the date of entry into force of

This Act shall be completed pursuant to Act No. 49/1997 Coll., in the version in force

before the date of entry into force of this Act.



PART SEVEN



Amendment of the law on joint stock company Czech railways, State Organization

The railway infrastructure administration and amending other laws



Article. X



Act 77/2002 Coll., on the Czech railways, joint-stock company, the State

the organisation Managing the railway infrastructure and on the amendment of Act No.

266/1994 Coll., as amended, and Act No.

77/1997 Coll., on State enterprise, in wording of later regulations, as amended by

Constitutional Court, declared under no. 83/2003 Coll., Act No.

179/2003 Coll., Act No. 293/2004 Coll., Act No. 179/2008 Coll. and act

No. 194/2010 Coll., is amended as follows:



1. In article 8, paragraph 4 shall be deleted.



2. In section 10, paragraph 1. 1 the words "; funds from operations

operation of the railway passenger transport paid for out of public funds

cannot convert to other activities ' shall be deleted.



3. in article 10, paragraph 2 shall be deleted.



Paragraphs 3 and 4 shall become paragraphs 2 and 3.



4. In section 10, paragraph 1. 2, the second sentence shall be deleted.



PART EIGHT



Amendment of the Act on administrative fees



Article. XI



Appendix to Act No. 634/2004 Coll., on administrative fees, as amended by

Act No. 217/2005 Coll., Act No. 228/2005 Coll., Act No. 361/2005 Coll.

Act No. 444/2005 Coll., Act No. 545/2005 Coll., Act No. 553/2005 Coll.

Act No. 48/2006 Coll., Act No. 56/2006 Coll., Act No. 57/2006 Coll.

Act No. 81/2006 Coll., Act No. 109/2006 Coll., Act No. 112/2006 Coll.

Act No. 130/2006 Coll., Act No. 136/2006 Coll., Act No. 138/2006 Coll.

Act No. 161/2006 Coll., Act No. 179/2006 Coll., Act No. 186/2006 Coll.

Act No. 215/2006 Coll., Act No. 226/2006 Coll., Act No. 227/2006 Coll.

Act No. 235/2006 Coll., Act No. 312/2006 Coll., Act No. 575/2006 Coll.

Act No. 106/2007 Coll., Act No. 261/2007 Coll., Act No. 269/2007 Coll.

Act No. 374/2007 Coll., Act No. 379/2007 Coll., Act No. 38/2008 Coll.

Act No. 130/2008 Coll., Act No. 140/2008 Coll., Act No. 182/2008 Coll.

Act No. 189/2008 Coll., Act No. 230/2008 Coll., Act No. 239/2008 Coll.

Act No. 254/2008 Coll., Act No. 296/2008 Coll., Act No. 297/2008 Coll.

Act No. 301/2008 Coll., Act No. 309/2008 Coll., Act No. 312/2008 Coll.

Act No. 382/2008 Coll., Act No. 9/2009 Coll., Act No. 41/2009 Coll.

Act No. 141/2009 Coll., Act No. 197/2009 Coll., Act No. 206/2009 Coll.

Act No. 227/2009 Coll., Act No. 281/2009 Coll., Act No. 291/2009 Coll.

Act No. 301/2009 Coll., Act No. 346/2009 Coll., Act No. 420/2009 Coll.

Act No. 132/2010 Coll., Act No. 148/2010 Coll., Act No. 153/2010 Coll.

Act No. 160/2010 Coll., Act No. 343/2010 Coll., Act No. 427/2010 Coll.

Act No. 30/2011 Coll., Act No. 105/2011 Coll., Act No. 133/2011 Coll.

Act No. 134/2011 Coll., Act No. 152/2011 Coll., Act No. 188/2011 Coll.

Act No. 245/2011 Coll., Act No. 249/2011 Coll., Act No. 255/2011 Coll.

Act No. 262/2011 Coll., Act No. 300/2011 Coll., Act No. 308/2011 Coll.

Act No. 329/2011 Coll., Act No. 344/2011 Coll., Act No. 349/2011 Coll.

Act No. 350/2011 Coll., Act No. 357/2011 Coll., Act No. 367/2011 Coll.

Act No. 375/2011 Coll., Act No. 428/2011 Coll., Act No. 457/2011 Coll.

Act No. 458/2011 Coll., Act No. 472/2011 Coll., Act No. 19/2012 Coll.

Act No. 37/2012 Coll., Act No. 53/2012 Coll., Act No. 119/2012 Coll.

Act No. 169/2012 Coll., Act No. 172/2012 Coll., Act No. 202/2012 Coll.

Act No. 221/2012 Coll., Act No. 225/2012 Coll., Act No. 274/2012 Coll.

Act No. 350/2012 Coll., Act No. 359/2012 Coll., Act No. 399/2012 Coll.

Act No. 407/2012 Coll., Act No. 428/2012 Coll., Act No. 496/2012 Coll.

Act No. 502/2012 Coll., Act No. 503/2012 Coll., Act No. 50/2013 Coll.

Act No. 69/2013 Coll., Act No. 102/2013 Coll., Act No. 170/2013 Coll.

Act No. 185/2013 Coll., Act No. 186/2013 Coll., Act No. 232/2013 Coll.

Act No. 239/2013 Coll., Act No. 241/2013 Coll., Act No. 257/2013 Coll.

Act No. 273/2013 Coll., Act No. 279/2013 Coll., Act No. 281/2013 Coll.

Act No. 306/2013 Coll., Act No. 313/2013 Coll., legal measures


The Senate No. 344/2013 Coll., Act No. 101/2014 Coll., Act No. 127/2014 Coll.

Act No. 187/2014 Coll., Act No. 249/2014 Coll., Act No. 257/2014 Coll.

Act No. 259/2014 Coll., Act No. 264/2014 Coll., Act No. 268/2014 Coll.

Act No. 331/2014 Coll., Act No. 81/2015 Coll., Act No. 103/2015 Coll.

Act No. 204/2015 Coll., Act No. 206/2015 Coll., Act No. 224/2015 Coll.

Act No. 268/2015 Coll., Act No. 314/2015 Coll., Act No. 318/2015 Coll.

Act No. 113/2016 Coll., Act No. 126/2016 Coll., Act No. 137/2016 Coll.

Act No. 148/2016 Coll., Act No. 188/2016 Coll., Act No. 229/2016 Coll.

Act No. 243/2016 Coll., Act No. 258/2016 Coll. and Act No. 264/2016

Coll., is amended as follows:



1.58 (a) in the entry. (b)), the words "or the siding" shall be replaced by "or

local or siding ".



2. Under item 58 (a); e), the words "or the siding" shall be replaced by "or

local or siding "and the words"-rope Czk 1 000 "shall be deleted.



3. Under item 58 (a); l), after the words "certified driver"

the words "or accreditation for the verification of professional competence and

the knowledge of the people to ensure the operation of the railways or railway transport ".



4. under item 59, 59a, the following is inserted:

"Entry 59a



and Assessment)

-overriding purpose of the passenger railway

transport Czk 1 000

-threat of economic balance

passenger rail transport Czk 1 500



(b) a decision on the violation of the) Declaration

– the law on rail Czk 1 000



(c) decision on the violation of the) issue of the scope of the

allocated capacity or how to

the allocation of the law on rail Czk 1 000



(d) a decision to breach) of the Treaty

about the operation of railway transport on the track

national, or regional or

on the publicly accessible siding or

the proposal of the law on rail £ 1,000 ".



PART NINE



Amendment of the Act on civil service



Article. (XII)



Act 234/2014 Coll., on State service, as amended by Act No. 131/2015

Coll., Constitutional Court, declared under no. 199/2015 Coll., Act No.

298/2015 Coll., Act No. 26/2016 Coll., Act No. 47/2016 Coll., Act No.

137/2016 Coll., Act No. 190/2016 Coll. and Act No. 195/2016 Coll., is amended

as follows:



1. In section 2, at the end of paragraph 1, the period is replaced by a comma and the following

the letter n) are added:



"n) Chairman and Vice-Chairman of the authority for access to transport

infrastructure. ".



2. In article 11 (1) 4, after the words "by expanding" the words "

, Office for access to transport infrastructure ".



3. in section 19 para. 4, after the words "the Czech Statistical Office"

the words "Office for access to transport infrastructure".



4. In paragraph 33, the dot at the end of paragraph 1 is replaced by a comma and the following

the letter w) that read as follows:



"w) the Chairman and Vice-Chairman of the authority for access to transport

infrastructure. ".



PART TEN



The EFFECTIVENESS of the



Article. XIII



This Act shall take effect on the first day of the sixth calendar month

following its publication.



Hamáček in r.



Zeman in r.



Sobotka in r.