194/2010 Sb.
LAW
of 20 December. May 2010
on public passenger transport services and amending other laws
Parliament has passed the following Act of the United States:
PART THE FIRST
PUBLIC PASSENGER TRANSPORT SERVICES
TITLE I OF THE
GENERAL PROVISIONS
§ 1
The subject of the edit
(1) this Act regulates the following a directly applicable regulation
Of the European Communities ' ^ 1 ') the procedure of the State, counties and municipalities in the provision of
transport services public services public passenger transport
railway passenger transport ^ 2) and public line transport ^ 3) (hereinafter referred to as
"the provision of transport services").
(2) The procedure for the provision of public passenger transport services
in inland navigation ^ 4), the provisions of this Act shall apply
adequately.
§ 2
Transport links
Served by public transport means transport security after all the days of the
the week mainly to schools and educational institutions, to public authorities,
to employment, to health facilities providing basic
health care, and to meet the cultural, recreational and social
needs, including transport back, contributing to sustainable development
jurisdiction.
TITLE II
ENSURING TRANSPORT SERVICES
Transport links of the State, regions and municipalities
§ 3
(1) the regions and municipalities, in its separate scope the scope of the transport
services and ensure the transport public services in
public passenger transport railway passenger transport and public
regular services and connecting them.
(2) the County provides transport links in its territorial jurisdiction and the
the agreement of another region in its territorial jurisdiction. The county can provide
public passenger transport services by public railway passenger transport and
public regular services in the adjacent territorial jurisdiction of another State after
the previous agreement with the competent public authority of another State if
It is needed to ensure the accessibility of the region.
(3) the municipality provides transport links in its territorial jurisdiction beyond the
transport accessibility to the territory of the region. A municipality can provide public services in the
public passenger transport railway passenger transport and public
regular service outside its territorial circuit, if it is needed for
the provision of transport services of the municipality and with the consent of the County and municipalities,
which have concluded a contract on public transport services
passengers and whose territorial constituency is providing the service.
§ 4
(1) the State, through its branches and provides
serve the public public passenger transport services, railway
passenger transport trains nationwide transport that have a supra-regional or
the international character.
(2) the State ensures the Transport Ministry of transport.
The Department of transport, in agreement with the Ministry of finance determines the maximum
the amount of compensation and the manner of determining the period of effectiveness of the contracts for the
public passenger transport services. If there is no in between
The Ministry of transport and the Ministry of finance to the agreement shall be determined by the maximum
the amount of compensation the Government on a proposal from the Ministry of transport; the proposal for the
the decision of the Government of the Department of transportation shall report to the Government within 30 days
the date on which there has been no agreement between the two ministries, or at the level of
of Ministers. Until the decision of the Government specifies the range of transport services
The Ministry of transport by a range of transport services specified in the
the previous financial year. On the basis of the specified maximum amount
the Ministry of transport will determine the compensation scope of provision of transport
accessibility.
(3) transport for the needs of national defence ensures that the Ministry of
transport, in agreement with the Ministry of Defense.
Transport planning and the integrated public services
§ 5
(1) the transport planning ensures the Transport Ministry and the region
through the plan, the transport accessibility to the territory. The objective of the transport
planning is to create conditions for the economical, efficient and effective
the provision of transport services and of cooperation between the State, counties and
municipalities in this activity. Transport planning is based on the backbone connections
public railway passenger transport in the provision of transport services.
(2) accessibility to the territory plan, are required to take the Ministry of transport
and the County.
(3) the transport accessibility to the territory Plan shall be drawn up for a period of at least 5 years and
contains, in particular,
and a description of the outsourced public services) in the carriage of passengers,
(b) the estimated range provided by compensation),
(c)) the timetable for the conclusion of contracts on public services and how to
the conclusion of these agreements,
(d) the timetable and method of integration), if the State and the region involved in the
the Organization of integrated public passenger transport services.
(4) the plan shall be published by the maker of a transport service territory in a manner
allowing remote access.
§ 6
(1) Integrated public services means the integrated public
passenger transport services by directly applicable legislation
Of the European communities ^ 5). A request to a single information service is
fulfilled if it is to ensure the provision of information on the single driving
order and plan in one place.
(2) regions and municipalities may individually or jointly to set up a legal
person for the performance of the tasks in the establishment and organization of integrated
public passenger transport services (hereinafter "the Organizer").
The organizer may be authorized, on behalf of the county or municipality closed
contracts for public passenger transport services on a specified territory and
the specified modes of transport.
(3) ownership interest in the organizer can only have the county or municipality.
The organizer shall not operate a public rail transport or
public regular services.
§ 7
Electronic payment systems and passenger handling
(1) If a State, County or municipality in the provision of transport services
electronic payment systems and operates the passenger himself or
through third parties, must these systems, equipment and
technology specified by an implementing Regulation (hereinafter referred to as "the designated
equipment and technology ") to ensure interoperability between electronic
payment systems and passenger handling.
(2) the implementing legislation sets out the requirements and procedures to ensure
technical and operational interconnectedness of electronic payment systems and
check-in of passengers and intended devices and technologies.
TITLE III
PROCEDURE FOR THE PROVISION OF PUBLIC SERVICES
§ 8
(1) in order to ensure transport services may state, regions and municipalities (hereinafter
"the customer") to provide public passenger transport services
themselves, or to enter into contracts for public passenger transport services
with carriers who transport contractors in accordance with other legal
regulations ^ 2) ^ 3).
(2) the carrier shall not later than the date of entry into force of the Treaty on the
public passenger transport services
and have allocated capacity) traffic routes, the carrier's certificate and
a contract for the operation of railway transport with the runways
If it is a carrier on a public railway passenger transport,
(b)) have a licence and approved timetable, in the case of carriers in the
public regular services, and also a certificate of permission to do business in
city bus transport, in the case of a carrier in the city bus
transport,
(c)) have provided vehicles, staff and technical equipment necessary for the
operation of public passenger transport services in accordance with the allocated
the capacity of the transport route or an approved timetable,
(d)) be capable of providing a summary of the activities of the stored
the law on road transport and rail systems and
(e)) must comply with standards of quality and safety of services, including standards
for the transport of persons with reduced mobility (hereinafter referred to as
"quality and safety standards").
(3) If the purchaser provides public passenger transport services
by itself, the requirements referred to in paragraph 2 shall meet not later than on the date of the initiation of the
the provision of public services.
(4) the quality and safety standards are listed in the annex to this
the law. Minimum values and indicators of quality and safety standards and
their mode of proof lays down detailed legislation. The customer
may lay down stricter values and quality standards and indicators
safety or require compliance with other standards.
(5) contract for public passenger transport services is not
public service contract.
§ 9
The contract for public passenger transport services
(1) the purchaser in accordance with regulation directly applicable European
^ 1), the community may conclude public transport services
passengers with a carrier selected by tender. If they are
the conditions of § 18, the customer may enter into a contract with the carrier
by typing.
(2) the purchaser shall transmit to the Ministry of finance until 31 December 2006. March summary
an overview of public service contracts concluded in the previous calendar
year.
Invitation to tender
§ 10
(1) the invitation to tender shall be initiated by the publication of the notice of initiation
the invitation to tender. The announcement is a challenge to an unlimited number of carriers to
submission of tenders and to demonstrate compliance with the required qualifications. Notification
must contain the
and the customer identification data),
(b) a description of the subject of the invitation to tender), which also includes the
the estimated value and the estimated range of public services in
the carriage of passengers,
c) criteria for the selection of the carrier,
(d) information on the availability of documentation) the invitation to tender,
e) deadline for submission of tenders which shall be not less than 52 days from the date of
publication of a notice of the initiation of the invitation to tender,
(f)) instead of the offer and
g) information about the language in which they must be submitted.
(2) notice of the initiation of the invitation to tender shall publish the customer in
information system under the law on public procurement. If
the estimated range of public passenger transport services, which
are the subject of the invitation to tender, exceed 50 000 km per year, publish a
customer notice also in the official journal of the European Union
through the Office for official publications. For the publication of further
shall apply the relevant provisions of the law on public procurement apply mutatis mutandis.
(3) For the contents of the tender documentation relevant
the provisions of the law on public procurement of tender documents by analogy
with the fact that the purchaser in the documentation define the public service obligations in transport
of the passengers, so that
and) made up of a comprehensive technical and operational files, and in the case of public
rail transport on the national or regional distortions
the network character of railway transport and
(b)) have been linked with other public transport services in the transport of
passengers.
(4) for providing the tender documentation shall apply the relevant
the provisions of the Act on public contracts for the provision of procurement
documentation in an open procedure apply mutatis mutandis.
(5) For the tender deadline, the technical conditions, the classification of the subject
contracts for public passenger transport services, the additional
information to the entry conditions for the submission of tenders and their content and
for electronic resources and tools to apply the relevant provisions of
Similarly, the law on public procurement. To qualify, its scope,
proof of meet the qualifications, assessment of qualifications, exclusion from
participation in invitations to tender and the relevant provisions
Similarly, the law on public procurement.
(6) the model forms for the publication of a notice of initiation of the invitation
management information system under the law on public procurement provides
the implementing legislation.
§ 11
(1) the customer may also be submitted bids. In this case,
must the notice of invitation to tender in addition to data in accordance with § 10
paragraph. 1, include
and the way negotiations on menus), and in particular whether the negotiations will take place with
all carriers at the same time or separately, and
(b)) the method of selection of carriers for further negotiations, if the customer
Decides to gradually limit their number.
(2) before proceeding to the purchaser in writing prompts all menus
carriers, who have not been excluded from participation in the tendering procedure, to
negotiations on the menus. For the progress of the negotiations, the provisions of the law on
public procurement of the negotiations on the menus at each stage
a negotiated procedure with the publication of applied mutatis mutandis; for the adjustment of the draft Treaty on the
public passenger transport services shall apply appropriate
the provisions of the law on public procurement apply mutatis mutandis.
§ 12
(1) for the opening of envelopes with bids and evaluation the Commission shall apply
the relevant provisions of the Act on public procurement apply mutatis mutandis.
(2) for the assessment and evaluation of tenders shall apply the relevant provisions of
Act on public contracts, by analogy with the fact that the assessment criterion for the
selection of the carrier is only economically advantageous offer.
section 13 of the
(1) on the basis of the results of the tendering procedure selects the customer for
the conclusion of public service contracts in passenger transport carrier
which has been evaluated as the most economically advantageous.
(2) the notice of the selection of the carrier, the provisions of the notice of
choosing the most appropriate offer public procurement Act apply mutatis mutandis. For
the notice of opposition, the manner of their execution and the prohibition of conclusion of the contract of
public passenger transport services shall apply appropriate
the provisions of the law on public procurement apply mutatis mutandis. For the conclusion of the Treaty on
public passenger transport services, the provisions of the Act
on public procurement on the conclusion of the contract apply mutatis mutandis.
(3) in concluding public service contracts in passenger transport
the purchaser may commit to future performance, which is not covered by any of the
the budget of the customer at the time of conclusion of the contract in force.
§ 14
To cancel the invitation to tender shall apply the relevant provisions of the law on
the public procurement directives on the abolition of the procurement procedure, mutatis mutandis, including reasons
This cancellation. The client may also cancel the tender procedure if
himself in the notice of initiation of the invitation to tender.
§ 15
The ordering party may conclude a contract for public transport services
passengers instead of with the selected carrier with a legal entity, that
invitation to tender did not participate, if
and the selected carrier menu) was such an option is given, including
the legal form of the minimum proposed in capital, the proposed
the ownership structure and the design of the cast of the authorities of such a person,
(b) the customer or selected) of the carrier at the time of conclusion of the contract of
public passenger transport services directly or indirectly controls,
(c)) the subject of its activities is the implementation of the Treaty on the subject of public
passenger transport services and
(d)) meets the qualification requirements.
section 16 of the
(1) the Agreement on public passenger transport services concluded on
under a tendering procedure may be completed by an additional public service
not included in the specifications of the original invitation
proceedings, provided that the
and the customer shall notify in writing the challenge) the intent of the addition of additional public
the carrier service with which the contract is about public transport services
passengers closed; the contents of the calls shall apply the relevant provisions of the
law on public procurement on the content of the written invitation to the meetings in
negotiated procedure without publication,
(b)) the need of additional public services as a result of circumstances
objectively unforeseen at the start of the original invitation to tender,
c) additional public services cannot be technically or economically
separated from the public service obligations contained in the specifications
the original invitation to tender without causing serious economic injury
to the customer and
(d)) the total compensation for additional public service shall not exceed 20% of the
the total amount of public service compensation contained in procurement
the terms of the original tender.
(2) within 1 month after public transport services
passengers about additional public services, the customer shall be obliged to disclose
on my official board manner allowing remote access and notification of the
This Tween.
§ 17
The customer shall keep the tender documentation for a period of 5 years from the
termination of public service contracts in passenger transport
or from the date of cancellation of the invitation to tender. Tender documentation
means the sum of all documents in paper form or on media
the data, which requires the acquisition of this Act in the course of the invitation
control, or after its termination, including the full text of all menus
carriers, for public passenger transport services and all
its changes.
Direct entry
section 18
If the conditions are met, the directly applicable European legislation
Community ^ 6) can be used by entering a contract for public service
in the carriage of passengers with a carrier that has to ensure the
and public railway passenger transport) on the national or regional
(b)) of the public service in an emergency situation under section 22,
(c)) of the public service, for which the average annual value or number of kilometres
per year shall not exceed the values specified in the applicable legislation directly
Of the European communities "^ 1"), or
(d)) of the public service as an internal operator ^ 7), if the client region
or a municipality.
§ 19
(1) no later than 1 year prior to the initiation of the invitation to tender or before
the conclusion of public service contracts in passenger transport direct
specifying, pursuant to section 18 (a). a), c) and (d)) shall publish the customer information about
its decision to enter into a contract on public transport services
passengers in the range according to the directly applicable European legislation
Community ^ 1) in the official journal of the European Union, if you directly
Regulation of the European communities applicable ^ 1) provides otherwise.
(2) in the case of the conclusion of public service contracts in the transport
passengers entering pursuant to section 18 (a). a), c) and (d)), the customer
shall, no later than 2 months before the conclusion of the post on its
the official board manner allowing remote access and notification of the
and carrier identification data), with whom the contract is to be concluded,
(b) the projected average annual value) of public services or the number of
kilometers per year, if the contract is concluded, pursuant to section 18 (a). (c)), and
(c) the range of public services) expected.
(3) a person who is interested in the conclusion of the same public
services by typing, and that as a result of violations of law or directly
of the applicable legislation of the European Communities ' ^ 1 ') the procedure of the customer
threatens or suffer on their rights (hereinafter the "complainant") may
submitted in writing a reasoned objection to the customer within 15 days from the date of
publication of the notice referred to in paragraph 2.
(4) the applicant must indicate in the opposition, who's served against which
the Act of the customer facing, in what is seen as a violation of the law or
directly applicable European Community regulation ^ 1), what harm
the complainant as a result of an alleged violation of law or directly
of the applicable legislation of the European Communities ' ^ 1 ') was formed and threatened or
what the complainant is seeking. On the procedure of the customer shall apply to § 111 paragraph.
1, 2, 4 and 5 of the Act on public procurement apply mutatis mutandis.
(5) within 1 month after the conclusion of public service contracts in the transport
passengers entering the customer is obliged to publish on its
the official Board and in a manner allowing remote access, stating that
the contract was concluded, and in the notice, particulars of the contract in
the scale referred to in paragraph 2.
section 20
(1) prior to the conclusion of public service contracts in passenger transport
by directly specifying, pursuant to section 18 (a). a), (c) and (d))) or before the publication
notice of initiation of the invitation to tender shall request the customer's written
expression of the carrier that provides public passenger transport services,
to be wholly or in part the subject of the new Treaty, to convert
vehicles to the new carrier.
(2) the carrier is entitled to require that, in the agreement on public services
passenger transport services concluded by typing or documentation
the invitation to tender was contained the obligation to buy back the new carrier
vehicles that
and newly acquired) with the consent of the customer in the second half of the period
the effectiveness of public service contracts and
(b)) have been used for public service assurance, to be wholly or
in part, the subject of a new contract, and
c) cannot be a carrier for the assurance of the other public
services.
(3) the purchase price shall be determined as the estimated book value at the time of takeover
vehicles referred to in paragraph 2 and shall include, where appropriate, the financial costs associated with the
early termination of the credit, leasing or other financial
relationship related to the financing of the acquisition of those vehicles.
(4) if the carrier requires the purchase of vehicles, the customer is obliged to
provide the list of vehicles on which the obligation to apply, including
the date of their acquisition, the terms of their funding and their
amortization, and demonstrate compliance with the conditions referred to in paragraph 2.
(5) the customer shall be entitled to request from the carrier the documents that are
necessary to prove compliance with the conditions referred to in paragraph 2. If they are
conditions are met, the client request.
(6) if the carrier fails to send the customer a statement referred to in paragraph 1 to 2
months from receipt of the request of the customer, it is considered that the transfer of vehicles
not be required.
(7) paragraph 2 shall not apply in cases where the contract has been terminated
the ordering party for the material breach of the contractual obligations of the parties
the carrier, the carrier has lapsed or ceased to be a transport operator according to
other legislation.
section 21
The provision of public passenger transport services public line
transport and tram on the track
(1) in the provision of public passenger transport services to the public
regular service on the track and tram section 9 to 20 apply in
cases where the
and passenger carriers fare applies),
(b)) the carrier is granted the exclusive right or provided for in advance
terms of public budgets and compensation
(c) does not exclude compensation commercial risk) the carrier associated with the amount of sales
the fare for public passenger transport services.
(2) are not subject to the conditions referred to in paragraph 1, it shall apply to the selection of
the carrier in public regular services and on the track tramway Act
the public procurement directives.
TITLE IV
EMERGENCY SITUATIONS
section 22
(1) If you interrupt the provision of public transport services
passengers or interruption is imminent, it may
the customer in accordance with the directly applicable European legislation
Community ^ 8)
and) enter into a contract on public passenger transport services on the
the provision of public services concerned by typing,
(b)) to extend the already concluded contract for public transport services
passengers on the provision of public services concerned without invitation
proceedings, or
(c) the provision, by decision concerned) public service carriers,
who is the operator of transportation under other legislation.
(2) the decision referred to in paragraph 1 (b). (c) the purchaser shall specify the extent)
provided by the public passenger transport services and the method of calculation
compensation in accordance with the regulation directly applicable European
Community ^ 1).
(3) the notice of initiation referred to in paragraph 1 (b). (c)) the customer
also be posted on the official notice board. Carriers within 2 days of posting
the announcement on the official Board shall deliver a written notification to the customer that they have
interest in the provision of public passenger transport services covered by the
control refers to become parties to the proceedings.
(4) an appeal against a decision pursuant to paragraph 1 (b). (c)) does not have suspensory
effect.
(5) the Department of transportation shall perform the responsibilities of the Manager of the administrative
Authority ^ 9) counties in the proceedings referred to in paragraph 1. (c)).
TITLE V OF THE
COMPENSATION
Article 23 of the
(1) Compensation to the extent specified in the contract provides the purchaser of
your budget.
(2) prior to the conclusion of public service contracts in passenger transport
by directly specifying, pursuant to section 18 of the carrier to the customer shall submit to the financial model
costs, revenues and net income that have arise from the contract (hereinafter
"the financial model"). Based on a financial model, the customer
obliged to check whether the proposed compensation is not excessive.
(3) the Ministry of transport at the request of the purchaser shall provide an opinion on the
the admissibility of and how to include costs, revenues or operating assets to the
a financial model and how to build a financial model.
(4) in the conclusion of public service contracts in passenger transport
on the basis of a tendering procedure according to section 10, the obligation to submit
the financial model, paragraph 2 shall apply, mutatis mutandis, if the purchaser in
unless otherwise stated in the tender dossier.
(5) if the carrier Provides transport services or other activities outside the
the provision of public passenger transport services under a contract of
public passenger transport services or when complying with decisions of the
imposition of a public service, is obliged to keep records of costs and benefits
of public service contracts or of the decision on the imposition of public
passenger transport services by the various treaties and decisions.
(6) on the basis of a financial model, submitted in accordance with paragraph 2, which
includes the provision of overcompensation, cannot conclude a contract of
public passenger transport services. However, if the contract was
on public passenger transport services concluded, is invalid.
(7) the implementing legislation provides for the costs, revenues, and operating assets,
that can be used to build a financial model, the definition of
the net revenue and the maximum permissible rate of return on capital, the way
how costs, revenues, and operating assets of the carrier demonstrates to the customer,
How to build a financial model, the method of determining the excessive compensation and
the rules for changes to the amount of the compensation.
section 24
(1) the Department of transportation shall consider in the preparation of the draft law on the State
budget per financial year economic security transport
services of the State, counties and municipalities in the range according to the concluded contracts for the
public passenger transport services on this year. At the request of
The Ministry of transport will provide regions and municipalities the data needed for this
assessment.
(2) if based on changes to the legislation or unforeseen
exceptional circumstances, an increase in the cost of carriers, and for these reasons
There is a risk reduction in the range of transport services of the customer according to the enclosed
contracts for public passenger transport services on the corresponding year of the
more than 10%, the Ministry of finance will decide on whether the customer on
upon request, will provide a subsidy, or perform the budgetary measures to
guarantee a transport service from the State budget, according to different
Law ^ 10).
TITLE VI OF THE
WHEN CONCLUDING THE CONTRACT MONITORING
§ 25
(1) supervision of the observance of the procedure for the conclusion of the contract for the public
passenger transport services on the basis of an invitation to tender or
by typing and any amendments thereof under this Act shall be exercised by the Office for the
the protection of competition (hereinafter referred to as "the authority").
(2) the authority in the exercise of supervision of compliance with this Act
and) decides whether the purchaser acted in accordance with this Act
and directly applicable legal regulations of the European communities,
(b) the remedial measures and) imposes sanctions,
(c)) dealt with administrative offences,
(d) the acts of the customer) checks under other legislation; by
is without prejudice to the competence of other bodies exercising such control
under other legislation.
section 26
The procedure for review of acts of the contracting authority, at the Office at the written
proposal of the person who filed the application pursuant to § 13 para. 2 or § 19 para. 3
(hereinafter referred to as "the applicant"), or ex officio.
section 27 of the
(1) an application may be made
and ordering procedures) against in the invitation to tender,
(b) ordering procedures) against at the conclusion of public service contracts
passenger transport services by directly specifying,
as a result, there is a risk or suffer on the rights of the appellant.
(2) in addition to General Design requirements for filing must contain an accurate
indication of the customer, in what is seen as a violation of the law or directly
of the applicable legislation of the European communities, in whose
as a result the claimant threatens or suffer on his rights,
relevant evidence, and what the applicant is seeking. Part of the proposal
consigned Office is proof of delivery to the customer of the objections and proof of
a security deposit referred to in section 28.
(3) the application must be delivered to the Office and in a copy of the customer within 10
calendar days from the date on which the appellant received the decision establishing the
customer objections fail.
(4) If the customer did not satisfy the objections pursuant to § 13 para. 2 and § 19 para.
4, the proposal to impose corrective measures to submit and deliver to the authority and
to the customer not later than 25 calendar days from the date of dispatch of the opposition
the complainant.
(5) the customer is obliged to submit to the Office their observations to the received
the draft within 7 days of its delivery. Together with this expression will send
the tender documentation in the case of an application pursuant to
paragraph 1 (b). and).
section 28
(1) request the petitioner is required to pass on the account of the Office bail
in the amount of 1% of the estimated value of public services, which are
subject of the contract, at least in the amount of $ 50,000, a maximum of 2
000 000 CZK.
(2) the deposit is the State budget revenue, if the proceedings brought by the Office of the
the proposal rejects a final decision according to § 31 para. 2, otherwise the Office
the deposit together with interest returns to the applicant within 30 days from the date on which it becomes aware
on the legal force of the decision. The security deposit is returned also in the case when
The Office, together with the rejection of a proposal under section 31 para. 2 shall decide
that the customer has committed administrative offense under section 33.
section 29
Party to the proceedings, the customer and the proceedings commenced on the proposal also
the appellant; If the subject of the management review of the decision on the selection of
the best deals, is a participant in the proceedings whether or not the selected carrier.
section 30
The Office initiated proceedings be suspended if
and the proposal has the prescribed particulars) according to § 27 para. 2 and the appellant
it within a period specified by the Office, to complete
(b)) was not with the filing of the proposal consists in the amount of the security deposit referred to in § 28 para. 1 and
the applicant fails to pay the additional of bail even in the time limit set by the Office,
(c) the proposal was not delivered to the Office) and to the sponsor within the time limits referred to in section 27 para. 3
or 4 or
d) in proceedings initiated ex officio, there were reasons to save
corrective action according to § 31 or for the imposition of a penalty under section 33.
section 31
(1) if the customer fails to comply with the procedure established by law or directly
the applicable law of the European communities, and this procedure
substantially affected or may have affected the selection of the most appropriate menu or
the conclusion of public service contracts in passenger transport direct
by entering, and so far there has been no conclusion of the contract, the authority will save the remedial
measures by cancelling the tender procedure, or a single act
of the customer.
(2) the authority shall reject the proposal if there were reasons to save
the remedy pursuant to paragraph 1.
§ 32
The Office and the Parties shall bear their costs. For the costs of the proceedings shall
apply on the provisions of the law on public procurement.
§ 33
Administrative offences of legal persons
(1) the customer is guilty of an administrative offense, by
and when the invitation to tender) fails to comply with the procedure established by this Act,
While this procedure significantly influenced or could influence the selection of the
the best deals, and enters into a contract on public transport services
of the passengers,
(b)) enters into a contract on public passenger transport services in violation of the
the banning of its conclusion in accordance with § 13 para. 2,
(c) rejects the objection or progresses) in their review of the conflict with the
§ 13 para. 2,
d) cancels the invitation to tender in contravention of section 14,
(e)) will complement the concluded contract for public passenger transport services
for additional public services contrary to section 16,
(f) the Pact or not retained) tender documentation according to § 17,
g) enters into a contract on public passenger transport services by direct
by specifying the contrary to section 18,
h) shall disclose information pursuant to § 7 para. 1 or a notification pursuant to section 16 of the
paragraph. 2 or § 19 para. 2 or 5,
I) enters into a contract on public passenger transport services in violation of the
the banning of its conclusion in accordance with § 19 para. 4,
j) rejects the objection in violation of § 19 para. 3 or in their
review in violation of § 19 para. 4, or
k) will not disclose contract information on public transport services
passenger public rail passenger transport on the national or
regional closed by typing directly in conflict with the applicable
Regulation of the European communities ^ 11).
(2) an administrative offence referred to in paragraph 1 (b). a), b), (e)), g), (h) or (i)))
saves a penalty of 5% of the estimated amount of public service compensation
and for the administrative offence referred to in paragraph 1 (b). (c)), d), (f)), j), or)
fined in 10 000 000 CZK.
§ 34
Provisions common to administrative offences
(1) the customer for an administrative offence is not liable if he proves that
has made every effort, that it was possible to require that the infringement of the
legal obligation to stop it.
(2) in determining the amount of the fine to take account of the seriousness of the administrative
offense, in particular, the way a criminal offence and its consequences and to
circumstances in which it was committed.
(3) the liability of the purchaser for an administrative offense shall cease, if the Office of the
It does not institute proceedings within 1 year from the date on which it learned,
not later than 5 years from the day when it was committed.
(4) administrative offences are heard in the first instance authority. Final
the decision exposes the Office in a manner allowing remote access.
(5) the income from fines is the State budget revenue.
TITLE VII
TRANSITIONAL PROVISIONS, ENABLING AND FINAL
§ 35
Transitional provisions
(1) the rights and obligations of the undertaking in accordance with the existing legislation of the closed
are maintained in the scope of a directly applicable regulation
Of the European communities ^ 12) and is governed by the existing law.
(2) in a contract referred to in paragraph 1, the customer and the carrier with which
the contract is concluded, to negotiate an extension of its effectiveness, only if the period of
the effectiveness of the Treaty after the extension does not exceed the period to be determined directly
the applicable law of the European communities.
(3) the contract referred to in paragraph 1, which allows at the time of its effectiveness
the customer to limit the scope of public services, which are subject to
contract, and list on the part of these services, the invitation to tender, or
by entering into a contract and does not include arrangements for the disposal of
vehicles newly acquired by the carrier, with the consent of the customer for the purposes of
the performance of these public services, the purchaser shall, at the request of the
carrier
and operation of the newly acquired) to enable the vehicle, in order to ensure public
services that are the subject of the contract referred to in paragraph 1, all the time
its effectiveness, or
(b)) included in the tender documentation or in the contracts concluded
by entering the obligation of the carrier to purchase new vehicles, and it
the price expected book value at the date of their receipt, and pay
the financial costs associated with the early termination of the credit, leasing
or other financial relationship, related to the financing of the acquisition of
These vehicles.
(4) the transport accessibility to the territory Plan under section 5 is the person required to
get within 18 months from the date of entry into force of this Act.
(5) electronic payment systems and Connectivity check
and designated equipment and technology in accordance with § 7 shall be ensured by the
electronic systems, which will begin to be operated after 1 year
After the effective date of this Act.
(6) the requirement to meet the standards of quality and safety according to § 8 shall
does not apply to contracts for public passenger transport services,
which are concluded on the basis of the procedure for the selection of the carrier launched
before the date of entry into force of this Act.
section 36
Powers of execution
(1) the Government issues regulations to implement section 7 and section 8 para. 4.
(2) the Department of transportation shall issue a decree to implement section 10(4). 6 and section 23
paragraph. 7.
§ 37
Regulation (EEC)
Shall be repealed:
1. Government Regulation No. 497/2004 Coll., which regulates the ascertainable
the loss in public regular services, and which specifies the manner of
the performance of the State's professional supervision in road transport over the financing of the
transport services.
2. Decree No. 241/2005 Coll. on demonstrable loss in the public railway
passenger transport and on the definition of concurrent public passenger transport.
PART TWO
Amendment of the Act on road transport
§ 38
Act No. 111/1994 Coll. on road traffic, as amended by Act No. 38/1995
Coll., Act No. 304/1997 Coll., Act No. 132/2000 Coll., Act No. 150/2000
Coll., Act No. 361/2000 Coll., Act No. 175/2002 Coll., Act No. 320/2002
Coll., Act No. 577/2002 Coll., Act No. 103/2004 Coll., Act No. 186/2004
Coll., Act No. 1/2005 Coll., Act No. 229/2005 Coll., Act No. 253/2005
Coll., Act No. 411/2005 Coll., Act No. 227/2006 Coll., Act No. 372/2007
Coll., Act No. 124/2008 Coll., Act No. 130/2008 Coll., Act No. 250/2008
Coll., Act No. 274/2008 Coll., Act No. 227/2009 Coll. and Act No.
281/2009 Coll., is amended as follows:
1. In section 2, paragraphs 19 and 20 shall be deleted.
Paragraphs 21 and 22 shall be renumbered as paragraphs 19 and 20.
2. In section 4A(1). 1 the second sentence, the words "basic transportation"
replaced by the words "transport region".
3. In article 12, paragraph 2 shall be deleted.
Paragraphs 3 to 5 shall become paragraphs 2 to 4.
4. in section 12 paragraph 1. 2 (a). a), the words "supported financially by region or in the
the case of the urban bus service villages "are replaced by the words" operated
on the basis of public service contracts in passenger transport ^ 6e) ".
Footnote # 6e:
"6e) Act No. 194/2010 Coll., on public passenger transport services
and amending other laws. ".
5. § 12 para. 2 (b)) shall be deleted.
Subparagraph (c)) to e) shall become letters (b)) to (d)).
6. in section 17(2). 5, the words "the provisions of paragraphs 2 and 3 shall not apply"
replaced by the words "paragraph 3 does not apply".
7. in section 18 (a). (e)), the words "the name of the source and target link, with
city bus transportation only "be deleted.
8. section 19 to 19 c, including headings and footnotes # 13 be deleted.
9. in section 34 para. 1 third sentence, the words "and of the financing of the transport
services ' shall be deleted.
10. the following section is inserted after section 40b 40 c, which reads as follows:
' paragraph 40 c
The scope provided for in this law, the regional authority, the municipality of the capital
the city of Prague, magistrátům statutory cities and the municipal authorities of municipalities with
expanded authority is the exercise of delegated powers. ".
11. In § 41 para. 2, the words "of section 19(a)(1). 3, § 19 para. 3, § 19b paragraph 2.
6.0 ' shall be deleted.
PART THREE
Amendment of the Act on rail
§ 39
Act No. 266/1994 Coll., on rail, as amended by Act No. 189/1999 Coll.
Act No. 23/2000 Coll., Act No. 71/2000 Coll., Act No. 132/2000 Coll.
Act No. 77/2002 Coll., Constitutional Court, declared under no.
144/2002 Coll., Act No. 175/2002 Coll., Act No. 309/2002 Coll., Act No.
320/2002 Coll., Act No. 103/2004 Coll., Act No. 1/2005 Coll., Act No.
181/2006 Coll., Act No. 186/2006 Coll., Act No. 191/2006 Coll., Act No.
296/2007 Coll., Act No. 124/2008 Coll., Act No. 227/2009 Coll. and act
No 377/2009 Coll., is amended as follows:
1. in article 2, paragraphs 5 and 7 shall be deleted.
Former paragraph 6, renumbered 5 and paragraphs 8
and 9 shall become paragraph 6 and 7.
2. In section 34e of paragraph 1. 5, the words ' public service obligations ' shall be deleted.
3. In paragraph 36 (b). (h)), the words "the default and ' shall be deleted.
4. section 39 to 39d, including headings and footnotes # 7a and 7 c
shall be deleted.
5. In paragraph 41, the following paragraph 3 is added:
"(3) an approved timetable forward railway administrative Bureau Ministry of
transport, which leads to the needs of the public Nationwide information system
about timetables. ".
6. In § 52 para. 4) repealed.
The current designation of subparagraph (b)) shall be deleted.
7. in section 66 paragraph 1. 1 the words "§ 39 para. 8, § 39a para. 3, section 39b para. 2 "
shall be deleted.
PART FOUR
Amendment of the Act on the Czech railways, joint-stock company
section 40
In section 9 of Act No. 77/2002 Coll., on the Czech railways, joint-stock company, the State
the organisation Managing the railway infrastructure and on the amendment of Act No.
266/1994 Coll., on rail, as amended, and Act No.
77/1997 Coll., on the State of the enterprise, in the wording of later regulations, as amended by
amended, paragraph 2, including footnote # 4,
including links to a footnote, and at the same time shall be repealed;
designation of paragraph 1.
PART FIVE
The EFFECTIVENESS of the
§ 41
This Act shall take effect on 1 January 2000. July 2010 with the exception of
the provisions of § 33 para. 1 (b). (h)), which shall enter into force on 4 December 2004.
December 2010.
in z. Němcová in r.
Klaus r.
Fischer v. r.
Annex
Quality and safety standards
(I).
Information devices for passengers
1. the vehicle or vehicle combination providing public transport services
passengers shall be marked with at least:
and in public regular services) marking the lines laid down in the licence and
name of the target link, marking lines and destination stops on the forehead
the vehicle must be legible even in darkness,
(b)) in the public railway passenger transport, with the exception of track rope,
tramway, trolley bus and special name of the terminus (stop),
(c)) on a public railway passenger services operated on the tram track
or track trolley bus number or other designation of the line and the name of the
the terminus (stop).
2. vehicles accessible to passengers with reduced mobility
orientation must be marked with the international symbol of accessibility.
3. vehicles put into service after the date of entry into force of this Act
must be fitted with a device allowing the acoustic information
passengers.
II.
Transport of persons with reduced mobility
1. The vehicle must be reserved and marked with seating for
passengers with reduced mobility.
2. The vehicle must be allowed the transport of your stroller with a baby.
3. The vehicle must be allowed the transport of a guide dog accompanying
blindfolded person.
4. Vehicle as defined by the implementing regulation issued pursuant to § 8
paragraph. 4 must allow for the transport of persons with reduced mobility
orientation, including people in wheelchairs.
III.
Technical parameters of vehicles
The vehicle providing public passenger transport services in the public
regular services can collectively achieve no more than the average age of the
vehicles as defined in the implementing regulation issued pursuant to section 8
paragraph. 4.
1) European Parliament and Council Regulation (EC) No 1370/2007 of 23 April.
October 2007 on public passenger transport services by rail and by
Road and repealing Council regulations (EEC) Nos 1191/69 and 1107/70.
2) § 24 para. 2 Act No. 266/1994 Coll., on rail, as amended by Act No.
23/2000 Sb.
3) § 2 (2). 6 (a). a) Act No. 111/1994 Coll. on road traffic, in
amended by Act No 150/2000 Coll.
4) Act No. 118/1995 Coll. on inland navigation, as amended
regulations.
5) Article. 2 (a). m) European Parliament and Council Regulation (EC) No.
1370/2007.
6) Article. 5 (3). 2 and 4 to 6 European Parliament and Council Regulation (EC) No.
1370/2007.
7) Article. 2 (a). j) European Parliament and Council Regulation (EC) No.
1370/2007.
8) Article. 5 (3). 5 European Parliament and Council Regulation (EC) No.
1370/2007.
9) § 178 of the Act No. 500/2004 Coll., the administrative code.
10) Act No. 218/2000 Coll. on budgetary rules and amending
certain related acts (budgetary rules), as amended by
amended.
11) Article. 7 (2). 3 European Parliament and Council Regulation (EC) No.
1370/2007.
12) Article. 8 (2). 3 European Parliament and Council Regulation (EC) No.
1370/2007.
