The Amendment To The Railway Act And Other Laws

Original Language Title: změna zákona o dráhách a dalších zákonů

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103/2004 Sb.



LAW



of 11 December. February 2004,



amending Act No. 266/1994 Coll., on rail, as amended

legislation, Act No. 56/2001 Coll., on conditions for the operation of vehicles on

the road and on the amendment of the Act No. 168/1999 Coll., on insurance

liability for damage caused by operation of the vehicle and amending certain

related laws (the law on liability insurance

the vehicle), as amended by Act No. 309/1999 Coll., as amended

, and Act No 111/1994 Coll. on road traffic, as amended by

amended



Parliament has passed the following Act of the Czech Republic:



PART THE FIRST



The amendment to the Railway Act



Article. (I)



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., the finding of the Constitutional Court published under no.

144/2002 Coll., Act No. 175/2002 Coll., Act No. 309/2002 Coll. and act

No. 320/2002 Coll., is hereby amended as follows:



1. In section 2, paragraph 5, the following new paragraph 6 to 8, including

footnote 1a):



"(6) the public interest in the field of combined transport means the interest on the

the promotion of ecologically more economical mode of transport. Support the combined

transport in the public interest means a discount on the tax under the Special

legislation. ^ 1a)



(7) Transport by means ensuring the transport needs of citizens

on the territory of the county or the State in the public interest. In the framework of the transport

service the State provides basic transport. Region within the

a separate scope contribute to the transport of the region.



(8) a combined transport means transport of cargo using

one ride in addition to road or rail transport and waterborne transport.



1A) of section 12 of Act No. 16/1993 Coll., on the road tax, as amended by Act No.

102/2004 Coll. ".



Paragraph 6 is renumbered as paragraph 9 and notes

footnote No. 1a) and 1b) are renumbered as footnote 1b) and 1 c)

including references to footnotes.



2. in article 3, the following new section 3a is inserted:



' section 3a



(1) the European railway system is made up of conventional rail

system and the high-speed rail system. Means

the railway track on the territory of the Member States of the European communities

specified by a decision of the European Parliament and of the Council as part of the European

transport network, built or upgraded for high-speed

rail transport or for conventional rail transport and combined

rail transport and for rail vehicles operating on these rail systems;

the elements of the European rail system lays down detailed legal prescription.



(2) the railway track, which is operated by high speed rail

to the right is a track equipped for speeds above 200 km/h rail vehicles.

Railway track equipped for speeds up to 200 km/h rail vehicles

designed for passenger or freight transport, and combined transport is the distance

the conventional.



(3) the enumeration of railway tracks included in the European railway

the system shall notify the Ministry of transport communications in the collection of laws. ".



3. In section 22, paragraph. 1, the following point (g)), which read:



"(g)) to provide carriers access to services provided by the operator

the track in a manner that excludes the benefit of any of the carriers. The scope of the

the services provided by the operator of track lays down detailed legal

prescription. ".



4. In section 23, paragraph. 1 (a). and), after the words "licensed" shall be inserted after

the words "allocated capacity transport routes".



5. In section 23, paragraph. 2 (a). and the words "each year) to 31. December

the calendar year to notify the Administrative Office of the railway or railway free

the capacity of the infrastructure "shall be replaced by the words" at the latest 18 months before the

the validity of timetable to pass the přídělci path capacity (§ 34b

paragraph. 2) data on the nature and capacity of operated transport routes "and

the words "which are available for allocation to the carriers ' shall be deleted.



6. In section 24, paragraph. 4, after the words "valid", the words

"the path of the allocated capacity, in the case of rail transport on the

national or regional ", and the words" or a specific legal

prescription ", including footnote 5) are repealed.



7. In article 24, paragraph 4, the following paragraph 5 is added:



"(5) Rail transport on national or regional can operate,

If the negotiated price for the use of the runway under the price předpisů6)

fixed the way her remuneration. ".



The present paragraph 5 shall become paragraph 6.



8. In section 25, paragraph. 1, point (d)) shall be deleted.



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



9. In article 25, paragraph 2, including the footnotes no 6a) repealed and

at the same time, paragraph 1 shall be deleted.



10. In section 27a, paragraph. 3, after the words "in particular", the words, including

footnote No. 6a): "if entered into liquidation or has been

on his property is declared bankrupt or has been rejected, the proposal for a declaration of

bankruptcy on its property for lack of assets ^ 6a) or ".



6a) Act No. 328/1991 Coll., on bankruptcy and settlement, as amended

regulations. ".



Footnote No. 6b) is referred to as a footnote

6 g), including links to a footnote.



11. In section 27a shall be inserted after paragraph 3 a new paragraph 4 is added:



"(4) the carrier must have liability insurance

caused by operation of the rail transport. ".



The current paragraph 4 shall become paragraph 5.



12. In section 28 paragraph. 1 (e)) shall be deleted.



Subparagraph (f)), and (g)) shall become letters (e)), and (f)).



13. In section 28 paragraph. 1 (f)):



"(f)) for railways, tramway, trolley bus and special track design time

keeping the required connections and routes design lines, including stops for

entry and exit and destination stops, departure and destination ".



14. In section 30, paragraph. 1 (a). (d)), the words "and the range and frequency of transport"

shall be deleted.



15. In section 30, paragraph. 2, the second sentence shall be deleted.



16. In section 31, paragraph. 2, the words "or the time-keeping of the trains" are deleted.



17. In § 32 paragraph. 1, the last sentence shall be deleted.



18. For section 34, the following new section 34a to 34 g, including headings and

footnote No. 6b) up to 6f):



"§ 34a



License granted by a Member State of the European communities



(1) a Licence for the operation of the rail transport granted the authority of a Member State

Of the European Communities shall apply to the ^ 6b) the territory of the Czech Republic.



(2) if there is no license granted under paragraph 1, the period laid down

of validity, is obliged to examine the railway administrative office at least once a

five years of compliance with the conditions set out in the licence. If it finds the railway Board

the Office of the non-compliance with the conditions for the granting of the licence, shall forthwith inform the

its findings, the competent authority of the State which issued the licence.



(3) if the railway administrative Bureau issue, suspend, amend or withdraw the

license to operate the rail transport on the rail systems included in the

the European rail system, it shall inform the Commission of the European

^ 6b) community.



§ 34b



Path capacity allocation at national and regional



(1) the capacity of the infrastructure for the purposes of the operation of railway transport

means its usable capacity within the layout of the required routes

train routes in a specific period.



(2) the capacity of the infrastructure at the national and regional allocates

a person (hereinafter referred to as "přídělce"), which is



and) the railway infrastructure administration, ^ 6 c) in the case of the transport path

owned by the State,



(b)) the owner of the transport route, if it is on the path, which is not in the

the ownership of the State.



(3) if the capacity assigned to the infrastructure on the national and

regional přídělců, are these more persons obliged to mutually

cooperate and coordinate their activities in the interest of the efficient allocation of

the capacity of the transport route, which crosses one track. For this purpose,

These persons shall establish a joint body for the coordination of capacity allocation

traffic routes.



§ 34 c



Statement on the national and regional



(1) Přídělce after consultation with the operator tracks the latest processes

16 months before the validity of the Declaration of the track schedule ^ 6 d) and

publish it in the transport and tariff journal.



(2) the Declaration of the track must contain



and technical nature) infrastructure and its capacity for railway

transport,



(b)) the principles, criteria and conditions for the path capacity allocation

applicants, including procedures for lack of capacity,



(c)) the conditions for access to the path,



(d) the conditions for the allocation of capacity) traffic routes for a period in excess of

the validity of the timetable and principles of concluding framework contracts on the reservation

capacity with carriers,



(e)) the possibility of waiving the allocated capacity in its non-utilisation,



(f) the conditions for removal capacity) allocated to infrastructure in its

non-use or partial use of the, including price information for

non-utilisation of allocated capacity



g) price information for the path capacity allocation and determination

the prices for the use of transport routes,



h) requirements for an application path capacity allocation,



I) details about the limitations of path capacity allocation,



j) determination of the reserve capacity of the transport route for repairs and maintenance and for the
exceptional cases and the procedure for its use; a required component are

the deadline for the assignment.



§ 34d



(1) an application for the allocation of infrastructure capacity may be made by



and) a person who has a valid license,



(b)) a person established in another Member State of the European communities,

authorized to operate freight rail transport ^) on the rail systems included 6e

in the European rail system,



(c)), the International Association of authorised persons, where the person who is

part of the International Association, has a registered office in the territory of the Czech Republic.



(2) a request for the path capacity allocation serves a person referred to in

paragraph 1, přídělci at the time of publication of the statement on the runway at the latest

in the 12 months prior to the date of validity of the timetable.



section 34e



(1) the Přídělce allocates the path capacity, if the applicant has complied with the

the conditions for capacity allocation set out in a published Declaration of

the track and the capacity of the infrastructure allows it; While progresses, if

This is not a case pursuant to section 34f, so as to avoid favouring one

of the applicant. Přídělce is entitled to allocate capacity preferentially

the path to the applicant in the framework of public service obligations and whose basic

the business is public rail passenger transport. The capacity of the transport

path shall be allocated to the period of validity to the working timetable.



(2) the Přídělce allocates the path capacity at a price agreed according to the

price předpisů6) by establishing the framework of time for the routes of trains.



(3) if it is not possible to satisfy all the requirements applied on the

the path capacity allocation, is entitled to make přídělce

coordination of the requirements for applicants and suggest to all applicants within a reasonable

to the extent a different capacity of the transport route, which does not correspond in full

each of the applications.



(4) if the applicant does not agree with the carried out coordination requirements, it shall communicate its

opposition in writing within three days from the date of receipt of the proposal on the allocation of

the capacity of the transport routes přídělci. Přídělce ended, the opposition at the latest

within 10 working days from the date of service of the notice of opposition the applicant; on this

handling is not covered by the administrative code.



(5) the Unused capacity of infrastructure applicants in allocating přídělce

during the validity of the timetable according to the chronological order of applications for

capacity allocation; shall be allocated unused capacity transport

the path to the applicant that it intends to ensure the transport undertakings

public service and whose principal business is the public railway

to the right.



(6) on the emergency request for the allocation of infrastructure capacity, which

were submitted after the deadline provided for in section 34d paragraph. 2, přídělce to 5 answers

working days from delivery.



(7) the details of the allocation process lays down detailed legal prescription.



section 34f



(1) if the number of applications exceeds the capacity of the transport routes, is přídělce

shall be entitled to allocate the capacity of infrastructure as a priority an applicant whose

the main subject of activity is the



and rail transport) public to ensure the transport needs of the State or

public rail passenger transport to ensure the transportation of the territorial

the perimeter of the region,



(b) the freight railway transport) needs the export of Czech goods ^ 6f) or

for the Czech producers,



(c) international transit rail transport) and combined transport.



(2) the carrier cannot allocated capacity routes converted to other

of the person.



(3) the details of the allocation process lays down detailed legal prescription.



section 34 g



(1) the applicant for the path capacity allocation may, within 15 days from the

the publication of the statement – to ask the railway administrative Bureau of the

the review, including the criteria contained in it.



(2) the applicant for the allocation of infrastructure capacity, which přídělce

capacity has not complied with or the procedure under section 34e, is entitled to 15 days from the

delivery express pursuant to section 34e of paragraph 1. 4 ask the railway administrative Bureau of

review the process of path capacity allocation including its

the results and the way of setting prices.



(3) where the railway administrative Bureau incorrect processing

statement on the runway, including the criteria contained in it or in the process of

path capacity allocation including its results and how

the fixing of prices, decides to change the Declaration of the track including the criteria in

It contained or decide on the allocation of infrastructure capacity, including

the way of setting prices.



6B) European Parliament and Council Directive 2001/13/EC of 26 April 1999. 2.

2001, amending and supplementing the Council Directive (EC) 95/18/EC on the

the licensing of railway undertakings.



6 c), 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.



6 d) European Parliament and Council Directive 2001/14/EC of 26 April 1999. 2.

2001 on the allocation of railway infrastructure capacity, the levying of

charges for the use of railway infrastructure and safety verification.



6E) article 16 of Directive 2001/14/EC.



6F) section 2 (a). e) of Act No. 13/1993 Coll. Customs law. ".



The existing section 34a and 34b are referred to as section 34 h and 34i.



19. In section 34 h of paragraph 1. 1 at the end of the second sentence shall be deleted and the following dot

the words "at the time.".



20. In article 39, paragraph 1, including the footnote No. 7a) is inserted:



"(1) the public služby7a) in rail transport is formed on the basis of

a written contract, which closes with a carrier



and) region,



(b)), the Ministry of transport, in agreement with the Ministry of finance, and if

ensure the needs of the defence of the State, even after the agreement with the Ministry of defence

in the public interest to ensure the transport needs of the State.



7A) Article. 14 of Regulation No 1191/69 on the procedure of the Member States concerning the

liabilities related to the public service in transport by rail, road

and inland waterways. ".



Paragraphs 2 to 6 shall be deleted and paragraphs 7 and 8 shall be renumbered as

paragraphs 2 and 3.



Footnote No. 7a) is referred to as a footnote

No. 6 h), including links to a footnote.



21. In section 39b, at the end of paragraph 1, the following sentence "the State pays the cost of

the basic transport in the scope of the commitments to the agreements

public services; of the Treaty on public service obligations may be made only to the

the amount of funds provided to the basic transport

in the State budget for the calendar year. ".



22. In section 39b, paragraph. 2, the first sentence shall be replaced by the phrase "If the basic

transport of the territorial circumference of the region ensured the public railway

personal transportation, appropriations cannot be used to finance

another type of concurrent public passenger transport ".



23. In section 39b, the following paragraph 3 is added:



"(3) a local authority shall submit proposals to the security of the region availability

services in the public railway passenger transport and shall inform the country about the local

conditions of carriage and the transport needs in the public interest

the population of the village. ".



24. In the second subparagraph of section 40. 1 at the end of the first sentence shall be replaced by a comma and dot

added the words "under the path capacity allocated to applicants

by setting specific time routes of trains. "



25. In section 40 paragraph. 1, in the second sentence after the words "in transport" added dot

and the words "and is based on the request of the carriers and of the requirements of the authorities of the region in

carried over the scope of the continuous and regular operation of the rail transport

in the desired number and time keeping each of the trains, which will be

subject to public service obligations ' shall be deleted.



26. In section 40 paragraph. 1 the following sentence "the draft working timetable shall be

drawn up no later than 4 months after the deadline for transmission of applications

on the allocation of infrastructure capacity (section 34d (2)). ".



27. In article 40, paragraph 2 is deleted.



The former paragraph 3 shall become paragraph 2.



28. In the second subparagraph of section 40. 2, after the words "with the words" region "and with carriers

on the track "and the number" 120 "shall be replaced by the number" 180 ".



29. In article 40, the following paragraph 3, including the footnote.

7E):



"(3) the data of the current timetable of the processed after discussion of the draft

timetable with the region and with the carriers on the track passes the operator of railways in

the agreed range free of charge to the national information system on

timetables. ^ 7e)



7E) Decree No 388/2000 Coll., on public timetables regular personal

transport. ".



30. In section 43, paragraph. 4, in the third sentence, the words "in the case of a legal person, which

be determined by the Ministry of transport and communications "shall be replaced by the words" in the case of a legal person,

which is authorized by the person in charge of the Office for technical

Standardization, metrology and testing according to a special legal

^ code 7f), in agreement with the Ministry of transport ".



Footnote. 7f):



"7f) section 11 of Act No. 22/1997 Coll., on technical requirements for products,

in the wording of later regulations. ".



31. In § 47 odst. 4, the words "in the case of a legal person, to be determined by

The Ministry of transport and communications "shall be replaced by the words" in the case of a legal person,

which is authorized by the person in charge of the Office for technical

Standardization, metrology and testing according to a special legal
^ code 7f), in agreement with the Ministry of transport ".



Footnote No 7 d) is referred to as a footnote

No. 7 g).



32. As part of the fifth part shall be inserted after the sixth, including a title and

footnote No. 8a) and 8b):



"PART OF THE SIXTH



OPERATIONAL AND TECHNICAL INTERCONNECTION OF THE EUROPEAN RAILWAY SYSTEM



§ 49a



(1) operational and technical interconnection (hereinafter referred to as "connectedness")

the European rail system is its ability to allow the safe and

the uninterrupted movement of the overhead railway vehicles on European railway

the system.



(2) to ensure the connectivity of tracks included on the territory of the Czech Republic

in the European rail system must conform to these railways laid down

technical specifications of connectedness and meet the basic requirements for the

design and operating conditions.



(3) the technical specification of the connectedness of the common representative

the authority designated by the Commission. 8a) technical specifications of the interconnectedness of published

The Commission in the official journal of the European Union. ^ ^ 8b 8a))



(4) the structural and operational subsystems of the European railway system

and the essential requirements on the design and operating conditions are set by

the implementing legislation.



(5) the assessment of conformity or of suitability of use of each part of the

the connectedness of the subsystems of the European rail system is governed by the

special legislation. ^ 7f)



§ 49b



(1) the owner and operator of the railways, which is or becomes

part of the European rail system, is obliged in the construction or

the modernisation of the railways, construction on the runway, when it is put into use,

operation and maintenance to ensure compliance with the essential requirements

design and operating conditions and the technical specifications of connectedness.



(2) the authority shall issue an approval of Railway administrative authorization decisions

eligibility to use the newly built or upgraded tracks

the railway, which will become part of the European rail system for the

the conditions that the owner or operator shall submit the verification of

compliance with the essential requirements on the design and operating conditions and

the connectedness of the fulfilment of the technical specifications (hereinafter referred to as "verification of

conformity "). Verification of conformity issued by a legal person which is authorized by the

person in charge of the Office for standards, metrology and

testing with the agreement of the Ministry of transport under special

legislation. ^ 7f)



(3) the manufacturer of rail vehicles and the manufacturer specified technical equipment

are required to ensure that the design and technical condition of railway vehicles

and designated technical devices which are or become

part of the European rail system, to meet the essential requirements

on the structural and operating conditions and technical specifications

connectedness. On the approval of the technical competence of overhead vehicle and

the specified technical equipment shall be subject to the provisions of § 43, 44 and 47

of this law.



(4) the carrier is obliged to operate the railway transport on the track, which is

or will become part of the European rail system, only from the railway

the vehicle, which complies with the essential requirements on the design and operating

the conditions and the technical specifications of connectedness.



(5) on the conditions of operation of the overhead of the vehicle for which they are not

the technical specifications drawn up for the connectedness of the rail systems that are

part of the European rail system, shall decide on the request of the carrier

the railway administrative Bureau.



section 49 c



(1) the technical specifications of connectedness may not be observed



and in the construction of the new runway) or in the modernisation of the railways, which was

launched before the publication of the technical specifications of connectedness in the

The official journal of the European communities,



(b)) for reconstruction, extension or modernisation of the railways, if compliance with the

technical specifications of interconnectedness could threaten economic

implementation of the project and/or the compatibility of the system of pathways,



(c)) after the runway in connection with an accident or a natural disaster,

when due to the interest of the rapid renewal of the operation of rail transport on the

the track cannot be for economic or technical reasons require a compliance

technical specifications of connectedness,



(d)) for railway vehicles moving to and from the States, whose track gauge is

different from the gauge railways of the European rail system if the about

decides on a proposal from the Commission, of the Czech Republic.



(2) on behalf of the Czech Republic is the Ministry of transport.



§ 49d



(1) the operator shall maintain a register of each part of the runway of the subsystems

the newly built or modernized railways included in the European

the rail system. The carrier, which is part of the European

the rail system, maintain a register of rail vehicles used by

intended for movement on rail systems the European rail system. Way

the management of registers and information set out therein lays down detailed legal

prescription.



(2) the operator of a runway that is or becomes part of the European

the rail system, and the carrier on the runway, which is part of the European

the rail system, are required to annually to 31. December according to the

data from the registers kept by them to process information about the current status

tracks listed in the European rail system and the rail

vehicles designed for, and used to move on the rail systems of the European

the rail system. Information are required each year to 31. January

provide the railway or railway Office and publish it in the transport and tariff

journal.



(3) the information about the current status of the tracks included in the European

the rail system and the rail vehicles designed and used to

movement on the rail systems of the European rail system to be sent to the Rail Authority

each year, the authorities of the Member States of the European communities and to the joint

the representative of the authority delegated by the Commission. ^ ^ 8b 8a))



section 49e



The railway authority in the exercise of State supervision are supervised to ensure coherence

railway tracks intended for inclusion into the European railway system

When it is put into use and periodically every three months

examines whether in its operation and maintenance meet the structural and

the operational subsystems and their individual components of the basic requirements for

design and operating conditions and the technical specifications of connectedness.



8A) directive of the European Parliament and of the Council No. 2001/16/EC on the

the interoperability of the trans-European rail system.



8B) directive of the European Parliament and of the Council no 1996/48/EC on the operating

the connectedness of the high-speed railway transport. ".



The former part of sixth to eighth as part of the seventh through the ninth.



Footnote No. 8a) is referred to as a footnote

No. 8 c), including links to a footnote.



33. In § 50 paragraph 2 is added:



"(2) the railway administrative Bureau fined up to 500 000 Czk

the operators of the railways, which



a) communicated within one year before the filing of the application for revocation

official authorisation for the operation of Railways railway administrative Bureau and the owner of the

the track,



(b) fails to comply with the obligations imposed by §) 40 of this Act. ".



34. In section 56 (a). and) the words "Decides", the words "classification

the railway track in the category; ".



35. In section 56 (a). (c)), for the words "Overhead" shall be inserted after the words

"Rail inspection".



36. In article 58, paragraph 3 is deleted.



Paragraphs 4 to 6 shall be renumbered as paragraphs 3 to 5.



37. In section 62, paragraph. 4, after the words "separate accounts", the words

"and the separate accounting in accounting circuits for personal transport, railway

freight rail transport and activities, which were provided to the financial

resources from public funds ".



38. In section 62, paragraph. 4 at the end of the paragraph, the following sentence shall be added:

"Separate accounting in accounting circuits for personal transport, railway

freight rail transport and activities, which were provided to the financial

resources from public funds is carried out and the operator of the railway

transport, which is not at the same time by the operator. Financial resources

to operate a public rail passenger transport and means of operation

the track provided from public funds shall be kept separately and not

to convert to other activities. ".



39. under section 65 shall be added to § 65a, which including the footnote.

12A):



"§ 65a



The scope of the specified region referred to in this law, the performance of the transferred

the scope of the region. ^ 12a)



12A) Act No. 129/2000 Coll., on the regions (regional establishment), as amended by

amended. ".



40. In section 66 paragraph. 1, after the words "§ 3 (3). 1 ", the words" § 3a paragraph.

1 ", for the words" section 20 (2). 4 "is inserted after the words" § 22 paragraph 1(b). 1 (a). (g)) "

the words "§ 27a, paragraph. 4 "is inserted after the words" section 34e of paragraph 1. paragraph 7, section 34f.

3 ", for the words" § 47 odst. 2 "with the word" and "shall be replaced by a comma and the words" §

paragraph 48. 1 "with the words" § 49a paragraph. 4, paragraph 49d and section. 1. "



41. In section 20 (2). 3, § 21. 2 (a). and, section, paragraph 37). 7, § 39a paragraph. 2

(a). (b)), § 53 paragraph. 1, § 53a paragraph. 1, § 54 paragraph. 1, § 55, 56, 58

paragraph. 3 and 5, § 60 paragraph. 1, § 61, 63 and article 66, paragraph. 1, 2, 3, 4 and 5 are

the word "and" shall be deleted.



Article II



Transitional provisions to part the first



The credentials of a legal person for testing of rail vehicles released
The Ministry of transport under section 43, paragraph. 4 Act No. 266/1994 Coll., on

the railway, before the entry into force of this law and legal credentials

the technical inspections and tests specified technical equipment

issued by the Ministry of transport under section 47, paragraph. 4 Act No. 266/1994 Coll.,

of course, before the entry into force of this law shall remain in force

the period laid down in the mandate.



Article. (III)



For the publication of the full text of the Act



The Prime Minister is hereby empowered to make in the collection of laws, promulgated the full text

Act No. 266/1994 Coll., on rail, as derived from the laws of it changing.



PART THE SECOND



Amendment of the Act concerning the conditions of the use of vehicles on the road



Article IV



Act No. 56/2001 Coll., on conditions for the operation of vehicles on the road

roads and on the amendment of the Act No. 168/1999 Coll., on liability insurance

for damage caused by operation of the vehicle and on the amendment of certain related

laws (the law on the liability insurance of the vehicle), as amended by

Act No. 309/1999 Coll., as amended by Act No. 478/2001 Coll., Act No.

175/2002 Coll., Act No. 320/2002 Coll. and Act No. 193/2003 Coll., amending

as follows:



1. In section 2 (2). 10, in the first and the second sentence shall be replaced by the word "importer"

the word "representative".



2. In article 2, after paragraph 10, the following new paragraphs 11 and 12 shall be added:



"(11) the new vehicle is a newly manufactured vehicle, which has not yet been any

manner operated in the Czech Republic or in another State, nor was it

used to test or demonstrational purposes.



(12) the selling point is the place where they are made personal

cars exhibited or offered for sale or for rent

customers; This place means the fair and, if there are new

produced passenger cars offered to the public. ".



Paragraphs 11 to 13 shall become paragraphs 13 to 15.



3. In section 2, paragraph 13, the following paragraph 14 is added:



"(14) Declaration of conformity to European Community (hereinafter referred to as" EC

Declaration of conformity ") is a document issued by the manufacturer of the vehicle in

the position of the holder of the certificate of homologation of EC type. ".



Paragraphs 14 and 15 shall be renumbered as paragraphs 15 and 16.



4. In section 12, the following paragraph 3 is added:



"(3) the application shall be in the cases when the data subject to change is the replacement of the

a substantial part of the vehicle structure or mechanism, attaches

the acquisition of this part of the document and the Protocol on technical inspection carried out by

After changing this substantial part. ".



5. In section 13 (3). 2, the first sentence shall be inserted after the phrase, including notes

footnote No. 6a): "applications for permanent disposal of the vehicle from the registry

submit to the owner of the motor vehicle and the trailer, if not

in the case referred to in paragraph 1 (b). and the proof of), and its destruction, issued by

by a person authorised by a special Act. ^ 6a)



6a) Law No 185/2001 Coll., on waste and amending certain other

laws, as amended. ".



6. In article 13, the following paragraph 5 is added:



"(5) proof of the destruction of the motor vehicle and the trailer released

by an authorized person of a Member State of the European communities for the purposes of

decisions of the municipal office municipality with extended competence of the Permanent

the disposal of motor vehicle and the trailer from the registry of motor

vehicles are also valid on the territory of the Czech Republic. ".



7. In article 14, paragraph. 2 in the first sentence, the words "submit registration

road motor vehicle and the trailer to the designation of the record

concerning the permanent disposal of the road motor vehicle and the trailer from

the registry "shall be replaced by the words" submit a technical pass road

the motor vehicle and the trailer to the designation of the record of the cancellation

the technical competence of the road motor vehicle and the trailer

the vehicle, the designation of the invalidity of the technical licence road

the motor vehicle and the trailer, and to indicate the permanent record

the disposal of road motor vehicle and the trailer from

registry. ".



8. In section 15(2). 1 the word "importer" shall be replaced by "representative".



9. In section 24 shall at the end of paragraph 2, the period is replaced by a comma and the following

the letters m and n)) are added:



"m) to ensure that, for each of the newly manufactured passenger car was in

point of sale in order to raise the awareness of the persons in their

the sale included persons that new car offered for sale or

rent, label and poster with information on fuel consumption and emissions

COŹ2 contained in the certificate of homologation of this type of vehicle; dimensions,

the contents of the label and poster and their location in the sale of a road vehicle

lays down detailed legal prescription,



n) to ensure that promotional material for newly manufactured personal

the car was clearly information about the fuel consumption and

COŹ2 emissions contained in the certificate of homologation of the type of the vehicle and in the

the case of the placing at least two types of newly manufactured passenger cars and

data on fuel consumption and emissions for all types of COŹ2 newly

produced passenger cars or compare their fuel consumption

solids. ".



10. In paragraph 2 of section 31 is added:



"(2) on the request for the approval of the technical competence of individually produced

a road vehicle is covered by section 30. The application shall be accompanied by

technical protocol issued by the testing station and the Protocol on technical

inspection, if it is a vehicle that is subject to regular mode

technical inspections in accordance with section 40. A technical Protocol shall be evidenced by

meeting the conditions imposed in the decision to permit the production and fulfillment

technical requirements laid down in the implementing regulation,

the Protocol on technical inspection shall be evidenced by the technical competence

vehicles for use on the road. ".



11. In section 35, paragraph 1 reads:



"(1) the local authority municipalities with extended competence shall decide on the approval of the

technical competence individually imported road vehicles,

If the vehicle has been granted the certificate of homologation of EC type, on the

vehicle design changes have been made, and the vehicle is newly

produced and available to the EC declaration of conformity. Unless the newly

produced by the vehicle, you can decide on the approval of its technical

eligibility, if the technical protocol issued by the testing station

There is evidence that its corresponds to the homologation granted EC type. ".



12. In section 35, paragraph. 2 (a). (b)) at the end of the dot is replaced by a comma and

the following words "in the case of road vehicles of the members of diplomatic missions

does not require compliance with the conditions of not exceeding the period that has elapsed since the first

registration of a road vehicle in another State at the date of issue of the uniform

Customs declarations ".



13. In article 35, the following paragraph 6 is added:



"(6) in the case of road vehicles of members of the diplomatic missions of the Ministry

on the basis of the international dohody4), grant a derogation from the technical

the requirements referred to in paragraph 5, provided that



and the owner of a road vehicle) when their diplomatic missions

up the road from the Czech Republic, or



(b)) another Member of the diplomatic mission requests the registration of this road

register vehicles. ".



14. § 54 including title:



"§ 54



Permission to operate a technical inspection station



(1) technical inspection Station is dedicated to workplace

carrying out technical inspections of road vehicles.



(2) technical inspection Station can operate legal or natural

the person who has granted permission for its operation and the certificate

issued by the regional authority. Competent to decide on the grant of permission is

the regional authority in whose area the operator station

technical checks to carry out their activities.



(3) the applicant may grant regional authority only if it is the intention of the

technical inspection station operated in accordance with the established way

and the scope of coverage of the activities of the technical administrative circuit stations

checks. To grant permissions to a legal claim does not arise.



(4) Regional Office, if the condition referred to in paragraph 3, shall be

the applicant permission to operate the station under the technical control

other conditions:



and the applicant, the statutory authority) or members of the statutory body of legal

persons 18 years of age, are eligible for legal capacity and integrity,



(b) the applicant must be legally) or economically linked to the production, sale

or repair of vehicles or their components, so that simultaneously

the manufacture or repair of vehicles or their components, for which it calls for the granting of

permission to operate a technical inspection station, all the time

the operation of the station's technical control,



(c)) the applicant meets the conditions of impartiality, independence and credibility

According to the implementing legislation,



(d)) the applicant shall ensure that the inspection technical inspection station

carried out only by persons of good repute who are holders of a professional certificate

the control technique,



(e) a request for the grant of permission) contains the prescribed formalities and the positive

the opinion of the competent authorities in accordance with § 55 paragraph. 2.



(5) For an impeccable for the purposes of this Act shall not be the one who was

been sentenced for a criminal offence committed intentionally to nepodmíněnému

imprisonment in duration of at least one year, for the crime of

committed intentionally, the merits of which are related to the business, or
for an offence committed through negligence, which is related to the merits of the

with the subject of business, if he does not look as if it was not

convicted. Integrity shall be evidenced by a statement of criminal records, to

the date of the document must not be older than three months.



(6) the types of technical inspection stations, the basic technical equipment,

construction, method of metrology equipment, type of assurance

and the extent of coverage of the activities of the administrative circuit stations technical inspection and

the conditions of impartiality, independence and credibility of lays down

legislation. ".



15. § 57 including title and footnote No 9a):



"§ 57



A certificate for the operation of technical inspection station



(1) technical inspection Station must have at the date of commencement of service

the certificate. The certificate shall be issued by the regional authority of deciding on the grant of

permission to operate on the basis of technical inspection station application

technical inspection station operator.



(2) the certificate shall certify, the regional authority of the operator of that station technical

checks



and) meets the conditions of competence of persons carrying out the operation of the

the station's technical control,



b) fulfils the conditions for the operation of this station

technical inspection,



(c)) has an internal organizational structure and of the quality management system for

carrying out technical inspections in technical inspection station

certified legal person in accordance with the agreed technical

^ 9a standards.)



(3) the certificate to commence the operation of the station's technical checks

be issued for a specified period (for 3 years).



(4) a copy of the certificate shall be sent to the Ministry of the regional authority.



(5) the method of verification of the fulfilment of the conditions for the operation of the station's technical

checks laid down detailed legal prescription.



9A) EN ISO/IEC 17025 General requirements for the competence of testing

and calibration laboratories.



ČSN EN ISO 9001 quality management systems-requirements ".



16. In section 59, the following point (c)), which read:



"(c)) if the time for which the certificate was issued to start

the operation of the station's technical control, and the operator at the end of this

the times was unable to get a new certificate. ".



17. In section 80 (2). 2 at the end of the letter r) dot is replaced by a comma and

the following letter), which read:



"with each year publishes guide on) fuel consumption and emissions, which is

available free of charge to consumers in retail places. ".



18. In section 80, paragraph 2, the following paragraph 3 is added:



"(3) Regional Office



and the grant award decisions and) withdrawal of permission to operate the station

technical inspection,



(b)), issue a certificate for the operation of the station's technical control. ".



Paragraphs 3 and 4 shall become paragraphs 4 and 5.



19. In section 80 (2). 4 the letter j) is repealed.



Letters k) and (l)) are referred to as the letters j and k)).



20. In section 80 (2). 4 (b). k), the words "technical inspection station and"

shall be deleted.



21. In section 80 (2). 5, after the words "special legal předpisu12)" the word

"and" is replaced by a comma and at the end of the first sentence, the words "location

the dimensions and the content label and poster with information on fuel consumption and

COŹ2 emissions in accordance with the implementing legislation for the sale of the newly

produced a passenger car and the compliance with the obligations of the manufacturer

provided for in section 24, paragraph. 2 (a). n) ".



22. In section 83, paragraphs 5 and 6 are added:



"(5) the regional office saves a fine up to $ 500 to the person who



and technical control station) runs without valid permission or

technical inspections of road vehicles before approving their

technical competence to operate on the road without

the authorization,



(b)) does not comply with conditions established in this law and implementing the legal

Regulation for the operation of the technical inspection station.



(6) Municipal Office municipality with extended powers saves the fine up to 500

USD person



and emission measurement station) runs without valid permission or

the certificate,



(b)) does not comply with conditions established in this law and implementing the legal

Regulation for the operation of the station to measure emissions. ".



23. In section 84, paragraph. 1, after the words "the Czech trade inspection" shall be inserted after

the words "Regional Office".



24. In section 84, paragraph. 2, the first sentence shall be inserted after the phrase "the fine imposed

the regional authority selects and enforced by the regional office. ".



25. In section 84, paragraph. 3, after the words "tv municipalities with extended competence"

shall be inserted after the words "the fines imposed and selected by the regional authority

This law are the income of the region ".



26. In section 87, first and second sentence, after the word "Ministry" shall be inserted after

the words "Regional Office".



27. In section 91, paragraph. 1, after the words "§ 19 paragraph. 5 and 8 ", the words" § 24

paragraph. 2 (a). m) ", the words" section, paragraph 57. 3 "shall be replaced by the words" § 57, paragraph.

5. "



28. In section 2 (2). 4, § 90 of the paragraph. 1 and section 91, paragraph. 4, the words "and communications"

shall be deleted.



Article. In



Transitional provisions to part two



Technical inspection station operator, which operates the station

technical checks on the basis of a valid permission to operate and

certificate to start the operation of the technical inspection station is required to

no later than two years from the application of this Act to demonstrate district

the Office, the documents required for the issue of a certificate to start the operation

technical inspection station. If the operator fails to comply with this obligation,

the existing permission shall cease to be valid on the expiry of the last day of the period

set of documents to support the regional authority. If the operator fails to comply with

the station's technical inspection conditions laid down by law for the issue of

certificate to start the operation of the technical inspection station, will launch

Regional Office management immediately about the withdrawal of permission to operate the station

technical checks.



PART THE THIRD



Amendment of the Act on road transport



Article VI



Law 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. and Act No 577/2002 is amended as follows:



1. In article 2, after paragraph 18, insert a new paragraph 19, which read:



"(19) Transport by means ensuring the transport needs of citizens

on the territory of the county or the State in the public interest. In the framework of the transport

service the State provides basic transport. Region within the

a separate scope contribute to the transport of the region. ".



Paragraphs 19 and 20 shall be renumbered as paragraphs 20 and 21.



2. In section 19 (1) including footnote No. 13):



"(1) an obligation to provide public services ^ 13) in public regular services

arises on the basis of a written contract, which closes with a carrier.



13) Article. 14 of Regulation No 1191/69 on the procedure of the Member States concerning the

liabilities related to the public service in transport by rail, road

and inland waterways. ".



Paragraphs 2 and 3 shall be deleted and paragraph 4 shall be renumbered as

paragraph (2).



3. In paragraph 3 of section 19 reads as follows:



"(3) the public service obligation ^ 13) in public regular services on

the basis of a written contract, which concludes the region with the carrier for the purpose of

ensuring transport services territorial region. ".



4. In article 19, paragraph 4 reads:



"(4) when the contract for the region of the public service obligation shall ensure that

transport connections ensure the interconnection of the public line

railway passenger transport with public transport ".



5. In article 19a, paragraph. 1, the last sentence shall be replaced by the phrase "the State pays

the basic transport in the scope of the commitments to the agreements

public services; of the Treaty on public service obligations may be made only to the

the amount of the financial resources provided for in the State budget to the

the calendar year ".



6. In article 19a, paragraph 2 shall be added:



"(2) the County shall be responsible for ensuring the interconnection of individual lines

and communications and their link to the public railway passenger transport. ".



7. In section 19a of the following paragraphs 3 and 4 are added:



"(3) if the primary transport of the territorial circumference of the region secured

public railway passenger transport, budget resources cannot be used on

the financing of other kind of concurrent public passenger transport. Detailed

the legislation lays down what is meant by the operation of parallel public

personal transport.



(4) a local authority shall submit proposals to the security of the region availability

services in public regular services and inform the local region

transport conditions and on the public interest on the transport needs of the

the population of the village. ".



8. In section 19b of paragraphs 1 and 2 shall be added:



"(1) the demonstrable loss in public regular services make up the difference between the

the sum of the economically eligible costs incurred by the carrier on the performance

public service obligations and reasonable profit relating to these

costs and revenues between the sales and achieved by the carrier in meeting

public service obligations.



(2) the demonstrable loss resulting from the carrier, the obligations of the public

the services shall be borne by the county from its budget, if it is about ensuring the transport

public service national regular services or lines

urban public regular services, which provide services within

public service outside the territory of the town. ".



Paragraphs 2 to 5 shall become paragraphs 3 to 6.
9. In section 19b paragraph. 3, in the second sentence, the words "Transport Authority or

The Ministry of transport and communications "shall be replaced by the word" County ".



10. In section 19b paragraph. 6, the words "from the respective budgets" are replaced by the words

"the budget of the region".



11. In section 22, paragraph. 5 for the second sentence of the third sentence shall be inserted:

"The Ministry of transport may remove credentials, if the person

does not comply with the conditions laid down in the mandate or in the agreement ADR. ".



12. In article 23, paragraph 2, the following paragraph 3 is added:



"(3) the obligation referred to in section 23, paragraph. 1 (a). j) also applies to the body

to ensure the unloading of dangerous goods (hereinafter referred to as "the recipient"). ".



The former paragraph 3 shall become paragraph 4.



13. In section 23, paragraph. 4, after the word "carrier", the words "and the recipient".



14. under section 33, the following new section 33a to 33d, as follows:



"§ 33a



(1) whoever operates on the territory of the States of the European Community, from the territory of

Member State of the European Community (hereinafter referred to as "Member State") to

the State, which is not part of the European Community (hereinafter referred to as "the third

the State "), or vice versa for part of the journey on the territory of the Member State



and motor freight transport) road vehicles, whose international

the total weight exceeds 6 tons or their payload

exceeds 3.5 tonnes, or



(b) personal motor transport) road international coaches, must have

the license of the European Community in accordance with Council Regulation (EEC) No.

881/1992 on access to the market in the carriage of goods within the community

on the territory or from the territory of a Member State or passing through the territory of one

or more Member States, as amended by the Council regulation of the European Parliament

and Council Regulation (EC) no 484/2002 or in accordance with Council Regulation (EEC) No.

684/92 on common rules for the international bus transport

passengers, as amended by Council Regulation No. 11/1998 (hereinafter referred to as

"eurolicence").



section 33b



(1) an entrepreneur in road international transport applications

eurolicenci in the case of the transport office responsible for issuing opinions on the

the concession.



(2) traffic on the basis of the application, the Office shall check whether the conditions are met

for the operation of international road transport and the appropriate number of

vehicles and if it does not detect the fact that these terms are in

violation, shall issue to the operators in the international transport by road no later than

the deadline of 15 working days from the date of receipt of the original

eurolicence sounding on the name of the carrier. This issue does not apply

the administrative code. In addition to the original Office of transport entrepreneurs eurolicence issue

in road international transport so many numbered copies, eurolicence

How many vehicles in the road transport sector for the operation of the international

road transport reported by the transport authority under section 9 (2). 3 (b). (d))

and for which it has demonstrated the financial condition of eligibility.



(3) if the entrepreneur does not meet the conditions for the operation of road transport

international transport laid down in this law, the transportation authority will launch

administrative proceedings and issue a decision refusing the eurolicence.



(4) the costs shall be borne by the carrier with the release of eurolicence.



§ 33 c



Transport authorities are obliged by 15. January of each year

to provide the Ministry of transport data on the number of holders of eurolicencí to

31 December of the preceding year and the number of certified true copies issued by them

eurolicencí.



§ 33d



(1) If an entrepreneur in road transport to operate international

freight transport in Member States used as driver of the citizens of the third

State, these drivers must be holders of a driver's certificate under regulation

The European Parliament and of the Council EC No 484/2002 of 1 August 2002. March 2002,

amending Council Regulation (EEC) No 881/92 and (EEC) No 3118/93 for the

the purpose of introducing a driver attestation (hereinafter referred to as "driver's certificate").



(2) a driver attestation shall be issued by the competent authority for the issue of transport

eurolicence each entrepreneurs in road international transport, which

is the holder of the certificate and eurolicence driver asks for the reason

that employs the driver from third States or are such drivers to

available. Along with the original receives entrepreneur in road transport

a copy of the driver attestation. On the issue of the certificate shall not apply to the administrative

of procedure. The cost of issue of the certificate shall be borne by the carrier.



(3) when changing the conditions that led to the issuance of the certificate, is an entrepreneur in the

road transport obligated to return the driver's certificate. ".



15. § 35b including title:



"§ 35b



The collection of deposits



(1) the authorities of the police of the Czech Republic in the implementation of the checks referred to in

the provisions of section 37, paragraph. 1 of this Act are entitled to in the event that the

It is a carrier, who has his domicile or registered office outside the territory of the Czech

Republic, choose the deposit, in the range from 10 to 50 0.0-CZK 0.0 CZK

According to the seriousness of the breach of the obligation.



(2) if the driver Fails, that for the purposes of collecting deposits in checking always

He represents the carrier the bail, the police authorities of the Czech

of the Republic shall be authorized to order the driver to ride to the next, in terms of

Security and the flow of traffic on the roads, a good place to

where the vehicle is, withhold documents to the vehicle and the driver to load and

prohibit the continuation of the journey. The costs associated with the driving of the vehicle into the space

weaning shall be charged to the carrier. The liability of the carrier for the vehicle, cargo

and transported persons is not affected.



(3) the driver of the vehicle can continue to run after the payment of the required deposit

a driver or carrier, or upon payment of the fine, the public transport authority. On

the place of payment of the bail or fines will be issued to drivers withheld documents.



(4) in selecting the deposit are the police of the Czech Republic are obliged to issue the

the receipt of the deposit receipt to the driver, write up in four copies

about detected violations of the Protocol, and learn about it, the carrier is obliged to

to express, no later than within two weeks to the competent

the transport authority, in the Czech language. A copy of the Protocol

receives the driver of the vehicle, the second shall be retained by the authority of the police of the Czech Republic and

the remaining two copies shall forward along with the bailouts and the documents to the vehicle and the cargo

no later than the following working day of the transport Office in the place of the scope of the

the authority of the police of the Czech Republic. The pattern of the receipt of the deposit receipt shall adjust the

the implementing legislation.



(5) proof of receipt of the deposit shall be issued in the Czech language. In the document of

the takeover of the security deposit shall be mentioned, where it will be conducted by a Board of management of the

liable to a fine.



(6) Delivery to the stored representation of bail, or appearance of the negotiations in the

working days or time, is initiated by the administrative management of the fine. After

carried out by the management of a fine shall deposit either returns or reallocated on

payment of a fine, which shall be specified in the resolution. Fails to

body to which the deposit, has been deposited in the required time, or

fails to act, the administrative management of the fine, the deposit is started without

the next forfeit and is income of the authority with which it should be guided by the administrative

management of the fine.



(7) a proceeding in respect of the deposit is in the Czech language. ".



16. In article 36 paragraph 2 and 3 shall be added:



"(2) in determining the amount of the fine and the deposit account shall be taken of the severity,

the importance and duration of the infringement and to the extent caused by

damage.



(3) the fine imposed by the Office of transport and deposit are forfeited income

Government Unit, part of which is the Office of transport. The fine imposed

According to this law, other authorities are the income of the State budget. "



17. In section 37 paragraph 3 reads:



"(3) the authority of the Police of the Czech Republic, if it is not a procedure in accordance with

the provisions of section 35b of the Act, and the authorities referred to in paragraph 2 are

obliged to notify the competent transport infringements discovered the authority. ".



18. In section 40 c, the words "regional authority" shall be replaced by the word "region".



19. In section 2 (2). 17, § 5 (3). 1 (a). (b)), section 10 (1). 1 and 2, section 11 (2).

1, section 12 paragraph. 1, section 12 paragraph. 2 in the first and the second sentence of § 13, § 14 paragraph. 1

and 2, § 15, § 16 (a). (e)), section 17, paragraph. 1, 2, and 3, § 18b, paragraph. 2, § 19b

paragraph. 4, section 22, paragraph. 4 and 5, § 29. 2, section 30, paragraph. 1 in the first and second

sentence, section 31, paragraph. 1, § 32 paragraph. 1, § 33, § 34 paragraph. 1 in the first, second and

the third sentence of the paragraph, section 35. 1, 2, 3, 4 and 6, section 35a, paragraph. 1, § 36 odst. 1, §

paragraph 38. 1 and 4, § 39a paragraph. 1 and 2 and article 41 paragraph 2, the words "and communications"

shall be deleted.



PART THE FOURTH



The EFFECTIVENESS of the



Article. (VII)



This Act shall take effect on the date of the entry of the Treaty of accession of the Czech

Republic to the European Union.



Zaorálek in r.



Klaus r.



Spidla in r.

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