On Public Passenger Transport Services And Amending A Number Of Options. The Laws Of The

Original Language Title: o veřejných službách v přepravě cestujících a o změně někt. zákonů

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=71223&nr=194~2F2010~20Sb.&ft=txt

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.