266/1994 Coll.
LAW
Dated December 14, 1994
On Railways
Change: 189/1999 Coll.
Change: 23/2000 Coll.
Change: 71/2000 Coll.
Change: 132/2000 Coll., 23/2000 Coll. (Part)
Change: 77/2002 Coll.
Change: 175/2002 Coll.
Change: 320/2002 Coll.
Change: 103/2004 Coll.
Change: 1/2005 Coll.
Change: 191/2006 Coll.
Change: 181/2006 Coll.
Change: 186/2006 Coll.
Change: 296/2007 Coll.
Change: 124/2008 Coll.
Change: 377/2009 Coll.
Change: 227/2009 Coll., 194/2010 Coll.
Change: 134/2011 Coll.
Change: 134/2011 Coll. (Part)
Change: 102/2013 Coll.
Change: 64/2014 Coll.
Change: 180/2014 Coll.
Change: 250/2014 Coll.
Parliament has passed this Act of the Czech Republic:
PART ONE
PRELIMINARY PROVISIONS
§ 1
Subject Matter
(1) This Act transposes the relevant European Union ^ 1)
also follows on directly applicable legislation of the European Union ^ 1) and adjusts
A) conditions for the construction of railway tracks, tram, trolley
a rope and construction on these tracks,
B) the conditions for the operation of railways under a), for the operation
rail transport on these tracks, as well as the rights and obligations of natural and legal persons
associated with it,
C) state administration and state supervision in matters of rail,
tram, trolley and cable.
(2) This Act does not apply to track mining, industrial and portable.
§ 2
Basic concepts
(1) The track is designed for the movement of rail vehicles including fixed
equipment necessary to ensure safety and continuity of railway transport
.
(2) Operability of Railways is the technical condition of the runway
ensuring its safe and smooth operation.
(3) Operation of a rail are activities which are secures and handles
track and organize rail transport.
(4) operation of rail transport is an activity where the operator
this service (hereinafter "carrier"), and a person whose transportation needs are satisfied
, a legal relationship, the subject of which is the carriage of persons,
things, animals or an activity aimed at sustaining business by
special regulations. ^ 1b)
(5) Public interest in the combined transport means interest
promote environmentally friendly mode of transport.
Support for combined transport in the public interest means a tax credit under a special legal regulation
. 1c ^)
(6) combined transport means the freight trains using
during a single trip rail transport and road and water transport.
(7) The rate-schedule listing prices for individual transport performances in
provision of transport services and their conditions of use.
(8) persons established in the Czech Republic is a person authorized
business in the Czech Republic under the Commercial Code, which is
registered in the commercial register or whose business or organizational unit
enterprise located in the Czech Republic registered in the commercial register
.
PART TWO
PATH
§ 3
Category railways
(1) railway track in terms of importance, purpose and technical
conditions, the implementing legislation, divided into various categories
. Categories of railway lines are:
A) track nationwide, which is a railroad serving international and national
public railway transport and is indicated as such,
B) regional railroad, which is a railroad of regional or local importance
serving public railway transport and running into nation-wide
or other regional railroad
C) a siding, which is a railroad serving their own needs
operators or other entrepreneur and running into
national or regional railroad or another siding,
D) a special railroad serving particular, the transport
of a community.
(2) The inclusion of a railroad track in the appropriate category and
changes thereof shall be decided by the Rail Administrative Authority.
§ 3a
(1) Track nationwide is part of the European rail system.
Elements of the European rail system in the implementing legislation.
(2) A railroad serving the operation of high-speed rail
traffic, a railroad equipped for rail vehicle speeds above 200 km / h.
Railroad equipped for rail vehicles speed to 200 km / h
intended for passenger or freight and intermodal transport path is
conventional.
§ 4
Circuit track
(1) The circuit path is designated territory zoning decision for the location of the building
track.
(2) The circuit track at national and regional railroad tracks is defined
vertical areas whose land boundaries, which are intended for
railroad location and its maintenance.
(3) The circuit paths with other paths defined by vertical areas
3 meters from the outer rail axis, outer carrying or transport rope
outer conductor overhead lines or borders of the land intended for placement
Railways and its maintenance at least 1.5 meters from the outer edge
railroad construction, unless the transport route path runs along the ground
communication.
§ 4a
Runway protection
(1) No person shall without the permission of the railway operator to perform circuit
track activities that are considered business, entering the runway and the perimeter
path to places that are public, unless special
law-1d) provides otherwise.
(2) All points on the track and in the circuit paths are closed to the public except
A) railroad and its district, where the path goes along the road,
B) railroad and its district at the site of the railroad crossing with a surface road,
C) areas intended for the public, the platforms and access roads
and space in buildings located within the perimeter of the track if they are
provision of services related to rail transport
D) public roads circuit track
E) free areas at least 2.5 meters away from the axis of the outer rail of the track.
§ 5
Construction of a railroad and the structure on track
(1) construction of a railroad construction is designed for the movement of rail vehicles and
construction that extends, complements, alters or secures the runway
no matter whether it is in the circuit path or not.
(2) Buildings on the track all the buildings and equipment ^ 1e) in circumference
pathways that are building the track, regardless of the purpose it serves.
(3) construction of a railroad and the structure on track to comply with specifications ^ 2)
and safety requirements for the rail operation and rail transport.
Technical conditions and requirements of the individual types of railroads in the implementing legislation.
(4) The railroad is designed for the movement of rail vehicles can be canceled only
upon its owner. The abolition of Railways decided Rail Administrative Authority.
§ 5a
Contact paths with a stranger leadership
(1) For reasons of public interest, the railroad and rail system construction may cross or
socialize with power lines, collecting, telecommunications,
or other networks of technological equipment not serving
rail operation and rail traffic on railroads (hereinafter referred to as "network
technical equipment") so that the rights and obligations of owners and operators
such equipment in compliance with the rights and obligations
owners and operators of railways and rail transport on track .
(2) Networks technical facilities may be located within the district
railroad tracks based on a written contract for the easement,
concluded between the rail network owner and technical equipment
return for payment. If no contract, property rights may be restricted by the decision
special building authority. In the restrictions
property rights, the special building office under a special
Act. ^ 2)
(3) During the crash the network of technological equipment located at the perimeter of the track is
owner of the network hardware is obliged to inform
railway operator this accident and the extent of the necessary work for its removal
. The owner of the network hardware is required in matters concerning
tracks follow the instructions provided
track and ensure the subsequent introduction of the stretch of track to its original state, and
if this is not possible due to the nature of work performed, to
state corresponding to the original purpose or use of the stretch of track.
(4) When changing lanes or construction of a new runway construction builder pays
costs associated with changes in network hardware caused
building or its modification stated in the decision of a special building authority.
(5) The owner of network hardware, which are located in the district
runway or runway protection zone and in the zone due to negative
Traction currents from the use of power systems lanes DC or AC
Electrification system is required to ensure their operation, maintenance and repair
so as to not cause threat to life, health or property of persons
.
§ 6
Crossing paths
(1) If the railroad crosses a road at the level
tracks crossing shall be designated and safeguarded. Means of identification
crossing the implementing legislation.
(2) The scope and manner of safeguarding the crossing railroad tracks with
road at the level of rails, and any change to rail
administrative office after the previous opinion of the competent authority of the Police of the Czech Republic
. Decisions on the extent and manner of safeguarding the crossing
substitute for a permit issued by administrative authorities under special legal regulations
. 2b) technical methods of securing the crossing down detailed
prescription.
(3) When the railroad is crossing a road at the level
rails, the rail transport priority over traffic on the road
roads.
§ 7
Construction Management
(1) special building authority ^ 3) for the construction of tracks and structures on rail
is a rail administrative authority.
(2) the construction of a runway for use must be before issuing the occupancy permit
technical-safety test. For
buildings, whose nature and purpose affect the conditions of safe and smooth operation
track and rail transport provides
Rail Administration office in the building permit also the introduction of trial operation.
Scope and conditions of technical safety test and test operation provides
implementing legislation.
(3) The construction, which is building the track and partially interferes with its
circuit can be established and operated with the approval
Rail Administrative Authority and under the conditions set by it.
Protective zone of the rail
§ 8
(1) The protective zone tracks form a space along both sides of the track, whose boundaries are defined
vertical plane running
A) with nation-wide and regional railroads: 60 meters from the outer rail axis,
least 30 meters from the rail system district border,
B) with nation-wide, built for speeds exceeding 160 km / h
100 m from the axis of the outer rail, but at least 30 meters from the rail system district border,
C) with sidings 30 meters from the outer rail axis,
D) with a special railroad: 30 meters from the border perimeter track, tunnels
special railroad: 35 meters from the outer rail axis,
E) with cableways: 10 m from the carrying cable, transport cable or the axis of the outer
dormitory
F) with tramway and trolleybus 30 meters from the outer rail axis
or the outer contact wire.
(2) for rail systems running on roads and railway siding in a confined space
premises or within a port does not establish a protective zone.
§ 9
(1) The rail safety zone establishment and operation of structures, carrying
mining operations and mining activities, run
shooting range, storage of explosives and hazardous waste and establish
light sources and colored interchangeable faces for signals only with the consent
Rail administrative Authority and under the conditions set by it.
(2) The operator and the railway undertaking is entitled to the rail safety zone
enter private land or the buildings located on this
for the repair, maintenance and operation of the track, eliminating the consequences of accidents or
damage to the track and to remove other barriers
limiting the operation of rail transport. He is obliged to ensure that
make use of land or buildings on them standing, what was
least disturbed and that the entry and activities no damage, which is
avoided. This authorization must be limited to what is necessary
time and necessary. This provision shall not affect the right to compensation
damages under the Civil Code.
(3) The operator and the railway undertaking is entitled to emergency or urgent public interest
for the rail operation or rail transport operation
time necessary to the extent necessary and for compensation for use
property owner in rail safety zone can not achieve the purpose
otherwise.
(4) The owner of the property adjacent to a tramway or trolleybus
is strictly necessary for the time necessary
obliged for the only tolerate restrictions on their ownership rights of
Property consisting of the location and operation of fixed traction,
signaling or signaling equipment.
Decision to limit the right of ownership and the amount of payment issued to the proposal rail operator
tram or bus Rail Administrative Authority. The rail system operator is obliged
during placement and removal of the device on foreign real estate
state property upon completion of the work to its original state, and if this is not possible
due to the nature of work performed, to the state corresponding
original purpose or use of the property concerned.
§ 10
Runway protection
(1) Owners of property in the vicinity of the track must suffer in order
on their land was taken the necessary measures to prevent landslides
soil, rock falls, avalanches and trees, or parts thereof, whenever such || | danger construction or operation of the rail system or natural causes;
If there is the danger of hearing these owners are obliged
take the necessary measures at their own expense. The scope and method of implementation
necessary measures and on who performs decide
Rail Administrative Authority.
(2) The Rail Administrative Authority shall identify sources of danger to the rail and sources of interference
operation of rail systems. Where other source of danger than
referred to in paragraph 1, the Rail Administrative Authority shall order the operator or
owner to remove the source of danger. If it fails
operator or owner of the source of danger, the Rail Administrative Authority decides
eliminate the source of danger at his expense.
PART THREE
REGULATION OF THE OPERATION OF RUNWAY Official permission
§ 11
(1) can operate a legal or natural person on the basis
official authorization, and in the case of the operation of the national or regional
, and based on safety certification of the track
national and regional ( 'the safety certificate
rail operator "), if it is registered in the commercial register. ^ 5)
(2) The official permit issued by the Rail Administrative Authority.
§ 12
Official permit may be issued on condition that:
A) a natural person and his or her authorized representative, if any, have reached
21 years of age, they are legally competent, probity and professionally qualified
; the applicant does not meet the condition of professional competence
if it meets his authorized representative,
B) the statutory body or member of the statutory body
reached the age of 21 are legally competent, blameless and
least one member of the statutory body is professionally qualified,
C) the applicant intends to operate a national and a regional railroad
demonstrate financial capability to operate this pathway (§ 14a).
§ 13
Person of integrity pursuant to § 12 is not the one who was lawfully
sentenced for an offense committed with negligence in dealings related
licensed activities, or for a crime committed intentionally.
§ 13a
In order to determine whether a person according to § 12 letter. a) or b) satisfies the condition
integrity according to § 13, the Rail Administrative Authority seeks
by special legislation 5b) an extract from the criminal records.
Application for an extract of criminal records and extract from the Criminal Records
be transmitted electronically in a way
remote access.
§ 14
Professional competence demonstrated by the applicant
document on completion of higher education or economic or technical
traffic or law and evidence of three years' experience in managing
activities in the field of rail operation or proof of completion of a full
secondary vocational education or transport or economic
technical focus and a certificate of at least five years experience in managing
activities in the field of rail operation.
§ 14a
(1) Financial fitness for operation of the national or regional track
means the operator's ability to track financially secure
commencement and proper operation of railway tracks for the needs of a smooth and safe
rail transport.
(2) Financial fitness shall be demonstrated
A) detailed commercial budget for annual accounting period in which
income from fees for the use of railway infrastructure, maintenance costs and repairs
tracks to ensure its operability and other costs
To ensure the rail system operation must be listed separately, indicating
other business and operating receipts and payments and the list of debtors and creditors of
,
B) the volume of available funds, including the bank
accounts and loans
C) working capital,
D) the audited financial statements, including its complete annex
range (statement of cash flows) if the railway operator
in the preceding accounting period carried out a business activity.
(3) The detailed breakdown of data referred to in paragraph 2 and the method of their calculation
implementing act.
§ 15
(1) An application for an official permit must contain:
A) business name, address and legal form of legal entity that intends to operate
path, and the name and address of the person or persons who constitute its
statutory body and identification number (hereinafter
"identification number"), if assigned, or the name and place of residence,
business name and personal ID number, which intends to operate
path as well as the same data regarding the authorized representative, if || | appointed
B) identification of the owner runway
C) the designation of the railroad and its description, including the beginning and end of the runway,
points of contact with each other railroads and the construction length of the railroad.
(2) An application for an official permit must be accompanied by:
A) Certificate of Incorporation, if it has a registered legal
person, if the applicant is a legal person or a document proving
establishment of a legal person
B) written document confirming the existence of a contractual relationship between the applicant and
authorized representative, if appointed, if the applicant is a natural person
C) a document proving the professional competence of a natural person or
document proving the professional competence of the authorized representative if
appointed, if the applicant is a natural person or a document proving the professional competence
least one member of the statutory authority, if
applicant is a legal entity
D) document certifying the applicant's ownership of the rail system or a document certifying
legal relationship of the applicant to the runway, unless the applicant
owner
E) document proving the technical worthiness of the rail to its
operation,
F) documents proving the financial fitness in case if an applicant
who intends to operate a national or a regional railroad
G) proof of payment of an administrative fee.
§ 16
(1) The Rail Administrative Authority shall decide on granting the official permit within 60
days from receipt of the request for an official permit.
(2) The Rail Administrative Authority decision to issue an official permit sets conditions for operating the track
concerned to ensure proper and safe operation
track.
(3) The official permit is not transferable.
(4) The official permit is no legal entitlement.
§ 17
(1) The decision to issue an official permit, the Rail Administrative Authority shall:
A) business name including the legal form, address and identification number,
if already assigned, the name and surname of the statutory body or members
statutory body in the case of a legal person, or name and
surname rail operator, business name, personal identification number, permanent residence
; if the responsible representative is appointed, also data concerning the
person, in the case of a natural person,
B) the owner of the track,
C) the designation of the rail system operated and its description, including the beginning and end of the runway
, point of contact with each other railroads and the construction length
track
D) the date of commencement of the runway
E) the period for which the official permit is issued,
F) other operating conditions for the track.
(2) The rail system operator is obliged to notify the Rail Administrative Authority
all changes to data and documents, which are defined as
requirements for an application for an official permit according to § 15, and submit the documents relating
within 30 days of changes. Rail Administrative Authority pursuant
circumstances of the case decides to change the official permit or decide to cancel
official authorization.
(3) The Rail Administrative Authority on the basis of a reasoned request from the operator
Railways decided to change the official permit following a change
facts on which the decision was made for an official
permission.
§ 18
Cancellation and termination of official authorization
(1) If the operator wants to operate the rail tracks,
is obliged to notify the appropriate Rail Administrative Authority in
period of one year before submitting a proposal for terminating the official permit for operating the rail
. At the same time it is also obliged by the same deadline to notify
railway owner.
(2) The official permit for operating the rail expires
A) decision of the Rail Administrative Authority for the cancellation of the official permit, if the railway operator
First ceases to satisfy the conditions for official authorization
Second violated the provisions of this Act,
Third He filed a petition for cancellation of the official permit for operating the rail system,
B) the expiry of the period for which the official permit issued
C) dissolution of the legal person who is the holder of the official permit,
D) within 30 days after the death of the individual who holds an official
permit
E) the date of cancellation of the rail.
§ 19
Canceled
§ 20
Owner Responsibilities track
(1) The rail system is obliged to provide maintenance and repair pathways in the range
necessary for its operability and enabling the contact with other tracks
tracks.
(2) The owner of the national and regional railroad is also obliged
foster the development and modernization of the rail to the extent necessary to ensure
transport needs of the State and transport services in the Region.
(3) Unless the owner of nation-wide or regional railroad and state
rail system owner is unable to ensure its operability is obliged
track to offer the State the repurchase.
Acts on behalf of the state Department of Transportation.
(4) The technical specifications of the runway and technical conditions
traffic lanes in the implementing legislation.
§ 21
(1) The rail system is required to ensure the operation of the track. Unless
owner of nation-wide or regional
while the operator is obliged to allow the operation of a rail
another authorized person.
(2) If the owner of the track to ensure the operation of the track is required to provide
path to ensure its operation:
A) the State represented by the Ministry of Transport, the case of trajectory
national or regional
B) the municipality or municipalities in whose district the track is the case
of tramway, trolleybus, special or cable car.
The rights and obligations of the rail operator and duties of persons located
on the track and in the circuit path
§ 22
(1) The rail system operator is obliged
A) operate the rail system for the needs of a smooth and safe rail transport by
rules for the operation of the track and the official permit,
B) give the date of commencement of Railways internal regulation on
rail system operation and professional competence and qualification of persons providing operation
path and method of their verification including
system of regular training,
C) ensure that the rail operation carried out by people who are disabled and
qualified,
D) for public rail passenger transport timetables and publish their
changes
E) to mark the names of the stations (stops), which operates;
operator of a nation in this direction is bound by the decision
rail administrative authority of the station name (stops)
F) operate specified technical equipment with a valid certificate of eligibility
and the technical condition that corresponds approved
eligibility
G) provide carriers access to services provided by the service
pathways in a manner that excludes any benefit from carriers.
Range of services provided by the infrastructure
implementing legal regulation.
(2) The operator of a nationwide or regional railroad is also obliged
A) financially ensure due rail system operation throughout the validity
official authorization
B) provide the Rail Administrative Authority for every calendar year
no later than 30 June of the following documents proving the continuing financial
eligibility for the proper operation of rail
C) at the request of the Rail Administrative Authority, the information needed to verify
continuing financial ability to operate the track,
D) establish a system ensuring the rail operation safety and ensure compliance
,
E) by 30 June each year the Rail Administrative Authority
Annual report on the safety of the rail operation for the past calendar year
.
(3) The track is entitled
A) giving carriers in organizing railway transport
instructions to ensure smooth and safe rail transport,
B) giving persons who are in the circuit path
guidelines to ensure their safety, the safety of others and how to protect property
and public order and to prevent possible interference or danger
the rail operation and rail transport on dragee.
(4) Persons who are in the circuit paths are bound to take heed of their
safety, follow the instructions of the railway operator to ensure the safety of people and
rail operation safety and rail transport and guidelines for
protection of property and public order and are obliged to refrain from
anything that might disturb or jeopardize the operation of the rail system and rail transport
or result in damage to components on the track or
rail vehicle, or disrupt public order.
(5) The rules for the operation of rail system elements
ensuring the safety of the rail operation and content of annual reports on the safety of the rail operation
implementing act.
§ 23
(1) The operator of the national and regional railroad
addition to the obligations specified in § 22 is obliged
A) to enable carriers with a valid license, allocated capacity
Infrastructure and valid safety certificate, under contract
operate rail transport on a rail at a price agreed by price
regulations ^ 6) | ||
B) to provide its transport route for the time necessary
another railway operator for roundabouts nesjízdného section Infrastructure
if those impassability caused by a natural disaster or accident.
(2) The operator of the national and regional rail system, unless it
owner of this pathway is also obliged
A) no later than 14 months before the working timetable forward by the allotment
infrastructure capacity (§ 34b paragraph. 2) the nature and capacity it
operated transport routes; in determining the capacity of the track operator
throughput Infrastructure derived from the maximum number of trains
that can run on it,
B) determine the scope of the transport services for the transport of persons and goods
individual stations, and publish it in the Transportation and Tariff
Journal.
§ 23a
Operator's safety certificate path
(1) The track must have the date of launching the rail system operation
national or regional safety certification of the track.
Safety certificate issued by the rail operator Rail Administrative Authority
at the request of the railway operator for a period of 5 years.
(2) An application for a certificate of safety of the railway operator must
contain information about the name or business name the rail operator and its
residence or registered office and data management system for ensuring the operation
track and assurance system rail operation safety, including ensuring
obligation when an extraordinary event. The application
railway operator attaches
A) a list of jobs provided by the infrastructure for
which is required professional competence, and a description of its
ensure
B) a list of designated technical equipment used for the operation
path, including proof of their operation,
C) internal regulations for the operation of rail
operation of specified technical equipment, requirements for professional competence and skills
persons ensuring rail system operation and method of their verification
including a system of regular training,
D) evidence of payment of an administrative fee.
(3) The operator's safety certificate runway shows that the railway operator
A) has an internal organizational structure and management system for ensuring
rail operation, and has created a safety management system
running track, which means a set of organizational and technological measures
for the safe operation of rail
B) issued internal regulations for the operation of rail
operation of specified technical equipment, and requirements for the competence and skills of persons ensuring
rail system operation and method of their
verification, including the system of regular training.
(4) The rail system operator is obliged to notify the Rail Administrative Authority
Changes in the data submitted when applying for a certificate of
safety rail operator, and submit the documents within 30 days from the establishment
changes. According to the nature of the changes, the Rail Administrative Authority shall decide on the change
safety certification of the track.
(5) If the Rail Administrative Authority finds that the railway operator stopped
satisfy conditions ensuring the safety of operation of rail safety certificates
rail operator withdraws.
(6) Issue, amend or withdraw the operator's safety certificate
Railways announces the Rail Administrative Authority within 1 month of the date of legal
the decision of the European Railway Agency-6a).
(7) A sample application for a certificate of safety of the railway operator
national or regional model and the operator's safety certificate
tracks nationally or regionally, in the implementing legislation.
§ 23b
Restrictions running track
(1) The track is entitled for the time necessary to limit
operation of the rail system or its part for reasons of maintenance or repair
lanes or due to disruption of the rail system operability due to a natural
event of an accident or incident an event that endangers safe operation
track or rail transport.
(2) If the time limit operation of the rail system or its part
24 hours and the restriction disturbs the settled range and frequency of rail transport is
railway operator must immediately notify the reasons and time constraints
anticipated rail administrative office, railway owner and
carriers who operate transport on the rail system whose operation is limited
. Rail Administrative Authority based notification service lanes
may decide on the time and conditions of the restricted operation of the rail system or its part
. This procedure is without prejudice to the right of carriers to compensation for damages
.
(3) The rail system operator is authorized to operate a limited extent
due to cessation of rail traffic on the runway or portion thereof in accordance with the decision
rail administrative authority under § 38. The operator of the track in a limited
the rail operation to ensure regular inspections and control
specified performance included tracks by
rules for the rail system.
§ 23c
(1) The Rail Administrative Authority on the basis of a reasoned request from the operator
Railways decided to limit the operation of the rail system or its parts
disturbs the settled range and frequency of rail traffic due to reconstruction
rail system or its part by building authorization.
(2) The Rail Administrative Authority shall discuss with the owner of the rail as
carrier, which operates the transport on the runway or portion thereof, whose
operation should be limited.
(3) The Rail Administrative Authority decision to determine the time and conditions of the restricted operation
runway or portion thereof. This procedure is without prejudice to the right
carriers for damages.
PART FOUR
REGULATION OF THE RAIL TRANSPORT
Licence
§ 24
(1) The rail transport operation may be operated publicly or privately.
(2) Public rail transport is a service operated by the carrier to
satisfaction of general transportation needs according to the renowned
traffic conditions, publicized timetable and tariff.
(3) Non-public rail transport is a service operated by the carrier to
meet individual transportation needs in accordance with the contractual terms
.
(4) Cross-border passenger rail transport is right at which
operation is crossing the state border of the Czech Republic and
whose predominant purpose is to transport passengers between two or more Member States of the European Union
.
(5) To operate passenger rail transport on track
a legal or natural person who
A) is established in the territory of the Czech Republic, unless a person
established in a Member State of the European Union engaged in cross-border passenger rail transport
,
B) holds a valid license with the exception of rail transport operation on a cableway and
C) has signed a contract with infrastructure for operation of railway transport
unless the operator and the railway undertaking by one person.
(6) To operate the rail freight transport on the rail may
legal or natural person who
) Is the holder of a valid license with the exception of rail transport operation on a cableway and
B) has concluded a contract with infrastructure for operation of railway transport
unless the operator and the railway undertaking by one person.
(7) operate the rail transport on a national or regional
may be a natural or legal person who
A) meets the conditions referred to in paragraph 5, in the case of passenger railway transport
or conditions in paragraph 6, in the case of rail freight transport
,
B) holds a valid certificate carrier
C) has the infrastructure capacity allocation and
D) has agreed a price for the use of tracks by price regulations and set
method of payment.
(8) The license granted upon request Rail Administrative Authority.
§ 25
License may be granted on condition that:
A) a natural person and his or her authorized representative, if appointed,
reached the age of 18 are eligible for legal transactions, probity and professionally qualified
; the applicant does not meet the condition of professional competence
if it meets his authorized representative,
B) the statutory body or a member of the statutory body, if the applicant
legal person reached the age of 18 are eligible to perform legal acts
are blameless and at least one member of the statutory body is professionally qualified
,
C) the applicant wishing to operate rail transport on a nation-wide
or regional railroad demonstrates financial capability to operate
rail transport
D) technical track conditions allow it.
§ 26
Person of integrity pursuant to § 25 is not the one who was lawfully
sentenced for an offense committed with negligence in dealings related
licensing, or for a crime committed intentionally.
§ 26a
In order to determine whether a person according to § 25 point. a) or b) satisfies the condition
integrity according to § 26, the Rail Administrative Authority seeks
by special legislation 5b) an extract from the criminal records.
Application for an extract of criminal records and extract from the Criminal Records
be transmitted electronically in a way
remote access.
§ 27
Professional competence demonstrated by the applicant
document on completion of higher education or economic or technical
traffic or law and evidence of three years' experience in managing
activities in the field of rail transport or proof of completion of a full
secondary vocational education or transport or economic
technical focus and a certificate of at least five years experience in managing
activities in the field of railway transport.
§ 27a
(1) Financial fitness for rail transport operation on track
national or regional railroad means the ability of the carrier
financially ensure the launching and proper operation of rail transport and
ability to secure current and future liabilities at least for the period
one year.
(2) Financial fitness shall be demonstrated
) Corporate assets,
B) the volume of available funds, including state
bank accounts and credit
C) working capital,
D) business plan for the first year of operation of rail transport,
E) audited financial statements, including its annexes in full
range (statement of cash flows) in the event that the carrier
preceding annual accounting period carried out a business activity
F) document on the financing of rail vehicles.
(3) The carrier is not financially fit, especially if
entered liquidation or there is an ongoing insolvency proceedings in which it solves its
bankruptcy or impending bankruptcy, ^ 6a) or if the arrears owed to
taxes, social insurance premiums, contributions to state policy
employment or insurance for universal health insurance.
(4) The carrier must have a liability insurance policy for damage caused by the operation
rail transport.
(5) Details of proving financial capacity to launch
and rail transport operation on the nationwide or regional track
implementing act.
§ 28
(1) An application for a license shall contain:
A) business name, address and legal form of legal entity that intends to operate
rail transport, and the name and address of the person or persons who
its statutory body and identification number, if
Assigned, or the name and permanent residence, business name and personal number
natural person who intends to operate the rail transport, as well
same data regarding the authorized representative, if appointed,
B) data on the track, which is to be operated rail transport, and an indication of which fields
(line section, line route)
applicant intends to operate the rail transport
C) the designation of the rail system operator,
D) data related to the transport mode and range of services provided
in connection with the carriage of passengers and goods,
E) data on the number and type of the rail vehicles,
F) with tramway, trolleybus, and special railroads, a draft timetable
leadership required connections and design of routes including all stops for boarding and alighting
and determine the origin and destination stations.
(2) The application must be accompanied by:
A) written proof of the existence of a contractual relationship between the applicant and
authorized representative, if appointed, if the applicant is a natural person
B) extract from the Commercial Register proving the establishment
legal persons
C) a document proving the professional competence of a natural person, or
document proving the professional competence of the authorized representative if
appointed, if the applicant is a natural person or a document proving the professional competence
least one member statutory body, if the applicant is a legal
person
D) documents proving the financial fitness in case if an applicant
intending to operate rail transport on a national or regional
track,
E) proof of payment of an administrative fee.
§ 29
(1) The Rail Administrative Authority shall decide on granting a license within 60 days of receipt
license application.
(2) The Rail Administrative Authority in its decision on granting the license sets out the conditions
operation of rail transport, in particular concerning the provision of transport services in the region
and safety of rail transport.
§ 30
(1) The decision to license Rail Administrative Authority shall:
A) business name including the legal form, address and identification number,
if already assigned, the name and surname of the person or persons who are
statutory body or its members, in the case of a legal person
or the name and surname of the carrier identification number, business name and its
permanent residence; if the responsible representative is appointed, also data concerning
his person, in the case of a natural person,
B) the designation of the railroad (section, line route), to which the carrier
authorized to operate rail transport, names of stations (stops) and
determine the starting and terminal stations (stops)
C) the designation of the rail system operator,
D) type, range of services, including scope
access carriage of passengers with reduced mobility and orientation
,
E) the date of commencement of operation of rail transport
F) the period for which the license was granted,
G) other terms for rail transport.
(2) If the application is rejected, the Rail Administrative Authority shall in its decision
reasons for which no license has been granted.
§ 31
(1), railway undertakings and infrastructure on which the transport is to be operated
are when concluding a contract on operation of rail transport on the bound
extent and conditions set in the decision on the license.
(2) If, when concluding a contract on operation of rail transport between
railway operator and the carrier is a dispute about setting specific conditions
operation of railway transport, acting at the request of one of them
Rail Administrative Authority.
§ 32
Change License
(1) The license holder is obliged to notify the Rail Administrative Authority
all changes relating to information and documents, which are defined as
requirements for an application for a license under § 28, with the exception of data on the extent
and frequency of transport and submit the documents to
30 days of changes. Rail Administrative Authority as the case
decide on the amendment to the license or to revoke a license.
(2) The Rail Administrative Authority shall decide on a license modification
A) if it is necessary to fulfill obligations arising from international agreements
, which the Czech Republic is bound and which was promulgated in the Official Gazette
,
B) there has been a change in the facts on which the decision on granting a license
,
C) upon a reasoned request of the carrier.
§ 33
Rail Administrative Authority decides to revoke a license if the license holder
:
A) violates the obligations under this Act,
B) fulfill the conditions stipulated in the license
C) to withdraw the license requested.
§ 34
License expires:
A) the expiration of the period for which they were granted
B) dissolution of the legal person who holds a license
C) within 30 days after the death of the individual who holds a license
D) the date of cancellation track
E) the decision of the Rail Administrative Authority to withdraw the license.
§ 34a
License granted by a Member State of the European Union
(1) A license to operate rail transport issued by the Office of the Member State of the European Union
6b) are in the Czech Republic.
(2) Unless the license granted under paragraph 1
fixed period of validity, is a rail administrative authority is obliged to examine at least once every five years
fulfillment of the conditions stipulated in the license. Where
Rail Administrative Authority to fulfill the conditions for the grant of a license, promptly inform
the competent authority in the state that issued the license.
(3) If the Rail Administrative Authority issues, suspend, modify or withdraw
license to operate rail transport on rail systems included in
European railway system, it shall inform the Commission of the European Union
. 6b) | ||
§ 34b
Allocation of railway infrastructure capacity at national and regional railways
(1) railway infrastructure for the purpose of operating rail transport
means its usable passability within the layout paths requested
trains on the section of road transport in a certain period.
(2) The railway infrastructure capacity at national and regional railways allocates
person (hereinafter referred to as "Allocator"), which is
A) Railway Infrastructure Administration, ^ 6c) in the case of road transport
state owned
B) the owner of the transport route, if it is a transport route that is not
state ownership.
(3) Allocates If the capacity of transport routes on the nationwide and regional
more allocators, such persons shall
mutually cooperate and coordinate their activities in the interest of efficient allocation
infrastructure capacity that exceeds one path. For this purpose
such persons shall establish a joint body to coordinate the allocation of capacity
transport routes.
§ 34c
Statement, state and regional
(1) The Allocator shall, after consultation with the rail system operator
later than 12 months before the working timetable network statement ^ 6e) and
publicize it in the Transportation and Tariff Bulletin.
(2) The network statement will contain
A) the technical nature of the transport infrastructure and its capacity for railway transport
,
B) principles, criteria and conditions for the capacity allocation
applicants including the lack of capacity
C) conditions for access to infrastructure,
D) the conditions for capacity allocation for a period exceeding the validity
timetable and principles for concluding framework agreements for capacity reservation
carriers
E) the option to forgo the allocated capacity in case of non-use
F) conditions for the withdrawal of the allocated capacity when it
exploitation or partial exploitation, including information on charges for
failure to use allocated capacity,
G) information on charges for infrastructure capacity allocation and determination
rates for the use of infrastructure,
H) particulars of applications for infrastructure capacity allocation,
I) details of restrictions on the allocation of railway infrastructure capacity,
J) the determination of reserve capacity transport route for repairs and maintenance and for
emergencies and procedures for its use;
mandatory part of the time frames for allocation,
K) definition of a system of financial incentives for Allocator and carriers to ensure
minimize disruption to road traffic and increasing its permeability
for negotiating a contract on operation of rail transport;
May include penalties and rewards.
§ 34d
(1) Applications for infrastructure capacity allocation may submit a person who
holds a valid license.
(2) An application for infrastructure capacity allocation submitted by a person referred to in paragraph 1
allotment at the time of the publication of the network statement
no later than 8 months before the working timetable.
(3) A person who is not established in the Czech Republic and intends to submit
request for infrastructure capacity allocation for the purpose of operating
cross-border passenger rail transport, it shall notify in writing
later than two months before filing request made under paragraphs 1 and 2 of the allotment,
rail operator, unless Allocator and Rail administrative Authority.
The notification must contain the definition of the railway infrastructure on which the
will ask, and definition of the train route including stops outside the Czech Republic
. Rail Administrative Authority shall forward the notification without delay
Ministry of Transport, regions and carriers who transport on the road
operate passenger rail transport under a public service contract
passenger transport.
§ 34e
(1) The Allocator shall allocate the railway infrastructure capacity if the applicant fulfilled
conditions for capacity allocation set out in the published statements of
track and infrastructure capacity permits; In doing so, if
not the case under § 34f, so as not to favor one
applicant. Infrastructure capacity allocated for the period of validity of the driving
order.
(2) The Allocator shall allocate the railway infrastructure capacity at a price agreed by price regulations
^ 6), setting time frames for train paths.
(3) If it is not possible to satisfy all requirements applied
allocation of railway infrastructure capacity, the Allocator may perform
coordinating the requirements for applicants and all applicants propose a reasonable degree
different capacity transport route that does not match the full
individual applications.
(4) Should an applicant disagree with the given coordination requirements
communicate its objections in writing within three days of receipt of an allocation of railway infrastructure capacity
allotment. Allocator will
objections within 10 working days of receipt of the applicant's objections;
this settlement does not apply to administrative rules.
(5) unused railway infrastructure capacity allocated to applicants in Allocator
during the working timetable according to the chronological order of requests
capacity allocation; preferentially allocate unused capacity transport
an applicant who intends to provide transport services.
(6) At the extraordinary request for infrastructure capacity allocation, which
submitted after the deadline specified in § 34d paragraph. 2, Allocator shall respond within 5
working days after receipt.
(7) Allocator and applicants under § 34d paragraph. 1 may conclude a framework agreement
defining characteristics and extent of railway infrastructure capacity
required for a period exceeding one year validity timetable
order. Conclude a framework agreement may be for a maximum period of 5 years;
extend the validity of the framework agreement for a period longer than 5 years is possible if the applicant
under § 34d paragraph. 1 has for this time obligation to provide transportation
under contract or made investments in large-scale
rail vehicles to provide transportation.
(8) Framework agreement can not exclude the use of other transport routes
carriers. The framework agreement must contain provisions that would exclude
change agreement.
§ 34f
(1) If the number of requests railway infrastructure capacity, the Allocator
entitled to preferential allocation of capacity to an applicant for operating
A) public rail transport to ensure transport needs of the state
B) public passenger transport to ensure transport services
regional territory
C) combined transport
D) rail transport allocated by the Allocator in the network statement.
(2) When the capacity allocation under paragraph 1
proceeds in the order specified in paragraph 1
(3) The carrier is not allocated capacity
transferred to other persons.
§ 34 g
(1) Applications for infrastructure capacity allocation may, within 15 days from the publication
network statement to the Rail Administrative Authority the review
including the criteria contained therein.
(2) Applications for infrastructure capacity allocation, which failed Allocator
capacity nor the procedure according to § 34e, is entitled to 15 days from the receipt of the
according to § 34e paragraph. 4 to the Rail Administrative Authority || | process of reviewing the allocation of railway infrastructure capacity, including its
results and the method of pricing.
(3) If the Rail Administrative Authority incorrect procedure during processing
Statement including the criteria contained therein or in the process
allocation of railway infrastructure capacity, including its findings and methodology
pricing, decides to change the network statement including the criteria
contained therein or the allocation infrastructure capacity including
method of pricing.
§ 34h
Certificate carrier
(1) The carrier must have the date of launching the rail transport operation on a
national or regional railroad safety certificate which covers
of a nation or a part of them.
Carrier certificate issued by the Rail Administrative Authority upon request
carrier for a period of 5 years and shall indicate the transport mode and range of services on
covered.
(2) An application for a certificate carrier must include the name or business
carrier and of his residence or registered office, and system information
management to ensure the operation of the rail transport system and ensuring the safety of operation of rail
transportation, including
duties when an extraordinary event. The application carrier attaches
A) a list of jobs provided by the carrier for that
required professional qualifications and description of the system of ensuring
B) a list of designated technical equipment used for the operation
rail transport, including proof of their operation,
C) a list of operated railway locomotives and hauled
list of types of rail vehicles including proof of their technical competence,
D) internal regulations for the operation of rail transport, operation
rail vehicles, operation of specified technical equipment, a
requirements for the competence and skills of persons ensuring
rail transport operation and the method of its verification system, including
periodic training
E) draft mode and extent of services to be operated
F) proof of payment of the fee.
(3) Certificate carrier proves that the carrier
A) has an internal organizational structure and management system to ensure
rail transport, and has a safety management system operating
rail transport, which is a set of organizational and technological
measures for the safe operation of rail transport | ||
B) satisfies the conditions of professional competence of persons ensuring the operation
rail transport
C) satisfies the conditions laid down in this Act for operating rail vehicles and designated
technical equipment
D) issued internal regulations for the operation of rail transport, operation
rail vehicles, operation of specified technical equipment, a
requirements for professional competence and skills of persons ensuring
rail transport operation and method of their verification, including
system of periodic training.
(4) A certificate form a carrier
A) a part certifying the measures taken by the carrier to meet the requirements
referred to in paragraph 3. a)
B) a part certifying the measures taken by the carrier to meet the requirements
referred to in paragraph 3. b) to d).
(5) A carrier who holds a safety certificate issued by the authority
another Member State of the European Union ^ 6g), demonstrates
Rail Administrative Office of the conditions for granting the safety certificate referred to in paragraph 3
point. b) to d). Rail Administrative Authority in this case, carriers
issue only the certificate referred to in Subsection 4. b).
(6) The carrier shall notify the Rail Administrative Authority of changes in the data that
submitted when applying for a certificate and submit a
documents within 30 days of changes. According to the nature of the changes, the railway
administrative authority decides to amend the certificate carrier.
(7) If the Rail Administrative Authority finds that a carrier ceases to satisfy the conditions
safety of operation of rail transport, or within 1 year after certification
not provide rail transport withdraws
carrier certificate issued, or a portion thereof. If the Rail Administrative Authority
withdraw the certificate referred to in Subsection 4. b) inform
immediately withdraw the authority that issued the certificate referred to in paragraph 4
point. a) if it is not alone.
(8) Issuance, amendment and withdrawal of the certificate shall be notified
Rail Administrative Authority within one month from the decision of the European Railway
Agency-6a).
(9) A sample application for a certificate and a specimen certificate
carrier in the implementing legislation.
§ 34i
(1) A license to operate rail transport on a cableway installation.
Rail transport operation on a cableway may be operated by a legal or natural person
on an official permit for operating the rail.
Extradition request an official permit and the decision for an official permit must
also contain data relating to the rail transport akin to the
required when deciding on the license.
(2) If a carrier license to operate rail transport on
a track, it entitles the license to operate rail transport
also contact each other railroads under the terms of the license and
the contract concluded with the connection pipe is mouthed track.
§ 34j
(1) At the request of the Ministry of Transport, the region or the carrier on the transport route
operates passenger rail transport under contract for
public passenger transport services, or the person who provided notification under
§ 34d paragraph. 3, the rail administrative Authority decides whether
train route, which is or should be allocated cross-border rail passenger transport
according to § 24 paragraph. 4. the Ministry of transport and counties across the
territory, the route leads a train cross-border rail passenger transport in
management authorities concerned in accordance with the administrative procedure Code, if the application did not
under the first sentence. Decisions Rail Administrative Authority also notify the concerned authorities and
allotment.
(2) In assessing the overriding purpose of the transport account the Rail Administrative Authority especially
A) the length of the train route in the Czech Republic in comparison with the total length of the route
train
B) the number of stops on the train journey to the Czech Republic in
compared with the total number of stations and stops on the train journey and
C) the expected number of passengers who could use the train on the route
in the Czech Republic, compared with the expected number
passengers who could be used to train its entire route, with regard to
transportation importance of stations, the size of settlements, in which they are located, and
their catchment area.
Obligations of the carrier
§ 35
(1) The carrier shall
A) operate the rail transport according to the rules of operation of rail transport
valid license and contract concluded with infrastructure for the operation
rail transport on the runway
B) give the date of commencement of operation of rail transport
internal regulation on the competence and qualification of persons providing operation of the rail transport
and method of their verification, including a system of regular training,
issuing and withdrawing certificates and driver changes
data therein mentioned, and it is still valid driver,
C) issue on the date of commencement of operation of rail transport
internal regulation on the organization of maintenance of railway vehicles,
D) in rail transport using rail vehicles and designated
technical equipment with a valid certificate of competence and technical
condition that is approved eligibility
E) ensure that the rail vehicles on tramway, trolleybus, special
, rope and siding governed by people who have a valid certificate
fitness to drive rail vehicle
F) to ensure that the rail transport carried out by people who are disabled and
qualified,
G) adhere in rail transport operator's instructions tracks
issued in the process of organizing the rail transport
H) ensure that the rail vehicle on the state and regional follow
persons having a valid driver's license and a valid certificate
driver.
(2) The carrier, which operates the rail transport on a nation-wide or regional railroad
who holds a valid license is also obliged
A) financially ensure proper operation of rail transport throughout
validity of the license,
B) provide the Rail Administrative Authority for every calendar year
no later than 30 June of the following documents proving the continuing financial
eligibility for the proper operation of railway transport
C) at the request of the Rail Administrative Authority, the information needed to verify the duration
financial fitness for rail transport
D) the date of commencement of rail transport to arrange liability insurance for
Damage from the operation of rail transport and to pay premiums and throughout
operation of rail transport have agreed that insurance premiums paid
,
E) at the request of the Rail Administrative Authority, the information needed to verify the duration
liability insurance for damages from the operation of rail transport
,
F) introduce a system ensuring the safety of rail transport and to ensure its compliance
,
G) by 30 June each year the Rail Administrative Authority
annual report on the safety of rail transport operation for the past
calendar year.
(3) The carrier that operates a public rail passenger service on track
national or regional railroad is also obliged to publish
30 June each year a report on the quality of services provided for the previous calendar year
^ 6h) and this report provide
European railway Agency.
(4) The rules of operation of rail transport elements of providing security
rail transport operation according to the type and extent
activities performed and the content of the annual report on safety provides
implementing regulation.
§ 36
Each carrier that operates a public rail transport, in addition
obligations specified in § 35, to
A) operate public rail passenger or freight by
timetable and tariff and pre-renowned
contractual transport conditions in the Transport and Tariff Bulletin,
B) in the public passenger transport each person who has concluded
transport contract and accept to transport luggage, subject
transport conditions and transport not hindered by circumstances which the carrier could not
averted | ||
C) in the public rail freight to transport things, if it can be done
transporting carrier and equipment meeting standard
transport needs,
D) upon request, to enter into a contract of carriage also for a section of national or
regional railroad operated by another carrier;
this provision shall apply to carriers who operate public rail transport on
national or regional railroad
E) create in the public passenger transport conditions for the transport of persons
with limited mobility and parents with children
F) public passenger transport, pre-medical first aid in case
accident
G) provide an alternative transport for interrupted public passenger rail transport
due to accident or operational reasons, for which you can not finish
carriage rolling stock, which was started filling
transportation contract
H) designate individual rail vehicles or their sets designed for the transport of persons
except cableways, tramway and
special name of the station (bus) and rail vehicles
wheelchair accessible for passengers with reduced mobility
movement and orientation of the international symbol of accessibility, with tramway and trolleybus systems,
number or other designation of the line, the names
stops legible even in the darkness, the registered number of the vehicle on the front and rear of the vehicle
.
§ 36a
To 3 December 2019 on the operation of the national public rail passenger transport
Art. 8, 10, 17, Art. 18 Sec. 2 point. a) b) and Article. 18
paragraph. 3 Regulation of the European Parliament and of the Council (EC) of 23 October 2007 on
rights and obligations of rail passengers, further
Art. 7, paragraph. 2 point. b) Art. 17 Sec. 2 point. b) Art. 24 paragraph. 3 point.
B) and Art. 32 of Annex no. 1 and Annex no. 2 to this Order apply.
§ 37
Transport rules
(1) The conditions under which the passengers and their luggage in
public passenger transport, and things in the public rail transport
provides transportation orders.
(2) Rules of carriage for the carriage of passengers and their luggage in public
passenger rail shall in particular
A) the creation, content and termination of the contract of carriage way of proving
its inception, including the arrangement of relations between carrier and passenger,
B) travel document requirements for the carriage of passengers, payment
fare and assessing the validity of travel documents,
C) the particulars of the transport document for the carriage of baggage, the method of paying the carriage
,
D) the right to occupy seats in a rail vehicle and conditions for
provision of reservation and accommodation in trains,
E) conditions for the transport of children and passengers with reduced mobility and orientation
,
F) the method of refunding the fare and carriage in the carriage of passengers, their luggage
, including live animals
G) the extent and conditions of carriage of hand luggage and luggage
and their species
H) the conditions and manner of use of the media, security and information equipment
passengers on a track and rail vehicles,
I) matters excluded from carriage of luggage,
J) special baggage allowances, which are dangerous
things quickly perishable things, live animals, wheelchairs, baby strollers
, bicycles, cars,
A) the scope of the claims against the railway passenger transport contract for the transport of persons and
contract of carriage of luggage and the way
their application,
L) the relationship between carriers in the public rail transport in fulfilling one
transport contract.
(3) The transport order to transport things in the public rail transport
shall in particular
A) the creation, content and termination of the contract of carriage including the arrangement of relations between
carrier and shipper or consignee in the making, performance and
termination of the contract of carriage
B) the particulars of the transport document for the carriage of goods, payment
carriage,
C) objects excluded from carriage,
D) conditions for the transport of dangerous goods, deceased persons
easily perishable goods, live animals, waste
rolling stock on its own wheels, things of extraordinary dimensions, unusual mass or special nature
, || |
E) conditions for the establishment, powers and become proficient
safety adviser for the transport of dangerous goods
F) the method of taking over by the carrier and its delivery to the consignee,
G) the carrier's liability for damage to the consignment and other damage,
H) the scope of the claimed sender or recipient against the carrier and the method of their application
,
I) the relationship between carriers and freight rail transport in fulfilling one
transport contract.
(4) The conductor rail vehicle, the person driving a rail vehicle or
other person in the public passenger transport and charge carrier
equipped with a control badge or card carrier (hereinafter "authorized person
" ) is entitled to give passengers instructions and orders to ensure
their safety, the safety of other passengers and
safety and traffic fluidity. The authorized person is entitled
A) refuse to transport a passenger who was requested by the authorized person
not produce a valid travel document and to comply with the obligation to pay the fare and surcharge
,
B) refuse to transport a passenger or a passenger store
payment of premiums if the warning does not comply with transport regulations, instructions and orders
authorized person pollutes rail vehicle or if their behavior
cancels peaceful carriage of passengers or others otherwise harassing passengers
; exclusion of transport must not be compromised health and safety
passenger
C) not to admit or exclude from the transport carriage of the passenger or luggage
animal carried along with him if the obstacle
safe carriage of passengers or endanger the health of passengers or
if their carriage transport conditions do not permit,
D) impose a passenger who failed to show a valid ticket
fare and surcharge to the fare or require the passenger
personal information needed to enforce the fare and surcharge to the fare if
passengers do not pay on the spot ; personal data necessary to enforce
fares and surcharges to fare means the name, surname, date and place of birth and
address for service ^ 6i).
(5) Passengers are required when entering the rail vehicle, stay in it
and when exiting the rail vehicle to behave so as not to threaten their
safety, the safety of others, safety and continuity of railway
transport and ensure adequate care by the nature of rail transport.
Passenger shall
A) follow the instructions and orders of the authorized person, which aim to provide
safety and continuity of railway transport, the safety or the safety of other passengers
,
B) requested by the authorized persons with valid travel document;
Unless proven valid ticket for reasons on their side,
Pay the fare from departure to destination or, if no
safely ascertain the station where passengers boarded the train station of departure and
surcharge to the fare, or if the passenger does not pay on the spot to prove
personal document and disclose personal information needed to enforce
fares and surcharges to fare [paragraph 4 point. d)]
C) requested by the authorized person to pay the surcharge for not adhering
transport regulations.
D) requested by the authorized person, to follow to appropriate public
Administration to establish an identity, or requested by the authorized person to remain on
appropriate location until the arrival of the person authorized to identify
passenger and nesplní- If the obligations referred to in point b).
(6) The amount of the mark-down in the carrier transport conditions.
The amount of the surcharge may not exceed the amount of CZK 1,500.
Surcharge for breach of conditions laid down by the Rules of carriage shall not exceed CZK 1,000.
(7) The Government shall issue a regulation transport regulations for public rail freight transportation
. The Ministry of Transport issued a decree transportation regulations for public
rail passenger transport. Details conditions of carriage may be
specified in the contractual conditions of carriage.
(8) breach of obligations of the passenger in accordance with paragraph 5, which threaten
designated person is an offense under a special law. ^ 6i)
§ 38
Limitation and cessation of the public rail transport
(1) Rail traffic may be temporarily restricted or halted. About
temporary restriction or cessation of the rail transport decision based on the request
Rail Administrative Authority if the applicant, in whose interest
cause temporary restriction or cessation of transport
proves the legitimacy of their application. Rail Administrative Authority shall discuss
A) the owner of the track
B) with infrastructure,
C) with the region, in whose jurisdiction the rail transport
be temporarily restricted or stopped providing transport services; Region
discuss their views with the affected municipalities,
D) of the rail transport, unless it was submitted the application for
temporary restriction or cessation of the rail transport.
(2) The carrier is obliged to temporary restriction or cessation of the public rail transport
publish at least 14 days before the beginning of the restriction or cessation
rail transport.
(3) The Rail Administrative Authority may decide on the temporary restriction of traffic on
necessary for reasons
A) the public interest in other special railroad transport,
B) the safety of rail transport,
C) accumulation of goods on track with the exception of any siding, caused
railway operator or another carrier.
(4) An appeal against the decision of the Rail Administrative Authority's transitional
restriction of the transport does not have suspensive effect.
(5) The Rail Administrative Authority may decide to stop the rail transport
unless the interested carriers to operate rail transport and ceased to exist
transport needs on the track.
(6) The carrier is obliged to temporarily restrict or stop the rail transport
to a measure issued by the administrative authorities entitled to take decisions in
veterinary, phytosanitary, sanitary services, waste
holding or under an international treaty, which
Czech Republic is bound and which was promulgated in the Official Gazette.
(7) The carrier is entitled to temporarily restrict or stop the rail transport reasons
A) impassability of the rail due to a natural disaster, accident or
reconstruction of the runway
B) unforeseen interference with the operability track
C) accumulation of goods on a siding caused by operator
siding or another carrier.
Carrier on a tramway or trolleybus is obliged to notify within 3 days
Rail Administrative Authority restriction or interruption of traffic, provided the discontinuation
transport is longer than 7 days.
§ 39
Canceled
§ 39a
Canceled
§ 39b
Canceled
§ 39c
Canceled
§ 39d
Canceled Timetable
§ 40
Timetable for national and regional railways
(1) The timetable of public passenger transport on the national and regional processes
railway operator, according
capacity allocated to applicants by setting specific time slots for trains.
Timetable The railway undertaking in coordination with driving
regulations in road transport. Draft timetable must be drawn
later than 2 months after the deadline for submission of applications for the allocation of railway infrastructure capacity
(§ 34d paragraph. 2).
(2) The rail system operator shall review the proposed timetable and the proposed changes
timetable with the Ministry of Transport, the county and carriers to track the
period of at least 120 days before the set validity timetable, negotiations
If the new timetable, and at least 15 days before
set validity if it is a change to the timetable.
(3) Data from the valid timetable processed following the discussion draft
timetable with the Ministry of Transport with the county and carriers to track operator
transmit path to the agreed extent free of charge to
nationwide information system on timetables. ^ 7e)
§ 41
Timetable on tramway, trolleybus, special rope
(1) The carrier, which is in accordance with a valid license to operate public rail
passenger transport on a tramway or trolleybus system or on special
track, and the carrier, which has an official permit for operating public rail
passengers on a cableway submit
before the opening of the rail transport timetable for approval
rail administrative Authority. Competent for the approval of the timetable
Rail Administrative Authority, which decides on the granting of licenses.
(2) The approval of timetables is not subject to general regulations on administrative proceedings
.
(3) approved the timetable forward Rail Administrative Authority
Ministry of Transport, which leads to the needs of the public nationwide information system on timetables
.
§ 42
Validity timetable
(1) The timetable of the national and regional railroad and its amendments
come into force on the date stipulated in the agreement
European railway administrations.
(2) The timetable change its tramway and trolleybus,
special tracks and cableways take effect sooner than 24 hours after its publication
.
(3) processing method, content and publication of the timetable and changes
implementing act.
PART FIVE
RAIL VEHICLES AND SPECIFIED TECHNICAL EQUIPMENT
CHAPTER ONE
RAIL VEHICLE
§ 43
(1) A rail can operate the rail vehicle
its construction and technical condition complies with the safety requirements regarding rail transport
servicing personnel, passengers and goods, and its technical capability
been proven to conform to the approved type.
Driving rail vehicles, rail vehicles towed with a speed of 160 km / h on tracks
rail, rail vehicles on tramway, trolley and cable
must be equipped, besides the proved conformity with the approved type
yet certified rail administration authority. Based on this verification issue
Rail Administrative Authority certificate of vehicle;
It does not apply to vehicles mentioned in § 43b paragraph. 1. A method of and conditions for approving
technical competence in the implementing legislation.
(2) Compliance with the approved type shows producer type certificate for each vehicle
.
(3) The approval of the rail vehicle Rail Administrative Authority shall decide on the request
domestic or foreign manufacturer or another person
who demonstrates legal interest in the approval of the rail vehicle. If it was
application filed simultaneously in several European Union member states,
Rail Administrative Authority collaborates with the competent authorities of the Member States
.
(4) The Rail Administrative Authority shall approve the rail vehicle type are met
technical specifications of the rail vehicle laid implementing
law or international treaty by which the Czech Republic is bound and
which was promulgated in the laws or Collection of international Treaties
. The basis for the decision of the Rail Administrative Authority is
certificate of conformity issued by an authorized person under a special legal regulation
^ 7 g), it forms a rail vehicle subsystem
European railway system. In other cases, the basis for the decision of the Rail Administrative Authority
result of the rail vehicle test ensured by the manufacturer
rail vehicle or another person that proves legal interest
Approval of rail vehicle, at their own expense for a legal entity
authorized by the Ministry of Transport.
(5) The Rail Administrative Authority issues a license for rail vehicle
which meets the technical specifications for interoperability in force at the time of
vehicles on the basis of the certificate of conformity which
authorized person confirms the fulfillment of all requirements
structural subsystems of a vehicle.
(6) If the rail vehicle for the EC declaration of verification
subsystem Rail Administrative Authority issues a certificate under
verify that the rail vehicle meets the conditions
A) technical interoperability between the subsystems of the vehicle
B) technical interoperability vehicles and tracks,
C) safe integration of the subsystems of the vehicle into the rail system and
D) technical specifications not included in the technical specifications for interoperability
concerning technical interoperability and vehicles
concrete runway.
(7) modification of a vehicle, an intervention into the construction
vehicle and entailing a deviation from the approved type
approved by the Rail Administrative Authority pursuant to the terms stipulated by regulation.
(8) A final decision on the approval and changes to a rail vehicle
Announces Rail Administrative Office of the European Railway Agency.
(9) A rail can operate the rail vehicles for unapproved purposes
trial running and in testing needed for approval or changes
type, not only for the time necessary for this purpose, provided that || | technical condition of vehicles and the method of running tests
not endanger the safe operation of the railway and rail transport.
Conditions for the implementation of pilot operation and management of rail vehicle in each case determined
Rail Administrative Authority.
§ 43a
(1) A rail can be operated rail vehicle which emits gaseous
pollutants and particulate pollutants from internal combustion engines
meet the stated requirements. Technical competence
engine in terms of emission levels of gaseous pollutants and particulate pollutants is
demonstrates conformity with the approved type.
(2) Compliance with the approved type proved by the manufacturer by marking on each motor
.
(3) The approval of an engine designed for use in rail vehicle
decides Rail Administrative Authority upon request
domestic or foreign manufacturer or another person that proves legal interest in the approval
engine.
(4) The Rail Administrative Authority approves the motor type designed for use in
rail vehicle, if the requirements for permissible emissions of gaseous
pollutants and particulate pollutants and issue a certificate of approval
engine. The basis for the decision of the Rail Administrative Authority
test result is the engine that ensures the engine manufacturer or
another person that proves legal interest in the approval of an engine
his own expense for a legal entity authorized by the Ministry of Transport.
(5) The implementing regulation lays down the specimen application for approval
engine and attached documents, requirements for permissible emissions
gaseous pollutants and particulate pollutants, a model of the engine
approval procedure the test engine, engine
labeling requirements specified by the manufacturer, as well as other details of the type approval of motor
.
§ 43b
(1) The rail vehicle whose technical competence has been approved in
EU Member State and which meets all the conditions
technical specifications for interoperability, can operate in the Czech Republic
without a license on the tracks, included in the
European rail system that are connectable by
technical specifications for interoperability and under the conditions specified therein.
(2) The rail vehicle whose technical competence has been approved in another
EU Member State and which fulfills the conditions of § 43 paragraph
. 6 or paragraph 1, can operate on the nationwide or regional
based decision approving the rail vehicle type or
based on the issuance of a railway vehicle that will issue
Rail Administrative Authority after examination and verification of the technical documentation
the rail vehicle or type of vehicle.
(3) An application for approval of a rail vehicle or issuance
rail vehicle worthiness pursuant to paragraph 2 attaches applicant
A) proof of the approval of the technical worthiness of the rail vehicle in another
EU Member State and a record
technical adjustments made after approval,
B) technical vehicle data recording operation and maintenance, in the case of
vehicle which has not been issued by the EC declaration of verification of the subsystem
C) a copy of the technical documentation accompanying the EC declaration of verification
subsystem of the vehicle if it is a vehicle which was issued
EC declaration of verification subsystem
D) evidence on technical and operational characteristics that shows that
rail vehicle is compatible with the signaling system, overhead
leadership, track gauge, gauges, maximum permitted
axle load and other limitations of the national and regional
E) the proposed conditions of use of rail vehicle in operation.
(4) The Rail Administrative Authority may require the conduct of the trial operation
rail vehicle to verify compliance with the requirements of operating properties
pursuant to paragraph 3. d); In this case, define its content and scope
. Trial operation of a rail vehicle provided by the applicant on his
expense of the legal entity authorized by the Ministry of Transport.
(5) In the case of a rail vehicle according to paragraph 2, which meets all the conditions
technical specifications for interoperability, the Rail Administrative Authority assesses only
A) fulfill the conditions of technical interoperability vehicles and tracks,
B) meet technical and operational requirements for the construction of a rail vehicle
not included in the technical specifications for interoperability,
concerning technical interoperability of vehicles and concrete pathways
C) whether any part of the railway system does not operate this
vehicle.
(6) The decision approving the rail vehicle type or
decision on the issuance of a rail vehicle may be in response to
documents pursuant to paragraph 3. d) and the results of the testing operation,
conditions of use of rail vehicle in operation.
(7) Overview of technical operational requirements for the construction
rail vehicle not included in the technical specifications for interoperability
, considered the rail administration authority pursuant to paragraph 5,
in the implementing legislation.
§ 44
(1) The rail vehicles in service, as specified by implementing regulation, subject
regular technical inspections to verify the technical condition
rail vehicle. The method and conditions for the implementation of roadworthiness testing
rail vehicle in the implementing legislation.
(2) If the Rail Administrative Authority, the rail vehicle in operation in
technical condition that does not guarantee the safety of rail transport or not
properties approved or does not have a valid license or not at
it is a regular technical inspections by the implementing regulation
decide on incapacity rail vehicle.
(3) for a rail vehicle approved for use on the nationwide or regional
assign Rail Administrative Authority at the request of the vehicle owner
alphanumeric identification code. This code must be marked on the vehicle and loaded with
vehicle data to the register of rolling stock (§ 49d).
CHAPTER TWO
FITNESS FOR DRIVING RAIL VEHICLES
Part 1
Rail vehicle driving on tramway, trolleybus, special, rope and siding
§ 45
(1) to drive a rail vehicle on a tramway, trolleybus, special
rope and siding can only people with a valid certificate of eligibility to
rail vehicle driving.
(2) driving license to be issued rail vehicle Rail Administrative Authority
applicant who has demonstrated professional competence examination.
Test may be subjected to an applicant who
) Reached the prescribed age and education
B) is reliable for driving a rail vehicle (§ 46)
C) prove his medical fitness,
D) the prescribed education and training.
(3) conditions of health fitness, age and education necessary
range of expertise, the method of instruction and training and the method of implementation
tests in the implementing legislation.
(4) The Rail Administrative Authority shall order a check of professional and health
fitness of persons for driving a rail vehicle in the event that the procedure
rail vehicle exhibit shortcomings that can compromise security
Rail transport. According to the result of the check, the Rail Administrative Authority
decision to restrict rail vehicle or prohibit management
rail vehicle. In the case of a decision to ban rail vehicle driving
Rail Administrative Authority withdraws the person driving license Rail
vehicle.
(5) The Rail Administrative Authority shall order a check of professional and health
fitness of persons for driving a rail vehicle if it has reasonable doubts about
medical or professional competence of such persons. In these cases
Rail Administrative Authority shall suspend the driving license of a rail vehicle
until the grounds for detention no longer exist license.
(6) No license may drive a rail vehicle when
driving training or an examination in rail vehicle.
When operating a rail vehicle for unapproved purposes
trial running and in testing for type approval or type change may
rail vehicle driven by a person without a vendor license only under the supervision of a person
carrier, which is responsible for maintaining
all principles for the safety of railway transport.
(7) Maximum time management of rail vehicle, for safety
breaks and rest periods for persons driving a rail vehicle provides for
individual rail vehicle types by implementing regulation.
§ 46
Reliable for driving a rail vehicle is one
A) who has been convicted of an offense whose merits
related to the management of rail vehicle or another criminal offense committed intentionally
, provided that the driving rail vehicle and an applicant's fear
that would commit the same or similar offense while driving
rail vehicle
B) whom the court sentenced to disqualification from driving
rail vehicle.
§ 46a
In order to determine whether the applicant meets the requirement of reliability according to §
46, the Rail Administrative Authority will require a special legal regulation
^ 5b) an extract from the criminal records. The request for an extract from the Criminal
a criminal record check
be transmitted in electronic form in a manner enabling remote access.
Part 2
Rail vehicle driving on the state and regional
§ 46b
(1) to drive a rail vehicle on national and regional railways can only
person with a valid driver's license and a valid certificate
driver.
(2) driver's license granted authority of another Member State of the European Union
valid in the Czech Republic, unless the license holder
younger than 20 years.
(3) The certificate is valid driver on the track or in part for the kinds
rail vehicles and their method of use which are listed therein.
(4) A person without a valid driver's certificate may drive a rail vehicle
on national and regional railways only under the supervision of a person
who holds a valid driver's certificate for a given path
or in part, if || |
A) disturbance of rail transport or maintenance of the track requires
diversion of rail transport, which provides railway operator,
B) it is a one-off ride the historic train
C) it is an exceptional one-off ride a freight train
D) of the delivery or testing or demonstration of a new type of train or locomotive
or
E) in terms of driving training or an examination in rail vehicle driving.
(5) Ride the rail vehicle driven by a person without a valid certificate
driver must give advance notice to the carrier rail operator.
In the cases I referred to in Subsection 4. b) to e), this must be done
notification at least 24 hours before driving. With an exceptional one-off ride
freight train railway operator must give its consent.
(6) A person without a valid driver's license may drive a rail vehicle
on the nationwide or regional only under the supervision of a person who is
held a valid driver for the runway or its
part, type of vehicle and how you use it, and only if
driving training or examination in rail vehicle driving.
Section 1
Driver's license
§ 46c
Obtaining a license
(1) driver license issued Rail Administrative Authority at the request of a natural
person who
A) has reached 20 years of age and provided education
B) is reliable for driving a rail vehicle according to § 46
C) is physically and mentally physically fit to drive rail vehicle
D) showed general professional competence for driving a rail
vehicles and for the performance of the driver and the
E) the Rail Administrative Authority paid an administrative fee.
(2) The period of validity of the license of the driver is 10 years.
(3) The implementing regulation lays down the minimum level of attainment
education.
§ 46d
Medical fitness
(1) Medical fitness of an applicant demonstrates a medical report issued by a doctor
preventive care and judgment of traffic psychological examination
issued a psychologist.
(2) The implementing regulation lays down conditions for medical fitness
scope, content and manner of medical and psychological examinations
traffic for an advisory opinion, diseases, defects or conditions that prevent or
medical condition eligibility, evaluation
medical and contents of the medical report and traffic
psychological examination and validity.
§ 46e
General competence
(1) general professional competence demonstrated by the applicant
successful completion of an examination before a commission appointed by the rail administration authority.
Committee chairman must be an employee of the rail administrative authority.
(2) The result of the examination committee shall prepare a report that its Chairman
shall without undue delay Rail Administrative Authority and notify the results of tests
applicant.
(3) exam, demonstrating general professional competence may
applicant who has completed the training to obtain relevant knowledge, skills and practices
.
(4) Proof of general proficiency test is not required if the applicant
performed before applying for a license
driver activities of the driver for at least three years.
(5) The implementing legal regulation stipulates the scope and content
basic general knowledge, skills and techniques necessary to manage the rail vehicle
performance and driver performance, scope, content and method of implementation
testing, evaluation test results, formal and content requirements
protocol test result, the number of commission members
requirements for members of the commission and the scope and content of training.
§ 46f
Regular medical examination
(1) Licensee driver is obliged to undergo periodic medical examination
verifying that takes his state of health.
(2) The medical report forwarded doctor who carried out the survey, the license holder
and Rail Administrative Authority.
(3) The implementing legal regulation stipulates the scope, content and method of implementation
medical examinations for issuing an opinion, diseases, defects or conditions that
prevent or condition medical fitness, evaluation
medical content medical opinion and validity
and frequency of regular medical checkups.
§ 46 g
Duplicate licenses and exchange
(1) the loss, theft, damage or destruction of the driver's license
its holder shall promptly notify the Rail Administrative
office. Without undue delay after the announcement issued by the Rail Administrative Authority
driver with a certificate of loss, theft, damage or destruction
driver's license. Confirmation replaces lost, stolen, damaged or destroyed
driver's license and its validity is 30
days since its release.
(2) For lost, stolen, damaged or destroyed license
driver shall draw the driver upon written request
Rail Administrative Authority within 20 days from the date of submission of the application duplicate license.
(3) If a change of data in the driver's license, issued
Rail Administrative Authority the driver at the written request new license
driver. The applicant must demonstrate a change of data and charge an administrative fee
. The expiry date of the new license must match
expiry date of the license, which is being replaced.
(4) Licensee driver is obliged to accept new license
driver or a duplicate surrender Rail Administrative Authority
existing license or proof of loss, theft, damage or destruction
license of the driver if he was issued.
§ 46h
Revocation of driver license
(1) The Rail Administrative Authority shall withdraw the license of the driver to the person who
A) to meet the conditions of reliability for rail vehicle driving
according to § 46
B) no longer fulfills the condition of medical or
C) requested the withdrawal.
(2) If the Rail Administrative Authority is aware of the facts of very
reasonable doubts as to medical fitness, directs the licensee
driver to undergo a medical examination in
deadline, and if endanger the safety of railway transport
suspend a license pending a review.
(3) medical examination § 46d shall apply mutatis mutandis.
(4) An appeal against the decision under paragraph 2 does not have suspensive effect.
Section 2
Certificate driver
§ 46I
Certification of
(1) Certification driver carrier shall at the request of a natural person who
A) it is in the basic employment relationship with the carrier
B) holds a valid driver's license and
C) demonstrated special competence for
First management of a specific type of rail vehicle
Second Management at the designated paths or parts thereof and
Third the use of the Czech language to the extent necessary for the management of railway
vehicle in the Czech Republic.
(2) The period of validity of the driver's certificate provides
carrier in accordance with the internal regulation issued pursuant to § 35 para. 1 point. b).
(3) carrier in the driver's certificate defines runway or portion thereof
types of rail vehicles and their method of use for which the certificate is valid
.
§ 46j
Special professional competence
(1) Special competence demonstrated by the applicant
successful passing of theoretical and practical tests before a commission appointed
carrier in accordance with the internal regulations issued pursuant to § 35 para. 1 point. b).
At least one member of the commission shall be the basic employment relationship to
carriers.
(2) The carrier shall notify the Rail Administrative Authority
composition of the board and the place, date and time of the examination
least 5 working days before the event.
(3) Knowledge of the Czech language is not verified if the applicant's mother tongue
Czech language.
(4) exam, demonstrating special competence may
only applicant who has completed the training to become competent
knowledge, skills and practices.
(5) The implementing legal regulation stipulates the scope and content of detailed
knowledge, skills and practices referred to in paragraph 1, the scope, content and method of implementation
tests, evaluation of test results and the scope and content
training.
§ 46k
Periodic examination of special professional competence
(1) The holder of a driver is obliged to set deadlines
internal regulation issued pursuant to § 35 para. 1 point. b)
undergo periodic examination of special professional competence.
Deadline for regular examination shall not exceed three years.
(2) The regular examination of special professional competence certificate holder is
driver must undergo if more than one year
driver does not act on the designated runway or portion thereof.
(3) For the regular examination of special professional competence is valid §
46j accordingly.
§ 46 l
Certificate Revocation driver
(1) Carrier revoke driver's certificate to the person who
A) ceased to hold a valid driver's license,
B) no longer fulfills the conditions of special professional competence, or
C) requested the withdrawal.
(2) If the carrier is aware of the facts of very
reasonable doubt about a specific proficiency certificate holder
orders the driver to undergo a special examination of proficiency
deadline, and if endanger the safety of railway transport
suspend the certificate until the performance testing.
(3) For the examination of special professional competence is valid § 46j accordingly.
(4) An appeal against the decision under paragraph 2 does not have suspensive effect.
§ 46 meters
Expiry driver's certificate
(1) driver's certificate expires if
finished basic labor relationship between the holder and the carrier that issued the certificate
. The certificate holder shall immediately notify the completion of basic
Employment relationship Rail Administrative Authority and transmit the certificate
driver carrier, which is issued.
(2) Upon termination of the employment relationship passes basic carrier certificate holder
copy of the certificate and all supporting documents
completed training and passed exams.
§ 46n
Recognition of special professional competence
(1) Carrier issuing certificates driver acknowledges the request
special competence in a range of theoretical and practical exams
or periodic examination of special professional competence that
applicant has graduated with a previous employer, if
A) the completion of the test or the periodic examination relates to the subject
driver's certificate according to § 46I paragraph. 3,
B) the date of filing the application deadline expired for regular check
according to § 46k paragraph. 1
C) prior to the application, the applicant performed the operation on the driver
defined path or part without interruption or discontinuation
not exceed one year.
(2) Unless agreed with the employee qualification agreement, the carrier is obliged
after certification, driver pay
previous employer for which the certificate holder
passed theoretical and practical examination and regular examination of special professional | || eligibility proportion of the costs incurred by the employer for training
according to § 46j paragraph. 4, if
A) has recognized the special competence pursuant to paragraph 1
B) basic employment relationship with the previous employer was terminated
testimony employee or agreement.
(3) Costs according to paragraph 2 shall include the actual cost of
training necessary for passing theoretical and practical examinations or
last regular examination of the extent to which the test or examination
recognized. The relative proportion of costs shall be calculated as the difference between
deadline for regular examination, expressed in calendar
days, and the number of calendar days after that deadline continued working
relation to previous employers, by a deadline
regular examination, expressed in calendar days;
resulting value is multiplied by the total cost of the first sentence.
(4) The carrier shall within 1 month of the issue of driver
previous employer in writing to the certificate holder to justify
proportion of the costs referred to in paragraphs 2 and 3, if recognized
special professional competence pursuant to paragraph 1. Payment of the proportional part of the costs
previous employer, the carrier shall, within three months
receipt of all documents, unless they agree otherwise.
§ 46o
Training
(1) Training according to § 46e paragraph. 3 and § 46j paragraph. 4 can only provide
natural or legal person that has been granted accreditation to carry out this activity
rail administration authority.
(2) Accreditation is granted Rail Administrative Authority the legal entity or natural person
which demonstrates that
) Is the holder of a trade license,
B) has developed a plan to ensure the theoretical and practical part of the training
which determine the organization, scope and implementing training, including
control system,
C) theoretical and practical training will provide people with
sufficient qualifications and experience and driving training will provide
persons who hold a valid driver's license and driver's certificate
,
D) has the right to use office space and equipment necessary for
providing training,
E) shall ensure the provision of practical training for rail vehicles and
F) Rail Administrative Authority paid an administrative fee.
(3) A person who has been granted accreditation to provide training, is obliged
A) provide training according to the schedule created,
B) ensure the training of competent persons and
C) at all times operate its business the right to use
office space and equipment necessary for the provision of training and have
these facilities and equipment at all times available and
D) ensuring the provision of practical training
rail vehicles.
(4) The Rail Administrative Authority shall withdraw the accreditation to provide training to the person
who repeatedly or grossly breached its obligations under paragraph
third
(5) The Rail Administrative Authority shall publish in a manner allowing remote access
list of persons who granted the accreditation, and update it regularly.
Section 3
Supervision and registers
§ 46p
(1) If the Rail Administrative Authority finds that the licensee driver
issued by a competent authority of another Member State of the European Union ceased to meet
medical condition, ask the authority to review
medical license holder or
suspension of the license. If endanger the safety of rail transport, disables
Rail Administrative Authority holders of the driving licenses to drive rail vehicles
until such time as the competent authority under the first sentence shall communicate its decision
. An appeal against the ban on driving a rail vehicle does not have suspensive effect
.
(2) If the requested authority Rail Administrative Authority will consider the application and
within 28 days of its receipt, communicate its decision to the applicant
body, the European Commission and the competent authorities of the Member States of the European Union
.
(3) Unless otherwise agreed by the Rail Administrative Authority with the decision
authority of another EU Member State pursuant to paragraph 1
refer the matter to the European Commission. Rail vehicle driving ban imposed by paragraph 1
You can then extend to the decision of the European Commission.
(4) If the Rail Administrative Authority finds that the certificate holder
driver ceases to satisfy the requirement of special professional competence
ask the carrier or rail operator, which issued the certificate of
examination of special professional competence certificate holder or
a suspension of certificates. If endanger the safety of rail transport
disables Rail Administrative Authority certificate holder driver
drive rail vehicles up until his carrier or
path communicate its decision. An appeal against the ban on driving a rail vehicle
no suspensive effect. At the same time on the ban
notify the European Commission and the authorities which issue driving licenses to ensure
in other European Union countries.
(5) The procedure pursuant to paragraphs 1 and 4 shall notify the Rail Administrative Authority
without undue delay to the European Commission and the competent authorities of the Member States of the European Union
.
§ 46q
The carrier is obliged to carry out regular checks of drivers
Business has certified driver. If problems in the inspection result
doubts about the medical fitness of the driver
or, when temporary incapacity driver for more than 3 months
notify the carrier immediately notify the Rail Administrative
office.
§ 46r
(1) Evidence of data of individuals who have been issued
driver, is kept in a register of licenses, which is the information system of public administration
under other legislation.
Administrator NLR is a rail administrative authority. Rail Administrative Authority
regularly updates the information kept in the register.
(2) The carrier maintains and regularly updates the registration data of individuals
has certified driver, index certificates
of drivers, which is the information system of public administration
by another law.
(3) The data recorded in the registers referred to in paragraphs 1 and 2, data format,
access rights to the registers, the procedure for exchanging data retention period
data and procedures in the event of insolvency of the carrier establishes directly applicable || | prescription EU-5c).
CHAPTER THREE
SPECIFIED TECHNICAL EQUIPMENT
§ 47
(1) Technical equipment of pressure, gas, electric, lifting,
traffic, to protect against the effects of atmospheric and static electricity and
for protection against negative impacts of reverse traction currents, which serves to protect
operation tracks or rail transport or
ski lifts, the respective technical equipment, which is subject
supervision under this Act.
(2) Conditions for the design, manufacture and operation of specified technical
equipment and its specifications in the implementing legislation.
(3) before the specified equipment operation must be approved
its commissioning. Eligibility specified technical
approve the operational Rail Administrative Authority issuing license
eligibility.
(4) The Rail Administrative Authority issues a license
specified technical equipment based on technical inspections and tests that will ensure
manufacturer or another person that proves legal interest in the approval
specified equipment on their expense for legal persons
authorized by the Ministry of transport. If the specified technical equipment
same product set by a special regulation-7h)
is the basis for the decision of the Rail Administrative Authority certificate of conformity issued by
special legislation 7i).
(5) When operating a rail system and in rail transport
can be operated only specified technical equipment with a valid certificate of eligibility
.
§ 48
(1) specified technical equipment in operation shall be subject to periodic revisions,
inspections, and tests to verify their technical condition and
operational capability. Inspections, examinations and tests specified technical
equipment in operation can only be performed by individuals who have a valid
certificate of professional competence. Certificate of competence issued
Rail Administrative Authority. Range of expertise and
way of verifying such knowledge in the implementing legislation.
(2) If the Rail Administrative Authority, the specified technical equipment
has serious flaws that can not guarantee its safe operation, detain
certificate and decide on incapacity
specified technical equipment in operation.
(3) If the Rail Administrative Authority that the person performing
revisions, inspections and tests specified technical equipment shows
shortcomings in their activities that substantially affect
verification of technical competence and safety traffic destined
technical equipment, withdraw its certificate of professional competence.
CHAPTER FOUR
INCIDENT
§ 49
(1) An extraordinary event in the rail transport is a serious accident, accident or
danger in the rail transport that endangers or impairs safety, regularity and smoothness
operation of railway transport, the safety of persons and the safe operation of buildings
and equipment or endangers the environment.
(2) serious accidents in rail transport is a collision or derailment
rail vehicles, which occurred in connection with the operation of rail transport
, causing death or injury of 5 persons or damage to large
screen ^ 8). Accidents in rail transport is an event which occurred in
connection with the operation of railway transport resulting in death, injury to health or
considerable damage ^ 8). Other incidents are considered
risk.
(3) The operator and the railway undertaking are required
A) immediately notify any extraordinary event in the rail transport Railway
inspection and at the same time each serious accident and accidents in rail transport
Police of the Czech Republic,
B) provide at the incident and to document the condition
at the time of the incident
C) to secure the release of the track to resume the rail system operation or rail transport
, unless there are other circumstances, and the Railway Inspectorate has issued a
vacating the runway consent
D) identify the causes and circumstances of extraordinary events in the rail transport in the case
by the implementing legislation and make
measures for their prevention,
E) gaps identified during an extraordinary event,
their causes and harmful effects and on schedule
take measures designed to prevent the occurrence of extraordinary events.
PART SIX
Operational and technical interoperability European rail system
§ 49a
(1) The operational and technological interoperability (hereinafter referred to as "interoperability")
European rail system is its ability to allow the safe and uninterrupted movement
rail vehicle on the rail of the European rail system
.
(2) To ensure the interoperability of rail on the territory of the Czech Republic into the European
rail system must conform to these tracks set
technical specifications for interoperability and meet the basic requirements
design and operating conditions.
(3) Technical specifications for interoperability provides a common representative
body authorized by the Commission. ^ 8a) Technical specifications for interoperability
published by the Commission in the Official Journal of the European Union. 8a ^) ^ 8b)
(4) structural and operating subsystems of the European railway system
and basic requirements for the design and operating conditions are set
implementing legislation.
(5) Assessment of conformity or suitability for use of the individual components
connectivity subsystems of the European railway system is governed
special legislation. ^ 7f)
§ 49b
(1) The rail system and the rail system operator, which is or becomes
part of the European rail system is required to construct or modernize
track construction on the track when it is put into use, operation
and maintenance to ensure compliance with the essential requirements
structural and operational conditions and technical specifications for interoperability.
(2) The Rail Administrative Authority shall issue a certificate of occupancy for verification
eligibility to use the newly built or modernized railway tracks
, which will become part of the European rail system for
condition that the owner of the rail system or its operator shall submit
verification of the fulfillment of the basic requirements for the design and operating conditions, and
meet the technical specifications for interoperability (hereinafter "verification of conformity
"). Verification of conformity issued by a legal entity which is authorized
person authorized by the Office for Standards, Metrology and Testing
agreement with the Ministry of Transport under special
legislation. ^ 7f)
(3) The manufacturer of rail vehicles and the manufacturer specified technical equipment
are required to ensure that the construction and technical condition of rail vehicles
and specified technical equipment pathways that are or become part of the European
rail system
meet the basic requirements for the design and operating conditions and technical specifications for interoperability
. On approval of technical worthiness of the rail vehicle
specified equipment with the provisions of § 43, 44 and 47
this Act.
(4) The carrier is obliged to operate rail transport on the track, which is
or becomes part of the European rail system, only
railway vehicle that meets the basic requirements for the design and operating
conditions and technical specifications connectivity.
(5) The conditions for operating a rail vehicle, for which no
drawn up technical specifications for interoperability of rail systems, which are
part of the European railway system, acting at the request of the carrier
Rail Administrative Authority.
§ 49c
(1) Technical specifications for interoperability may be observed
A) the construction of a new rail system or the modernization of the track, which was
started prior to the publication of technical specifications for interoperability in
Official Journal of the European Union,
B) for new type approvals or modernization of the rail vehicle when
Rail Administrative Authority received an application for approval or upgrading
before the publication of technical specifications for interoperability in the Official Journal of the European Union
,
C) during the repair, expansion or modernization of the track if
compliance with the technical specification of interoperability could jeopardize the economic
implementation of the project or the compatibility of the rail system,
D) after the recovery path in connection with an accident or natural disaster, when
because of the interest in the rapid restoration of rail transport operation on track
not for economic or technical reasons
require compliance with technical specifications for interoperability, | ||
E) for rail vehicles traveling to and from countries whose track gauge is different from
gauge of European rail system
if it so decides on a proposal from the Commission of the Czech Republic.
(2) The Rail Administrative Authority shall notify the European Commission of cases of non
technical specifications for interoperability in the construction of a new runway or its
modernization under paragraph 1. a) or for new type approvals
or modernization of rail vehicle pursuant to paragraph 1. b).
(3) The Rail Administrative Authority shall inform the European Commission about the projects list
pursuant to paragraph 1. a) and b), which are at an advanced stage of development, to
one year of technical specifications for interoperability in force.
(4) If, during commissioning of the structural subsystems of the European railway system into operation
not met the technical specifications for interoperability,
Rail Administrative Authority shall notify the European Commission
A) the reason for non-application of technical specifications for interoperability,
B) technical and operational characteristics and structural design track
Rail vehicle,
C) the authorized person who assesses the fulfillment of the requirements for
structural subsystems.
§ 49d
(1) Rail Authority maintains a register of the individual components of the subsystems
newly constructed or modernized rail included in the European
rail system and a register of rolling stock owners of these vehicles
with headquarters or residence or place of business, if
different from residence in the Czech Republic and intended for operation on the nationwide and regional
. The manner of keeping registers and data specified therein lays down
implementing legislation.
(2) Data on the individual components of the subsystems of newly constructed or modernized rail
included in the European railway system provides
Rail Authority rail system operator within 15 days after the
subsystem components to use.
(3) Data on the vehicle, which is designed to run on the track
national or regional, gives the owner of a rail vehicle
Rail Authority within 15 days from the entry into service or, if there is a
change data entered in the register of rolling stock, within 15 days from the occurrence of the change
.
(4) Data from the register of railway vehicles and data from the registry part
subsystems provides the Rail Authority authorities of the Member States of the European Union
which maintains registers and registers of rolling stock components and subsystems
authorities of the Member States of the European Union carrying out surveys
causes of accidents in rail transport, in a manner allowing remote access
. Rail Authority on the basis of a reasoned request
provide the data kept in the register of railway vehicles European Railway Agency
infrastructure manager, carriers, and other persons listed in the registry.
§ 49e
(1) The Rail Authority exercising state supervision shall oversee the continuing
interoperability of the railway designated for integration into the European
rail system when it is put into use and periodically
once in three months, whether in its operation and maintenance
meet the structural and operational subsystems and their individual components
basic requirements for the design and operating conditions and technical specifications for interoperability
.
(2) The Rail Authority may ask the authority of the Commission to change the technical specifications for interoperability
. Request to change the technical specifications for interoperability must contain
A) identification of the author technical specifications for interoperability,
B) the number of technical specifications for interoperability,
C) a description of the factual problem and proposed solutions for change.
(3) If the Rail Authority, that part of the operational and technical interoperability
subsystem for which it was issued certificate of conformity or suitability
application does not meet the basic requirements for the design and operating conditions
decide imposing a protective measure to prevent further use
component of operational and technical interoperability of the subsystem and
ensure its withdrawal from the market. The same procedure if
notified body issued a certificate of conformity or manufacturer issued
EC declaration of conformity for a component of operational and technical interoperability
subsystem which does not meet compliance. Imposition of safeguard measures announced
Rail Authority Ministry of Industry and Trade. To save
protective measure and for its notification provides specific legal regulation
^ 8c).
(4) If the Rail Authority that a structural subsystem for which it was issued
verification of conformity or suitability for use, does not fully comply with
relevant technical specifications for interoperability and meet the essential requirements
the structural and operational conditions, decide to impose
protective measures to prevent further use of the structural
subsystem and perform further conformity assessment
authorized person. Decisions under the first sentence and the reasons
notify the Rail Authority without delay to the European Commission.
(5) As for the structural subsystem
not released the technical specifications for interoperability and it was decided on the exemption under § 49c
paragraph. 1 or operation of a structural subsystem requires compliance
technical requirements that are not part of the technical specifications for interoperability
compile the Rail Authority to operate
structural subsystem overview of the technical design requirements
rail vehicle and an overview of construction and technical conditions for operation
Track and provide the European Commission.
(6) Rail Authority shall publish an annual report on its activities during the calendar
year to 30 September of the following calendar year, forward it to the European Railway Agency
. The contents of the annual report shall be laid down
regulation.
PART SEVEN
ADMINISTRATIVE OFFENCES
§ 50
Offences
(1) A person who commits an offense that
A) enter into conflict with § 4a para. 1 on the track or tracks on the circuit
places that are not accessible to the public,
B) operates the rail safety zone activity in contravention of § 9. 1
C) violate or threaten the operation of railway tracks and railway transportation or damage
path components or parts of the rail vehicle
D) intentionally damaged railroad construction, construction on the track or other device
which is part of the structure, or deliberately disrupt the operation of the rail
device or the rail lines
E) contrary to § 22 paragraph. 4 ignores the perimeter of the track operator instructions
track
F) violates the transport terms for the carriage of dangerous goods
under § 37 par. 2 point. j) or § 37 par. 3 point. d) or
G) as a rail vehicle owner fails to provide information pursuant to § 49d paragraph. 3rd
(2) A natural person as the owner of the track commits an offense that
A) do not conflict with § 20 para. 1 maintenance and repair pathways in the range
necessary for its operability or not allow contact with other tracks
tracks or
B) do not conflict with § 21 para. 1 running track.
(3) A natural person as the owner of nation-wide or regional
also commits an offense that
A) fails to develop and modernize tracks according § 20 para. 2
B) offer, in contradiction with § 20 par. 3 of the runway, which is unable
ensure its operability state to purchase or
C) to allow the case specified in § 21 para. 1 running track
another authorized person.
(4) A natural person as a safety adviser for the transport of dangerous goods
commits an offense that
A) fails to prepare an annual report under subsection 1.8.3.3 of the Regulations for
International Carriage of Dangerous Goods by-8d) (the "Order") or
B) fails to report an accident under subsection 1.8.3.6 of the Order.
(5) An offense may be fined up
A) CZK 10 000, in the case of an offense under subsection 1. a), e) or g)
or paragraph 4
B) 1,000,000 CZK, in the case of an offense under subsection 1. b), c) or d
)
C) 10 million CZK in the case of an offense under subsection 1. f)
paragraph 2 or paragraph 3.
Administrative offenses of legal entities and individuals
§ 51
(1) A legal or natural person commits an administrative offense
that
A) performs contrary to § 4a para. 1 circuit track activities that are
business,
B) as the owner of a network of technological equipment located in the circuit path
does not proceed in a crash this network by following the instructions railway operator
issued pursuant to § 5a. 3,
C) as the owner of a network of technological equipment located in the circuit path
or rail safety zone fails in the case provided for in § 5, paragraph
. 5 of its operation, maintenance and repairs so that it does not become the cause
threat to life, health or property of persons
D) operates the rail safety zone activity in contravention of § 9. 1
E) violate or threaten the operation of railway tracks and railway transportation or damage
path components or parts of the rail vehicle
F) damage build the railway, building on a track or other device that is
part of the structure, or disrupt the operation of railway equipment or
the rail lines
G) operates a rail in conflict with § 11 para. 1 without official authorization,
H) operates rail transport in conflict with § 24 para. 5 point. b) and paragraph. 6
point. a) without a valid license,
I) violates the transport terms for the carriage of dangerous goods
under § 37 par. 2 point. j) or § 37 par. 3 point. d) or
J) as the owner of a rail vehicle does not provide information pursuant to § 49d paragraph. 3rd
(2) A legal or natural person as the owner
path, commits an administrative offense by a
A) do not conflict with § 20 para. 1 maintenance and repair pathways in the range
necessary for its operability or not allow contact with other tracks
tracks or
B) do not conflict with § 21 para. 1 running track.
(3) A legal or natural person as the owner of the track
national or regional commits an administrative offense that
A) fails to develop and modernize tracks according § 20 para. 2
B) offer, in contradiction with § 20 par. 3 of the runway, which is unable
ensure its operability state to purchase or
C) to allow the case specified in § 21 para. 1 running track
another authorized person.
(4) A legal or natural person as a railway operator
commits an administrative offense that
A) notifies pursuant to § 17 para. 2 Rail Administrative Authority
changes relating to information and documents, which are set as requirements for application of
official authorization or which fails to submit documents
B) is not so informed according to § 18 par. 1 before submitting the proposal to repeal
official permit for operating the rail of this fact Rail Administration
office or railway owner,
C) operates a rail contrary to § 22 paragraph. 1 point. a)
D) failure to comply with § 22 paragraph. 1 point. c) to operate the rail system
carried out by persons who are professionally qualified,
E) publish in accordance with § 22 paragraph. 1 point. d)
timetables for public rail passenger service and their changes
F) does not indicate the names of the stations (stops), which operates according to § 22 paragraph. 1
point. e)
G) operates a designated technical device contrary to § 22 paragraph. 1 point.
F)
H) failure to comply with § 22 paragraph. 1 point. g)
carriers access to services provided in a manner that excludes any benefit from
carriers
I) restrict the operation of the rail system or its part in conflict with § 23b or 23c
J) is not so informed immediately Rail Administrative Authority, the owner of the track or
carrier of the facts mentioned in § 23b paragraph. 2, or
K) fails to provide information pursuant to § 49d paragraph. 2nd
(5) A legal or natural person as a railway operator
national or regional commits an administrative offense that
A) operates contrary to § 11 para. 1 lane without a safety certificate
rail operator,
B) fails to ensure financially according to § 22 paragraph. 2 point. a) the smooth operation
track
C) fails according to § 22 paragraph. 2 point. b) evidence of continuing financial
eligibility for the proper operation of rail
D) does not according to § 22 paragraph. 2 point. e) an annual report on the safety
operation of rail
E) to allow according to § 23 para. 1 point. a) operate the rail service to
runway
F) fails in the case set out in § 23 para. 1 point. b)
its transport route to another operator runway
G) does not allotment infrastructure capacity data on the nature and capacity
it operates Infrastructure according to § 23 para. 2 point. a)
H) unless pursuant to § 23 para. 2 point. b) the extent provided
transport services for the transport of persons and goods, or publish it in the Transportation and Tariff
Journal
I) notifies pursuant to § 23a paragraph. 4 Rail Administrative Authority of changes in data
which submits the request to issue a safety certificate
rail operator, or they do not submit the documents pursuant to § 23a paragraph.
2 ,
J) fails timetable according to § 40 para. 1, or it has been dealt with
Ministry of Transport, the county or carriers on the track according to § 40 paragraph
. 2
K) does not pass under § 40 par. 3 data from the current timetable to
nationwide information system on timetables, or
L) used contrary to § 62 paragraph. 4 funds to operate
path provided from public funds for other purposes.
(6) A legal or natural person as a railway operator or carrier
commits an administrative offense that
A) fails to notify the occurrence of an extraordinary event in the rail transport according to § 49 par. 3
point. a)
B) fails to comply with § 49 par. 3 point. b) the place of incident
or documentation does not state at the time of the incident
C) fails to ensure, in accordance with § 49 para. 3 point. c) release of the track to resume
running track or rail transport,
D) does not perform according to § 49 par. 3 point. d) identification of the causes and circumstances
of the incident or
E) does not according to § 49 par. 3 point. e) measures intended to prevent
of emergencies.
(7) An administrative offense shall be fined up
A) 1,000,000 CZK, for an administrative offense under paragraph 1. e) f)
Or j) paragraph 4 letter. a), b), e), f), j) or k) or paragraph 5
point. b), c), d), g), h), i), j), k) or l)
B) 10,000,000 CZK, for an administrative offense under paragraph 1. a)
b), c), d), g), h) or i), paragraphs 2, 3, paragraph 4 letter.
C), d), g), h) or i), paragraph 5. a), e) or f) or paragraph
6th
(8) for an administrative offense under paragraph 1. a), d), g), h) or i)
can also impose a ban on operations.
§ 51a
Canceled
§ 52
(1) A legal or natural person as a carrier commits an administrative offense
that
A) operates rail transport in conflict with § 24 para. 5 point. a)
B) notifies pursuant to § 32 par. 1 Rail Administrative Authority
changes relating to information and documents that are presented as requirements
application for a license, or they do not submit documents
C) operates a rail spur in conflict with § 35 para. 1 point. a)
D) is used in contravention of § 35 para. 1 point. d) to operate rail transport
rail vehicle or specified technical equipment without a valid license or
in technical condition that does not
approved fitness
E) fails to comply with § 35 para. 1 point. e) that the rail vehicle drove
person with a valid certificate of competence to drive a rail vehicle,
F) failure to comply with § 35 para. 1 point. f) that the rail transport
carried out by persons who are professionally qualified,
G) are not governed in rail transport operator's instructions tracks
accorded pursuant to § 35 para. 1 point. G).
H) failure to comply with § 46I paragraph. 1 certification
driver,
I) does not comply with § 46q regular checks of drivers
Business, has certified driver or
J) failure to comply with § 46r paragraph. 2 management and regular updating
register certificates of the drivers and the provision of information from this
register in accordance with applicable regulations of the European Union-5c).
(2) A legal or natural person as a carrier to track
national or regional commits an administrative offense that
A) operates contrary to § 24 para. 7 point. b) rail transport without a valid certificate
carrier
B) notifies pursuant to § 34h paragraph. 5 Rail Administrative Authority of changes in data
which submits the request for issuance of a certificate, or fails to submit them
documents
C) financial assurance pursuant to § 35 para. 2 point. a)
proper operation of rail transport
D) fails according to § 35 para. 2 point. b) Rail Administrative Authority
evidence of the continuing financial ability to properly operate rail
transport
E) does not arrange or do not pay according to § 35 para. 2 point. d)
insurance of liability for damage caused by operation of rail transport
F) failed according to § 35 para. 2 point. g) Rail Administrative Authority
annual report on the safety of operation of rail transport, or
G) provides written notification pursuant to § 34d paragraph. 3 Rail
allotment or administrative authority.
(3) A legal or natural person as a carrier in
public rail transport, commits an administrative offense that
A) fails to ensure, in accordance with § 36 point. f) first aid
in the event of a serious accident or incident,
B) fails to ensure, in the cases specified in § 36 point. g)
substitute transportation for interrupted public passenger rail transport
C) above does not rail vehicle or set of rail vehicles according to § 36
point. h)
D) restricts or stops the rail transport inconsistent with § 38 par. 7, or
E) make public the temporary restriction or cessation of the public rail transport
according to § 38 par. 2 or according to § 38 par. 7 notifies
Rail Administrative Authority.
(4) A legal or natural person as a carrier
providing transport services under the public service obligations
commits an administrative offense that is used contrary to § 62 paragraph. 4
financial resources provided from public funds to operate public
passenger rail transport for other purposes.
(5) A legal or natural person as a carrier
operating public rail passenger transport on a tramway,
trolleybus, special or cable commits an administrative offense if it fails
before the opening of the rail transport timetable for approval
Rail administrative Authority pursuant to § 41 paragraph. first
(6) A legal or natural person commits an administrative offense
that contrary to the directly applicable regulation of the European Union
^ 1) as
A) the carrier or ticket vendor fails to inform passengers on
station, where there is no canteen ticketing vending machine, a
options to purchase ticket by telephone, through the internet or
train and the nearest station or place which are available
dispensaries tickets or vending machines,
B) the carrier or the station does not impose discriminatory rules for access
valid for the transport of disabled persons and persons with
limited mobility,
C) carriers, ticket vendor, operator
travel agent or tour operator agency requests for reservations
or selling tickets to people with disabilities
or persons with reduced mobility cover additional
the cost, which is not required in similar cases
D) the carrier, the ticket vendor, operator
travel agent or tour operator agency
wrongly refused to accept reservations or issue a ticket
disabled person or person with reduced mobility or
wrongly claimed that these persons were accompanied by another person,
E) carrier, the ticket vendor, operator
travel agent or tour operator agency does not provide, upon request
information on the conditions of carriage of disabled persons or persons
with limited mobility and accessibility of rail || | vehicles and equipment for these persons
F) carrier, the ticket vendor, operator
travel agent or tour operator agency
not so informed, upon request in writing within 5 working days of the disabled person or
person with reduced mobility of the reasons,
why she refused to accept reservations, issue a ticket or why
requested that that person be accompanied by another person
G) the carrier or operator station inconsistent with the relevant technical specifications for interoperability
fails to ensure that the station,
platforms and trains, or other elements are accessible
disabled persons and persons with reduced mobility
and orientation
H) the carrier or operator station provides the busy station
disabled persons or persons with reduced mobility
assistance free of charge when boarding the train, disembarking from a train
or transfer between trains, || |
I) the carrier or operator station fails in an unattended station
simply putting accessible information regarding the nearest staffed stations and
available assistance for disabled persons or persons with
limited mobility,
J) of the carrier do not handle complaints within one month and in justified cases
within 3 months of their submission,
K) carrier does not define service quality standards for passenger and
not introduce a quality management system
L) carriers publish by 30 June each year a report on the quality of services provided
,
M) carrier, the ticket vendor, operator
travel agent or tour operator agency informs
when selling tickets to passengers about their rights and obligations arising from
directly applicable European Union-1a), or
N) the carrier or operator station informs the passengers in the station or on the train
appropriate way address the administrative authority referred to in paragraph 55 §
.
Third
(7) legal entity or a natural person as an allocator capacity
Infrastructure commits an administrative offense that
A) does not prepare or publish the network statement in accordance with § 34c paragraph.
1 and 2, or
B) allocate the railway infrastructure capacity in conflict with § 34e and 34f.
(8) A legal or natural person as a participant
transport of dangerous goods commits an administrative offense that
A) does not provide adequate training for staff involved in the
carriage of dangerous goods according to Chapter 1.3 of the Order
B) fails to fulfill the obligation in terms of security under Chapter 1.4 of the Order
C) fails to appoint a safety adviser for the transport of dangerous goods
under subsection 1.8.3.1 of the Order
D) fails to prepare a security plan does not provide employee training or
does not comply with the provisions of the security plan under Chapter 1.10 of the Order
E) used for the transport of dangerous goods other than prescribed packagings or
tankers or used other than prescribed in Part 4
Order,
F) does not indicate a dangerous thing under Section 5 of the Order
G) fails to attach the duly completed documents required for the transport of dangerous goods by
sections 5.1 and 5.4 of the Order
H) violates the requirements for the construction and testing of containers, large containers
bulk containers, large packagings or tanks under Section 6 of the Order, or
I) violates the conditions of carriage, loading, unloading and handling of dangerous goods
under Part 7 of the Regulations.
(9) A legal or natural person as a railway operator
dangerous goods in marshalling yards
commits an administrative offense by not ensuring the preparation of internal emergency plans
(section 1.11 of RR) for this transport under Subsection 1.4.3.6
Order.
(10) A legal or natural person as a carrier or
railway operator in the transport of dangerous goods commits an administrative offense
that fails to prepare an accident report under section 1.8.5 of RID.
(11) A legal or natural person as the sender when
carriage of dangerous goods commits an administrative offense by
when sending classify the dangerous goods by Part 2 of the Regulations.
(12) for an administrative offense shall be fined up
A) 1,000,000 CZK, for an administrative offense under paragraph 1. b)
paragraph 2. b), c), d), e), f) and g), para 3. a), b)
c) or e), paragraphs 4-7, paragraph 8 point. a) to c) and e) to i), or
paragraphs 9-11,
B) 10,000,000 CZK, for an administrative offense under paragraph 1. b)
c), d), e), f), g), h), i) or j), paragraph 2. a) paragraph 3
point. d) or paragraph 8 point. d).
(13) for an administrative offense pursuant to paragraph 2. a) or paragraphs 8 to 11
can impose a ban on operations.
§ 52a
Common provisions
(1) A legal person for an administrative delict if it proves that
made every effort that could be required to breach
legal obligations prevented.
(2) When assessing sanction a legal person takes into account the seriousness
administrative offense, especially the manner of its commission and its consequences
and the circumstances under which it was committed.
(3) The liability of a legal person for an administrative offense shall expire if a
competent authority shall not commence proceedings within two years from the day when it became
learned, but not later than four years from the date on which it was committed .
(4) The prohibition of activities can be a legal person for no more than three years. Do
ban period includes the period for which the perpetrator under the administrative authority
measures taken in the context of the discussion
administrative offense could not longer carry out this activity.
(5) The liability for conduct that occurred in the business of a natural person
^ 8e) or in direct connection therewith, shall be subject to the provisions of the Act
on liability and sanctions to legal persons.
(6) Administrative offenses under this Act in the first instance
Rail Administrative Authority except
A) administrative offenses pursuant to § 51 paragraph. 6, which discusses
Rail Safety Inspection, and
B) administrative delicts pursuant to § 52 paragraph. 6, if he commits an offense
tour operator or travel agency operator,
which discusses local trade office.
(7) offenses under § 50 par. 1 point. c) to f) may be discussed in
block management of the Police of the Czech Republic.
(8) Fines collected by the body that imposed them. Revenue from fines is income
budget from which the activity is covered by the authority which imposed the fine.
(9) The fine is payable within 30 days from the date the decision on its imposition
came into force.
PART EIGHT
STATE ADMINISTRATION AND STATE SUPERVISION
§ 53
(1) An administrative authority Rail Authority as a state authority to
based in Prague, which is subordinated to the Ministry of Transport.
(2) The head of the Rail Authority's director; his selection, appointment and removal
are governed by the Civil Service Act.
§ 53a
(1) The Rail Safety Inspection as an administrative body of the Ministry of Transport
. Rail Safety Inspection consists of the Central Inspectorate and territorial
Inspectorates. Seat and territorial jurisdiction of the territorial inspectorates down
Inspector General.
(2) The head of the Railway Inspectorate's Inspector General, who is appointed and dismissed by the Government
; his selection, appointment and removal is governed by the
civil service.
(3) The Rail Safety Inspection is a state organization based in Prague.
§ 53b
(1) The Rail Safety Inspection investigates the causes and circumstances of
serious accidents in rail traffic and accidents and danger set
implementing regulation. In doing so, identify gaps
endangering the safety of the rail system operation or rail transport, and their causes.
When investigating the causes and circumstances of extraordinary events
Rail Safety Inspection acts so that the rail operation and rail transport were
restored as soon as possible. Natural and legal persons affected by extraordinary events
authorized to request information on the initiation and conduct of investigations
incident and comment on its conclusions. Results
investigation of the causes and circumstances of incidents discuss the Rail Safety Inspection
with infrastructure and carrier involved in the extraordinary event as
Rail Authority and inform them about the natural and legal persons concerned
extraordinary event. Investigations under this paragraph does not replace
proceedings under special Act 8 g) and runs independently.
(2) If a serious accident in the rail transport, an accident or a threat
determined by the implementing legislation in the border zone of the runway and
not possible to determine whether the site is an extraordinary event in the Czech
Republic agreed with the railway Inspectorate with the inspection authority of the EC Member State
way to determine the causes and circumstances of extraordinary events
in rail transport.
(3) In determining the causes and circumstances of extraordinary events
inspectors Railway Inspectorate entitled
A) enter the location of extraordinary events, related to the space lanes and
into the rail vehicle involved in the incident
B) provide evidence related to the investigation of the causes and circumstances of extraordinary events
including outputs from recording devices
placed in a rail vehicle involved in the incident and
control the removal of debris, the rail vehicles and fixed installations
needed to ensure the safety and continuity of railway transport
for the purpose of examining
C) require immediate access to the results of examination of the remains of victims
serious accident or incident and the results of the investigation staff
carrier involved in the incident
D) require an explanation from the carrier's employees involved in the incident
and from other witnesses emergency
E) require the operator to track the carrier and the Rail Authority
additional information or records related to the investigation of causes and circumstances
emergencies.
(4) The Rail Safety Inspection shall stimulus Rail Administrative Authority to initiate proceedings
temporary restriction of traffic on the necessary time
when required to ensure the safe operation of the railway and rail transport
when an extraordinary event and after finding the causes and circumstances
according to the case file a motion for initiation of proceedings
A) to revoke the certification of the safety of the operator of the national and regional
(§ 23a)
B) to revoke the certification of the carrier (§ 34h)
C) the decision on unworthiness rail vehicle (§ 44)
D) the decision on unworthiness specified technical equipment
operation (§ 48).
(5) The Rail Safety Inspection shall notify the European Railway Agency within seven days
initiate an investigation of the causes and circumstances of extraordinary events
national and regional railways. The results of the investigation of causes and circumstances of extraordinary events
draw up a report which will provide
European Railway Agency, railway owner, infrastructure manager, carriers
Rail Authority and the competent authority of the Member State of the European Union, if
on the incident involved a carrier established in that Member State
. If the Railway Inspectorate on the basis of the results of the investigation
causes and circumstances of the incident in a report adopted
safety recommendations, the owner of the tracks, railway operator or
Carrier shall take measures to ensure the safe operation
track and rail transport and measures taken to notify the Rail Safety Inspection. Pattern
reports on the results of investigation of causes and circumstances of extraordinary events
in the implementing legislation.
(6) the Railway Inspectorate published by 30 September of the calendar year
annual report on the investigation of causes and circumstances of extraordinary events
for the previous calendar year. This report provides the European Railway Agency
.
§ 54
(1) State administration in matters of rail engaged in the rail administrations,
by the Ministry of Transport and the Rail Authority.
(2) The scope of railway administrations exercised to the extent specified in this Act
village also under delegated powers.
§ 55
(1) Rail Authority exercises the powers under this Act or under
special regulation barring matters decided upon
Transport Ministry or the municipality.
(2) Rail Authority exercises the powers of the supervisory authority under the provisions
special legal regulation over specified products-8h) and other products
^ 8i) intended for the rail operation and rail transport, which are part of the track
or rail vehicles, above the rolling stock, designated
technical equipment and over structural and operational subsystems
rail systems included in the European railway system.
(3) Rail Authority supervises compliance with obligations relating to compliance
rights of rail passengers under directly applicable EU regulations
^ 1) and deals with complaints of violation of these obligations
.
§ 56
Ministry of Transport:
A) decide on the inclusion of a railway in the category;
abolition of national or regional rail agreement with the Ministry of Defence,
B) a decision on changing the category of nation-wide to another category
railroad and amending category other than railroad tracks
nationwide on a nation-wide agreement with the Ministry of Defence,
C) the appellate authority in administrative proceedings in matters governed by this Act
against the decision of the Rail Authority, the Rail Safety Inspection and municipalities
D) applies opinions on regional development policy and spatial planning
documentation with respect to the interests and intentions concerning railways.
§ 56a
Municipal authorities submit an opinion on the zoning documentation
terms of special lanes, tram, trolley and cable, unless
relevant ministry.
§ 57
(1) The City of Prague ^ 9) exercise delegated powers under this Act in matters
tramway and trolleybus, rope and a special track with the exception
:
A) approving the rail vehicle
B) approving the rail vehicle
C) approving the worthiness of specified technical equipment,
D) decisions taken on certificates of professional competence of individuals to
performing revisions, inspections and tests specified technical equipment,
E) decision to stop or limit the operation of specified technical
equipment and the suspension of their eligibility.
(2) Other municipalities ^ 10) exercising delegated powers under this Act in matters
tramway and trolleybus, rope and a special track with the exception
:
A) approving the rail vehicle
B) approving the rail vehicle
C) approving the worthiness of specified technical equipment,
D) decisions taken on certificates of professional competence of individuals to
performing revisions, inspections and tests specified technical equipment,
E) decision to stop or limit the operation of specified technical
equipment and the suspension of its eligibility
F) the scope of the special planning authority
G) the issuance of a license to manage the chairlifts.
(3) jurisdiction to adjudicate under this Act is a municipality in whose territorial district
located tramway and trolleybus, rope or
special track. If it is a decision on granting a license is
respective municipality in whose territorial district will be located starting
stop rail transport.
State supervision
§ 58
(1) State supervision concerning railways is performed by railway administrations and
Railway Inspectorate. State supervision villages belong to the delegated
Municipalities. The scope for the exercise of state supervision is intended
factual and territorial competence of the Rail Administrative Authority.
(2) In exercising state supervision authorized persons supervise, whether they are in operation
track and rail traffic observed and fulfilled obligations
railway owner, operator and railway
statutory regulations.
(3) The supreme state supervision in matters of rail is the Ministry of Transport.
(4) In the exercise of supreme state supervision authorized persons engaged in activities falling
state supervision and supervise the performance
state supervision in matters of rail.
(5) Authorization for state supervision or supreme state supervision in matters of rail
in the form of a card issued by an administrative authority whose competence to exercise oversight
belongs. Particulars card and its specimen
down implementing legislation.
§ 59
Operator and the railway undertaking are required to charge a person authorized
convey the runway and allow her the free use of railway communication devices
.
§ 59a
Canceled PART NINE
COMMON, TRANSITIONAL AND FINAL PROVISIONS
§ 60
(1) The Czech government will decide within a period of one year from the effective date of this Act
which part of nation-wide railroad operated by the Czech Railways
under a special law, ^ 5) is a regional railroad. Regional railroad
Ministry of Transport will publish in the Commercial Bulletin. On
decision is not subject to general regulations on administrative proceedings.
(2) The decision referred to in paragraph 1 shall not be included in the category of
regional railroad that part of nation-wide, which is listed
tracks by an international agreement by which the Czech Republic is bound. ^ 11)
(3) operation of railways and rail transport is not a trade by
Trade Act. ^ 12)
§ 61
The rights and obligations of budget organizations Rail Authority established by the Ministry of Transport
existing on the date of its dissolution, moving the effective date
force of this Act on Rail Authority established under this Act.
§ 62
(1) Carriers who operate rail transport on the basis of concessions
are required within one year from the effective date of this Act apply for
license (§ 24). Until the decision of the Rail Administrative Authority, the carriers
construed as a carrier licensed under this Act
.
(2) The rail system operators operating a rail franchise, are obliged to apply
Rail Administrative Authority within one year from the effective date of this Act
for an official permit for operating the rail (§ 11).
Until the decision of the Rail Administrative Authority, the railway operators
deemed rail operator, which has received official authorization
under this Act.
(3) persons driving a rail vehicle shall be obliged to apply
Rail Administrative Authority for a driving certificate (§ 45)
within one year from the effective date of this Act. Pending a decision on eligibility for
management such person is deemed eligible to proceedings under this Act
.
(4) If one person or entity also operates
nationwide or regional railroad operator and rail transport on these tracks
is for that person or entity shall be binding
maintain separate accounts and separate accounting in accounting areas
for passenger rail transport, rail transport of goods and activities covered
been granted funding from public funds during
rail system operation and rail transport operation.
Separate accounting in accounting areas for passenger rail transport, rail transport of goods
and activities for which financing has been provided from public funds
, implementing and operator of rail transport, which is not
railway operator . The funds to operate public rail passenger transport
and means for operating a rail provided from public funds
be accounted for separately and not be transferred to other
activities.
§ 63
(1) The legal relations based on a siding contract, according to the Decree of the Ministry of Transport
no. 126/1964 Coll., On relations between nation-wide
and sidings and relations between the organizations involved (Siding
conditions) arising before the effective date of this Act, as well as rights
accrued thereon, shall be governed by the existing regulations.
(2) Conditions for carriage of dangerous goods on the railway track
special legal regulation 12a ^).
§ 64
Proceedings in matters regulated by this Act
(1) Proceedings in matters governed by this Act shall be governed by
general regulations on administrative proceedings, unless individual provisions of this Act, unless otherwise
. Consent rail administrative authority under § 7
paragraph. 3 and § 9. 1 issued as a basis for decisions
office building under a special law, territorial agreement or announcement
building is binding opinion of the Administrative Code and is not a separate
decision in administrative proceedings.
(2) The decision of the Rail Administrative Authority in proceedings under § 23b
paragraph. 2, § 31 para. 2, § 34 g paragraph. 3, § 38 par. 3 and 5, § 50 para. 2, §
50 par. 3 point. c) § 51 paragraph. 2, § 51 paragraph. 3 point. c) § 51 paragraph. 4
point. h) to j), § 51 paragraph. 5 point. e) to g), § 52. 3 point. d) and §
52, paragraph. 7 no appeal or review of the decision
Ministry of Transportation in the review process.
(3) An action against the statement of decision rail administrative authority in
proceedings pursuant to § 50 para. 2, § 50 par. 3 point. c) § 51 paragraph. 2, § 51 paragraph
. 3 point. c) § 51 paragraph. 4 point. h) to j), § 51 paragraph. 5 point. e) to
g), § 52. 3 point. d) and § 52. 7 has suspensive effect. The court of
action in the first sentence shall decide within 90 days.
§ 65
Transport rules regulating the conditions of carriage on the state and on
regional railroad may deviate from the provisions of the Commercial Code,
if it adopts provisions of international treaties to which the Czech Republic is bound
that have been published in the Official Gazette .
§ 65a
Canceled
§ 66
Enabling provisions
(1) The Ministry of Transport shall issue a Decree to implement § 3 para. 1, § 3
paragraph. 1, § 5 para. 3, § 6 para. 1 and 2, § 7 para. 2, § 14a paragraph. 3, § 20 paragraph
. 4, § 22 paragraph. 1 point. g) § 22 paragraph. 5, § 23a paragraph. 7, § 27a
paragraph. 4, § 34h paragraph. 9, § 35 para. 3, § 37 para. 7, § 42 para. 3, § 43 paragraph
. 1, § 43 para. 4, § 43 par. 7, § 43a paragraph. 5, § 43b paragraph. 7, § 44 paragraph
. 1 and 2, § 45 para. 3, § 45 para. 7, § 46c. 3, § 46d paragraph. 2
§ 46e paragraph. 5, § 46f paragraph. 3, § 46j paragraph. 5, § 47 paragraph. 2, § 48 para.
1, § 49d paragraph. 1, § 49e paragraph. 6, § 53b. 1, 2 and 5 and § 58 para. 5th
(2) The Ministry of Transport in agreement with the Ministry of Health will issue
legislation on conditions of health fitness of persons for operating
track and rail transport and how to conduct assessment activities.
(3) The Ministry of Transport in agreement with the Ministry of the Interior will issue
legal regulation on the implementation of education, training and examinations of applicants for a license
fitness to drive trams and trolleybuses.
(4) The Ministry of Transport shall issue a regulation determining the parts
track.
(5) The Ministry of Transport determines the types of emergencies in
rail transport, process of creation and measures in place
extraordinary events, the competence to investigate the causes and circumstances and
measures for prevention of emergencies .
§ 67
Repealing provisions
This Act repealed:
First Law no. 51/1964 Coll., on Railways, as amended by Act no. 104/1974 Coll.
Second Ministry of Transport Decree no. 52/1964 Coll., which implements
Law on Railways, as amended by Decree no. 132/1969 Coll. and no. 122/1974 Coll.
Third Ministry of Transport Decree no. 68/1964 Coll., on the transfer of competence
state administration in matters of rail systems, as amended by Decree no. 11/1979 Coll., on
scope of the national railway administrations in the field of specialized state technical
supervision of rail systems, and Decree no. 177/1988 Coll.
Fourth Ministry of Transport Decree no. 126/1964 Coll., on the contact between
national and sidings and relations between the participating organizations
(Siding terms), as amended by Decree no. 111/1966 Coll., no. 2/1980 Coll.
no. 42/1984 Coll. and no. 74/1985 Coll.
Fifth Federal Ministry of Transport Decree no. 11/1979 Coll., on
scope of the national railway administrations in the field of specialized state
technical supervision on railroads
6th Federal Ministry of Transport Decree no. 123/1979 Coll., on
urban public transport,
7th Federal Ministry of Transport Decree no. 18/1981 Coll., on
approval of rolling stock and special railway mechanization
device
8th Federal Ministry of Transport Decree no. 61/1982 Coll., the designated
technical facilities
9th Federal Ministry of Transport Decree no. 72/1984 Coll., on conditions of eligibility
class 1 ISO containers for safe and smooth operation
,
10th Federal Ministry of Transport Decree no. 8/1987 Coll., on
for imported chairlifts and other technical equipment
11th Federal Ministry of Transport Decree no. 7/1988 Coll., on crossing
roads with tracks in the rail level,
12th Federal Ministry of Transport Decree no. 190/1988 Coll.,
the fixed compensation amounts for causing a small disturbance in operation nationwide
train on tracks and sidings, as amended by Decree no. 316/1992 Coll
. ,
13th Federal Ministry of Transport Decree no. 38/1990 Coll., which
impose certain conditions to ensure safe and smooth operation
lifting equipment for handling containers ISO series 1
14th the directive of the Federal Ministry of Transport, General Prosecutor
Czechoslovakia and the Federal Ministry of the Interior, ref. no. 11 471/1973 on the coordination and synergy
authorities, transport, security and prosecution when
railway accidents (registered in 12/1973 Coll.)
15th the Federal Ministry of Transport, ref. no. 11 446/1974, of
repeated periodically checking crane operators working with
road jib cranes or railway-track
jib cranes (registered in 15/1974 Coll.
16th of the Federal Ministry of transport, ref. no. 19 239/1974, on deadline
supervisory activities of the state technical supervision Authority (
amount registered in 15/1974 Coll.)
| || 17th of the Federal Ministry of transport, ref. no. 12 142 / 1975-18, about
lifting device upper deck decker railcar for transportation
cars, as amended by Decree no. j. 23229 / 79- 025
(registered in 33/1975 Coll., and the amount of 6/1980 Coll.)
18th of the Federal Ministry of transport, ref. no. 12241 / 75-025 on the scope
national railway administrations as railway administrations, as amended by Decree
ref. no. 25 112/77 (registered in 2/1973 Sb.a the amount
20/1975 Coll.)
19th the Federal Ministry of transport and the Czech mining Office no.
3939/19/1976 on the rules of technical operation of mine rail
surface coal mines (PTP-D) (registered in 4/1979 Coll
.)
20th the Federal Ministry of Transport no. 26 049/76 laying
issuing assessment regulations for drivers, conductors, dispatchers, dispatchers and
transport control staff of urban transit, as amended
Decree no. 129/1982 7 -025 (registered in Volume 8/1977 Coll., and the amount
9/1982 Coll.)
21st the Federal Ministry of Transport no. 19 022/1978, on professional competence in electrical
on tracks (registered in
32/1978 Coll.)
22nd the Federal Ministry of Transport, ref. no. 8624 / 1982-1925, which
down a fixed amount of compensation for damage to rail vehicles and
equipment, as amended by Decree no. j. 18682 / 1992-040 (registered in
16/1982 Sb.a amount totaling 81/1992 Coll.)
23rd the Federal Ministry of Transport, ref. no. 9 737/1984, on
shipping military container consignments (registered in
22/1984 Coll.)
24th the Federal Ministry of Transport, ref. no. 5095/85-ÚÚŽZ which
to issue guidelines on the fitness of railway staff
(registered in 16/1985 Coll.)
25th the Federal Ministry of Transport, ref. no. 8 969/85 laying down certain conditions
exercise of the professional technical supervision
to ensure the safety of class 1 ISO containers in operation (the amount registered in
24/1985 Coll. ).
§ 68
Efficiency
This Act comes into force on 1 January 1995.
Uhde vr
Havel vr
Klaus vr
Selected provisions of amendments
Article II of Act no. 103/2004 Coll.
Transitional provision for the first part
Authorization of legal persons for testing rail vehicles issued by the Ministry of Transport
according to § 43 para. 4 of the Act no. 266/1994 Coll., On
tracks, before the entry into force of this Act and authorized legal persons to
technical inspections and tests specified technical equipment
issued by the Ministry of transport in accordance with § 47 para. 4 of the Act no. 266/1994 Coll., on Railways
, before the entry into force of this Act shall remain in force
Time specified by the commission.
PART THREE Act no. 191/2006 Coll.
TRANSITION TO PORTIONS OF THE FIRST AND SECOND
Article III
First Equipment ski lifts are considered operationally eligible for
condition that no later than sixteen months after the effective date of this Act
ask the operator of the ski lift Rail Authority to issue a license
specified equipment (§ 47 of the Act no. | || 266/1994 Coll., on Railways, as amended). Absence of a request
operator within that period, the issuance of cease to be
that deadline equipment operational capability.
Second The operation of the ski lift, natural and legal persons
continue for a period of one year from the date when this law comes into
efficiency, based on the business activity or business license
which received before the effective date.
After the expiry of this authority expire. Natural or legal persons operating the ski lift
submit to the Licensing Office within ten
months from the effectivity of this Act documents proving that they fulfill the conditions laid down
Trade Act, or that have established
responsible representative who meets the conditions. Under this assumption
Trade Office issued within 60 days from the submission of documents
business license to operate a ski lift.
Article II of Act no. 181/2006 Coll.
Transitional provisions
First Statutory obligation of individuals to submit an annual report on
rail operation safety according to § 22 paragraph. 2 point. e) of the Act no.
266/1994 Coll., as amended, effective from the date of entry into force of this Act, or
annual report on the safety of rail transport operation pursuant to § 35 paragraph
. 2 point. g) of the Act no. 266/1994 Coll., as amended, effective from the date of
entry into force of this Act, and to publish an annual report on the activities of the Rail Authority
according to § 49e paragraph. 6 of Act no. 266/1994 Coll.
amended effective on the date of entry into force of this Act, or an annual report on
investigation of causes and circumstances of extraordinary events in accordance with § 53b
paragraph. 6 of the Act no. 266/1994 Coll., As amended, effective from the date of entry into force of this Act
, refers to the first calendar year of 2006.
Second Operators of a nation who run track
on an official permit, are required within one year from the effective date of this Act
ask the Rail Administrative Authority to issue certificates
safety of the railway operator. Pending a decision by the Rail Administrative
authority to issue a safety certificate rail operator are considered
for the rail operator, which has a safety certificate issued
railway operator.
Third Safety certificate issued under the provisions of existing laws
regulations shall be deemed the carrier under this Act and
remains in force until 31 December 2007.
Fourth The deadline set by law for filing an application for capacity allocation
Infrastructure pursuant to § 34d par. 2 Act no. 266/1994 Coll., As amended
effective from the date of entry into force of this Act, to draft a timetable
according to § 40 para. 1 of Act no. 266/1994 Coll., as amended
effective from the date of entry into force of this Act, and for its review
under § 40 par. 2 of Act no. 266/1994 Coll. amended effective date of
commencement of this Act shall be applied first in processing
timetable for the years 2008 to 2009.
Art. II Act no. 134/2011 Coll.
Transitional provisions
First Permission to commissioning granted the rail vehicle
foreign carrier before 19 July 2008 under an international agreement, which
for the Czech Republic, remain in force.
Second Valid for rail vehicle driving
issued before the effective date of this Act authorizing the rail vehicle driving
on national and regional railways under the previous legislation
A) transport across national borders by 31 December 2011
B) in the national transport until 31 December 2015.
Third Holders of a valid license for driving a rail vehicle
practicing of drivers on the nationwide or regional
may ask the Rail Administrative Authority for a license driver
A) for the management of rail vehicle traffic across national borders
31 October 2011
B) for rail vehicle driving on interstate transport
until 31 December 2014.
Enclose report, which documented medical fitness
by Act no. 266/1994 Coll., As amended effective on the effective date of this Act
, and not older than 3 months. The Rail Administrative Authority shall issue,
who is physically fit, driver's license.
Fourth Licensee driver, issued under section 3, the carrier shall
driver's certificate without proof of special professional competence, if
A) it is in the basic employment relationship with the carrier and
B) the issuance of the license of the driver has not passed for more than one year.
The driver's certificate defines the carrier runway or portion thereof
types of rail vehicles and their method of use for which the certificate is valid,
by type of track and type of rail vehicle stated on the certificate
competence to drive a rail vehicle issued under Act no.
266/1994 Coll., as amended effective on the effective date of this Act.
License competence to drive a rail vehicle expires on
issuance of a certificate issued under the Act no. 266/1994 Coll., As amended, effective
date of entry into force of this Act.
Art. II Act no. 180/2014 Coll.
Transitional provisions
Proceedings under § 23b paragraph. 2, § 31 para. 2, § 34 g paragraph. 3, § 38 par. 3 and
5, § 50 para. 2, § 50 par. 3 point. c) § 51 paragraph. 2, § 51 paragraph. 3
point. c) § 51 paragraph. 4 point. h) to j), § 51 paragraph. 5 point. e) to g), §
52 paragraph. 3 point. d) and § 52. 7 commenced prior to the effective date
this Act shall be completed pursuant to Act no. 266/1994 Coll., as amended, effective
before the effective date of this Act.
1) Council Directive 91/440 / EEC of 29 July 1991 on the development of the Community
.
Council Directive 95/18 / EC of 19 June 1995 on the licensing of railway undertakings
.
Directive of the European Parliament and Council Directive 2000/9 / EC of 20 March 2000
on cable railways for transporting people.
Directive of the European Parliament and Council Directive 2001/12 / EC of 26 February 2001
amending Council Directive 91/440 / EEC on the development of railway undertakings
Community.
Directive of the European Parliament and Council Directive 2001/13 / EC of 26 February 2001
amending Council Directive 95/18 / EC on the licensing of railway undertakings
.
Directive of the European Parliament and Council Directive 2001/14 / EC of 26 February 2001
on the allocation of railway infrastructure capacity and the levying of charges
railway infrastructure and safety certification.
Directive of the European Parliament and Council Directive 2004/49 / EC of 29 April 2004
about the safety of railways and amending Council Directive 95/18 / EC on
licensing of railway undertakings and Directive 2001/14 / EC
on the allocation of railway infrastructure capacity and charging for rail
infrastructure and safety certification (
directive on rail safety).
Directive of the European Parliament and Council Directive 2004/51 / EC of 29 April
2004 amending Council Directive 91/440 / EEC on the development of
Community.
Directive of the European Parliament and Council Directive 2007/58 / EC of 23 October 2007
amending Council Directive 91/440 / EEC on the development of the Community
and Directive 2001/14 / EC on the allocation
rail infrastructure and rail infrastructure charging.
Directive of the European Parliament and Council Directive 2007/59 / EC of 23 October 2007
on the certification of train drivers operating locomotives and trains on the railway system in the Community
.
Directive of the European Parliament and Council Directive 2008/57 / EC of 17 June 2008
Interoperability within the Community.
Commission Directive 2009/131 / EC of 16 October 2009 amending Annex VII
Directive of the European Parliament and Council Directive 2008/57 / EC on
Interoperability within the Community.
1) Regulation of the European Parliament and Council Regulation (EC) no. 1371/2007 of 23 October 2007 on
rights and obligations of rail passengers.
Commission Regulation (EU) no. 36/2010 of 3 December 2009 on Community designs
train driving licenses, complementary certificates, certified copies of complementary
certificates and application forms for a license under Directive driver
European Parliament and Council Directive 2007/59 / EC.
1b) § 12 of Act no. 16/1993 Coll., On road tax, as amended by Act no. 102/2004 Coll
.
1c) § 12 of Act no. 16/1993 Coll., On road tax, as amended by Act no. 102/2004 Coll
.
1d) For example Act no. 222/1994 Coll., On business conditions and performance
state administration in energy sectors and on the State Energy Inspection
, as amended by Act no. 83/1998 Coll.
1e) § 71 para. 2 of Law no. 50/1976 Coll., On territorial planning and building
Code (Building Act), as amended by Act no. 83/1998 Coll.
2) Decree no. 174/1994 Coll., On the general
technical requirements for use by persons with reduced mobility
.
2a) § 108 et seq of Law no. 50/1976 Coll., As amended
regulations.
2b) For example, Act no. 50/1976 Coll.
3) § 120 of the Act no. 50/1976 Coll., On territorial planning and building regulations
(Building Act), as amended.
5) Act no. 9/1993 Coll., On Czech Railways, as amended by Act no. 212/1993 Coll
.
5a) § 3 para. 2 of Act no. 513/1991 Coll., The Commercial Code.
5b) Act no. 269/1994 Coll., On Criminal Records, as amended
regulations.
5c) Commission Decision 2010/17 / EC on the adoption of basic parameters for
registers of train driving licenses and complementary certificates
under Directive 2007/59 / EC.
6) Act no. 526/1990 Coll., On prices.
6a) Regulation of the European Parliament and the Council no. 881/2004 of 29 April
2004 establishing a European Railway Agency (Agency Regulation).
6b) Act no. 182/2006 Coll., On bankruptcy and its solutions
(Insolvency Act), as amended.
6c) Directive of the European Parliament and the Council no. 2001/13 / EC of 26 February 2001
amending and supplementing Council Directive (EC) no. 95/18 / EC on the licensing of railway
businesses.
6d) Act no. 77/2002 Coll. Of Czech Railways, state
organization Railway Infrastructure Administration and amending Act.
266/1994 Coll., On Railways, as amended and Act no.
77/1997 Coll., on state enterprise, as amended, as amended
.
6e) Directive of the European Parliament and the Council no. 2001/14 / EC of 26 February 2001
on the allocation of railway infrastructure,
levying of charges for the use of railway infrastructure and safety certification.
6f) Article 16 of Directive no. 2001/14 / EC.
6g) Art. 10 Directive 2004/49 / EC on railway safety
Community and amending Council Directive 1995/18 / EC on the licensing of railway undertakings and
Directive 2001/14 / EC on the allocation of railway infrastructure capacity and
certification security (Railway safety Directive).
6h) Art. 28 Regulation of the European Parliament and Council Regulation (EC) no. 1371/2007.
6i) § 46a of the Act no. 99/1963 Coll., Civil Procedure Code, as amended by Act No.
. 7/2009 Coll.
6i) Act no. 200/1990 Coll., On misdemeanors, as amended.
Decree no. 72/1988 Coll., On the use of explosives, as amended
regulations.
7a) Article. 14 of Regulation no. 1191/69 on action by Member States concerning
obligations associated with the public service in transport by rail, road
and inland waterways.
7c) Act no. 111/1994 Coll., On road transport, as amended
regulations.
7e) Decree no. 388/2000 Coll., On timetables of public passenger transport
.
7f) § 11 of Act no. 22/1997 Coll., On technical requirements for products
amended.
7 g) Decree no. 133/2005 Coll., On technical requirements for
operational and technical interoperability of the European rail system.
7h) Act no. 22/1997 Coll., On technical requirements for products and
amending and supplementing certain acts, as amended.
7i) § 13 of Act no. 22/1997 Coll., As amended.
8) Act no. 140/1961 Coll., Criminal Act, as amended.
8a) Directive of the European Parliament and the Council no. 2001/16 / EC on
interoperability of the trans-European rail system.
8b) Directive of the European Parliament and the Council č.1996 / 48 / EC on interconnection
operating system, high-speed rail.
8d) Decree no. 8/1985 Coll., On the Convention concerning International Carriage by Rail
(COTIF), as amended.
8e) § 2 para. 2 of Act no. 513/1991 Coll., The Commercial Code, as amended
.
8 g) Act no. 141/1961 Coll., On Criminal Procedure (Criminal Procedure Code).
8h) § 18 par. 1 point. b) Act no. 22/1997 Coll.
8i) § 7 para. 1 of Act no. 102/2001 Coll.
9) § 13 and 26 of Czech National Council Act no. 418/1990 Coll., On the City
Prague, as amended.
10) § 58 para. 5 of Czech National Council Act no. 367/1990 Coll., On municipalities
(municipal administration), as amended.
11) European Agreement concerning the International Railway Lines (AGC Agreement
), approved by the Government of Czechoslovakia no. 78 of February 8, 1990.
12) Act no. 455/1991 Coll., On Trades (Trade
Act), as amended.
12a) Decree no. 8/1985 Coll., On the Convention concerning International Carriage by Rail
(COTIF), as amended.
