The Amendment To The Railway Act

Original Language Title: změna zákona o dráhách

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134/2011 Sb.



LAW



of 3 July 2003. May 2011,



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

legislation, Act No 634/2004 Coll., on administrative fees, 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, 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., Act No.

377/2009 Coll. and Act No. 194/2010 Coll., shall be amended as follows:



1. In article 1 (1). Part 1 introductory provisions:



"This law incorporates the relevant provisions of the European Union ^ 1), at the same time

follows on directly applicable European Union ^ 1a) and edits ".



Footnote No. 1 and 1a is added:



"1) Council Directive 91/440/EEC of 29. July 1991 on the development of railways

The community.



Council Directive 95/18/EC of 19 July 1999. June 1995 on the licensing of

the railway undertakings.



European Parliament and Council Directive 2000/9/EC of 20 July 1998. March 2000

the cable rail systems for the transport of persons.



European Parliament and Council Directive 2001/12/EC of 26 April 1999. February 2001,

amending Council Directive 91/440/EEC on the development of railway enterprises

The community.



European Parliament and Council Directive 2001/13/EC of 26 April 1999. February 2001,

amending Council Directive 95/18/EC on the licensing of railway

businesses.



European Parliament and Council Directive 2001/14/EC of 26 April 1999. February 2001

on the allocation of railway infrastructure capacity, charging for

of railway infrastructure and safety certification.



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

about the safety of the community's railways and amending Council Directive 95/18/EC on the

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

allocation of railway infrastructure capacity, charging for railway

infrastructure and safety certification (directive on

railway safety).



European Parliament and Council Directive 2004/51/EEC of 29 June. April

2004 amending Council Directive 91/440/EEC on the development of railways

The community.



European Parliament and Council Directive 2007/58/EC of 23 December 2003. October 2007,

amending Council Directive 91/440/EEC on the development of the community's railways

and Directive 2001/14/EC on the allocation of railway infrastructure capacity

and charging of railway infrastructure.



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

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

the railway system in the community.



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

on the interoperability of the rail system within the community.



Commission directive 2009/131/EC of 16 December 2002. October 2009 amending

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

the interoperability of the rail system within the community.



1A) European Parliament and Council Regulation (EC) no 1371/2007 of 23 April.

October 2007 about the rights and obligations of rail passengers.



Commission Regulation (EU) No 36/2010 of 3. December 2009 about masters

Driver's license for the community, additional certificate, certified

copies of complementary certificates and licence application form

the driver according to the directive of the European Parliament and of the Council

2007/59/EC ".



2. In section 2, the following paragraph 8 is added:



"(8) a person established on the territory of the Czech Republic is the person entitled

business on the territory of the Czech Republic in accordance with the commercial code, which is

registered in the commercial register or the business or organizational component

the enterprise located in the territory of the Czech Republic is registered in the commercial

Register. ".



3. In section 3a, paragraph 1 reads:



"(1) Track nationwide is part of the European rail system.

The elements of the European rail system lays down detailed legal

prescription. ".



4. In section 3a, paragraph 3 is deleted.



5. In article 24, paragraphs 4 and 5 are added:



"(4) cross-border passenger rail transport is transport, which

the operation is exceeded the State borders of the Czech Republic and the

the dominant purpose is to transport people between two or more Member

States of the European Union.



(5) to operate passenger rail transport on the track may be a legal or

a natural person who



and) is established on the territory of the Czech Republic, except in the case of a person established

in the Member State of the European Union engaged in cross-border passenger rail

transport,



(b) is the holder of a valid licence) with the exception of the operation of railway transport on the

the track ropes and



(c)) has concluded a contract with the operator of railways on the operation of the railway

transport, if the operator and the carrier one person. ".



6. In section 24 shall be inserted after paragraph 5 a new paragraph 6 and 7 are added:



"(6) to operate the freight railway transport on the track may be a legal or

a natural person who



and is the holder of a valid licence) with the exception of the operation of railway transport on the

the track ropes and



(b)) has concluded a contract with the operator of railways on the operation of the railway

transport, if the operator and the carrier one person.



(7) to operate railway services on national or regional can

natural or legal person who



and) meets the conditions referred to in paragraph 5, if this is about personal railway

transport, or the conditions referred to in paragraph 6, in the case of freight rail

transport,



(b) holds a valid certificate) is a carrier,



(c)) has the capacity of infrastructure and



(d)) has agreed a price for the use of the runway under the price regulations and established

its method of remuneration. ".



Paragraph 6 is renumbered as paragraph 8.



7. In the heading of section 34a, section 34a, paragraph. 1 and 3, in section 34 h of paragraph 1. 5, section 43b, paragraph.

2 (a). and, § 49 c) in the paragraph. 1 (a). and, § 52) in the second subparagraph. 6 the introductory section, section

52 paragraph. 6 (a). m), § 53b paragraph. 5 and § 55 paragraph. 3, the words

"European Community" shall be replaced by the words "European Union".



8. § 34 c at the end of paragraph 2, the period is replaced by a comma and the following

Letter to), which read:



"the definition of a system of financial incentives) for the přídělce and the carrier to

ensure that defects on the route and increase its

throughput for the purposes of the negotiation of the Treaty on the operation of rail transport;

the system may include fines and remuneration. ".



9. In section 34d paragraph 1 reads:



"(1) an application for the allocation of infrastructure capacity may be made by a person who

is the holder of a valid licence. ".



10. In section 34d, the following paragraph 3 is added:



"(3) a person who is not established in the territory of the Czech Republic and intends to bring

request for the path capacity allocation for the purpose of operating the

cross-border passenger rail transport, shall notify this fact to the

not later than 2 months prior to the filing of a request in accordance with paragraphs 1 and 2, přídělci

the operators of the railways, if not přídělcem, and the Administrative Office of the railway or railway.

The notification must contain the definition of the capacity of transport routes, which will be

ask, and the definition of the route of the train, including the stops outside the territory of the Czech

of the Republic. The railway administrative Bureau shall forward the notification without undue delay

The Ministry of transport, the regions and the carriers on the route

operate a personal rail transport on the basis of the Treaty on public services

in the carriage of passengers ".



11. the following shall be added in section 34e paragraphs 7 and 8 shall be added:



"(7) the applicant under section Přídělce and 34d, paragraph. 1 may conclude a framework

the agreement defining the properties and the path capacity range

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

of the order. Conclude a framework agreement can be for a maximum period of 5 years; to extend the

into force of a framework agreement for a period longer than 5 years is possible, if the applicant

pursuant to section 34d paragraph. 1 during this time, the obligation to provide transport to the

the basis of the contract or made investments in large scale

rail vehicles for transportation.



(8) the framework agreement shall not exclude the use of other transport routes

carriers. The framework agreement shall not include arrangements which would exclude

amendment to the agreement. ".



12. the following section is inserted after section 34i 34j:



"section 34j



(1) at the request of the Ministry of transport, the region or the carrier on the

transport road transport passenger railway operates on the basis of the Treaty on

public services in passenger transport, or of the person who made the

notification pursuant to section 34d paragraph. 3, decides whether the railway route Administrative Office

the train, which is or should be assigned to, is a cross-border railway passenger

transport, pursuant to section 24, paragraph. 4. the Ministry of transport and the regions, through which the

the territory of the cross-border route leads train railway passenger transport, in

the management of the institutions concerned under the administrative procedure, if you have not submitted a request to the

According to the first sentence. Decision of the administrative authority shall notify the railway also concerned

authorities and přídělci.



(2) in assessing the overriding purpose of the rail transport will take into account the administrative

the Office, in particular,



and the length of the train on the route) in the Czech Republic compared with the total
the length of the route of the train,



(b)) the number of stations and stops on the route of the train on the territory of the Czech Republic in

compared with the total number of stations and stops on the route of the train and



(c) the estimated number of passengers), who could make use of the train on the route

on the territory of the Czech Republic, in comparison with the estimated number of

the passengers, who could make use of the train on the entire route, with a view

on the importance of transport stations, the size of the settlements, in which they are located, and on the

their catchment area. ".



13. In section 35, paragraph. 1 at the end of the text of the letter b), the words ",

the issuance and withdrawal of the driver's certificate and change the data in it

listed and period of validity of the certificate of a driver ".



14. In section 35, paragraph. 1 (a). (e)), after the words "railway vehicle", the words

"on the runway, a special tram, trolley bus, cable car and the train" and

the word "proceedings" shall be inserted after the words "overhead".



15. In section 35 is at the end of paragraph 1, the period is replaced by a comma and the following

letter h) is added:



"(h)) to ensure that the rail vehicle on the national and regional

governed by persons who have a valid driver's license and valid

the driver's certificate. ".



16. In section 43, paragraph. 1, after the words "vehicle licence" shall be

the words "; This does not apply for vehicles referred to in section 43b, paragraph. 1. "



17. In section 43 at the end of paragraph 3 the following sentence "If the application is filed

at the same time in several Member States of the European Union, the rail works

Administrative Office with the competent authorities of these Member States. ".



18. In section 43 shall be inserted after paragraph 4, a new paragraph 5 and 6 are added:



"(5) the Office shall issue to the railway administrative licence for railway vehicle

that meets the technical specifications of the connectedness of the valid at the time of entry

into service of vehicles on the basis of the certificate of conformity, which authorized

the person confirms the fulfillment of all the requirements of the structural subsystems

of the vehicle.



(6) If the vehicle has been issued for railway EC declaration of verification

the subsystem, shall issue to the railway administrative Bureau a licence on the basis of the

Verify that the rail vehicle fulfils the conditions



and technical interconnection between subsystems) of the vehicle,



(b)) and the technical coherence of the vehicle,



(c) the safe integration of the subsystems of the vehicle) into the railway system and the



d) technical requirements not included in the technical specifications

connectedness, which concern the technical coherence of the vehicle and

a specific pathway. ".



Paragraphs 5 and 6 shall be renumbered as paragraphs 7 and 8.



19. In section 43, paragraph 7, the following paragraph 8 is added:



"(8) a final decision in the matter of the approval and the changes on the rail

vehicle railway administrative Bureau Announces the European Railway Agency. ".



The present paragraph 8 shall become paragraph 9.



20. In section 43, paragraph. 9, the last sentence shall be deleted.



21. In section 43b, paragraph 1 reads:



"(1) the railway vehicle, whose technical competence has been approved in

Member State of the European Union and which meets all the conditions

technical specifications of interconnectedness, can operate in the Czech Republic

without the certificate of eligibility on the railway, included in the European

the rail system, which are connecting by the technical

interconnection specifications and subject to the conditions specified therein. ".



22. In section 43 b after paragraph 1 the following paragraph 2 is added:



"(2) a Rail vehicle, whose technical competence has been approved in another

Member State of the European Union and which does not fulfil the conditions provided for in § 43

paragraph. 6 or of paragraph 1, can operate at national or

on the basis of the decision of the regional type-approval of a vehicle or overhead

on the basis of certification of overhead vehicle, which issues a

the railway administrative Bureau after examination and verification of the technical documentation

the railway or railway vehicle or vehicle type. ".



Paragraphs 2 to 4 shall be renumbered as paragraphs 3 to 5.



23. In section 43 b of paragraph 1. 3, the words "referred to in paragraph 1" shall be replaced by "referred to in

paragraph 2 ".



24. In section 43 b of paragraph 1. 3 (b)):



"(b)) technical information on vehicle operation and maintenance record, if it is about

the vehicle, which was not issued EC declaration of verification of the subsystem ".



25. In section 43 b of paragraph 1. 3, the letter b) the following new point (c)), which read:



"(c)) a copy of the technical documentation to accompany the EC declaration of verification

the subsystem of the vehicle, in the case of a vehicle which has been granted EC

Declaration of verification of the subsystem ".



Former points (c) and (d))) shall become points (d) and (e)).)



26. In section 43 b of paragraph 1. 4, the words "referred to in paragraph 2 (a). (c)) "shall be replaced

the words "in accordance with paragraph 3 (b). (d)) ".



27. In section 43 b after paragraph 4, the following paragraph 5 is added:



"(5) in the case of overhead of a vehicle according to paragraph 2, which meets all the

the conditions of the technical specifications of connectedness, assesses the railway Board

the Office only



and the fulfillment of the conditions of the technical coherence) vehicles and tracks,



(b)) the fulfillment of the technical operational requirements on the design

overhead vehicle not included in the technical specifications of connectedness,

concerning technical interconnection of the vehicle and concrete runways,



(c)) whether any part of the rail system does not allow this operation

vehicle. ".



The present paragraph 5 shall become paragraph 6.



28. In section 43 b of paragraph 1. 6, the words "referred to in paragraph 2 (a). (c)) "shall be replaced

the words "in accordance with paragraph 3 (b). (d)) ".



29. In section 43 b, the following paragraph 7 is added:



"(7) an overview of the technical operating requirements for design

overhead vehicle, not included in the technical specifications

of connectedness, as assessed from the railway administrative authority referred to in paragraph 5,

lays down detailed implementing legislation. ".



30. in the second part of the fifth head over to section 45 shall be inserted after the words:



"Part 1



The management overhead of a vehicle on the runway, a special tram, trolley bus,

rope and a siding ".



31. In section 45, paragraph. 1 the words "(hereinafter referred to as" proceedings ") shall be replaced by the

track tramway, trolley bus, special, rope and a siding ".



32. In section 45, paragraph. 1, 2, 4, 5 and 8, § 46 and section 52, paragraph. 1 (a). (d))

the word "proceedings", the words "overhead".



33. In article 45, paragraph 7 shall be deleted.



The present paragraph 8 shall become paragraph 7.



34. In section 46 (a). and the word "), the", the words "management overhead

the vehicle ".



35. In the second part of the fifth title for episode 1 part 2 shall be inserted, which

including title and footnote No. 5 c) is added:



"Part 2



The management overhead of the vehicle on the national and regional



§ 46b



(1) the Control of railway vehicle on the national and regional can only

persons with a valid driver's license and a valid certificate

the driver.



(2) the driver's Licence granted by the authority of another Member State

The European Union shall apply to the territory of the Czech Republic, if the holder of the licence

younger than 20 years.



(3) the driver's Certificate is valid on the runway or its part for the species

rail vehicles and the method of their use which are listed therein.



(4) a person without a valid certificate, the driver can drive rail

vehicle on the national and regional only under the supervision of the person,

that is the holder of a valid certificate of a driver for the runway

or in part, if



and disturbing) rail transport or maintenance of railways requires

a diversion of rail transport, which provides the operator of railways,



(b)) as a one-time ride the historic train



(c)) of an exceptional one-off ride the freight train,



(d)) of the delivery or a trial or demonstration journey of a new type of train

or the propulsion of the vehicle, or



(e)) of the driving training or examination of the management overhead of the vehicle.



(5) the ride vehicle controlled overhead by a person without a valid certificate

the driver must inform the carrier in advance. In

the cases referred to in paragraph 4 (b). b) to (e)), this notice must be

done at least 24 hours before driving. With an exceptional one-off ride

the freight train, the infrastructure manager must give its assent.



(6) a person without a valid driver's license can drive the rail vehicle

on the national or regional only under the supervision of a person who is

possession of a valid certificate of a driver for the runway or its

part, the kind of vehicle and the manner of its use, and only in the case of

Schedule training or test management overhead of the vehicle.



Section 1



Driver's license



section specifically



The issue of licences



(1) the driver's License issue railway administrative Bureau at the request of the physical

to the person who



and) has reached 20 years of age and provided for education,



(b)) is a reliable vehicle to control overhead under section 46,



(c)) is physically or mentally disabled eligible to manage the overhead of the vehicle,



(d)) has demonstrated professional competence for the management of general overhead

of the vehicle and for the performance of the activities of the driver and



(e)) paid an administrative fee to the Administrative Office of the railway or railway.



(2) the period of validity of driver's licence is 10 years.



(3) Implementing legislation provides for a minimum degree of progress

education.



§ 46d



Medical fitness



(1) the applicant shall demonstrate medical fitness medical opinion issued by the

doctor racing preventive care and judgement of traffic psychological

examinations issued by the psychologist.
(2) the implementing legislation lays down the conditions for eligibility, health

the scope, content and way of performing medical examinations and transportation

a psychological examination for the issuance of the report, diseases, defects or conditions

which exclude or makes the health eligibility, method of evaluation

health and medical content, critique and transport

psychological examinations and the period of its validity.



§ 46e



The general competence of the



(1) the general competence of the applicant, the evidence of successful completion of the

tests before the Commission appointed railway administrative authority. The Chairman of the

the Commission must be an employee of overhead administrative office.



(2) the Commission shall draw on the outcome of the test protocol, which its President

transmit without undue delay, notify the Administrative Office and the railway or railway results

the test to the applicant.



(3) a general exam proving professional competence can

the applicant, who graduated from the training for obtaining the relevant knowledge,

skills and procedures.



(4) demonstrate the General professional competence by examination is not required

If the applicant has pursued before submitting an application for the issue of licences

the driver with the driver's activity continuously for at least 3 years.



(5) Implementing legislation establishes the scope and content of the basic general

knowledge, skills and procedures necessary for the management overhead of the vehicle

and the performance of the activities of the driver, the scope, content and method of implementation

test method of evaluation of the results of the test, the formal and content

the elements of the Protocol on the outcome of the tests, the number of members of the Commission, the requirements

the members of the Commission and the scope and content of the training.



§ 46f



Periodic medical examination



(1) the holder of a driver's license is required to submit to regular

a medical examination to verify whether his health condition.



(2) medical opinion shall refer the physician who carried out the survey, the holder of the

licences and the Administrative Office of the railway or railway.



(3) Implementing legislation provides for the scope, content and method of execution

the medical examination for the issuance of the report, diseases, defects or conditions that

exclude or makes the health eligibility, method of evaluation

medical fitness, the contents of the medical opinion and the period of validity of the

and the frequency of regular medical examinations.



§ 46g



Duplicate and replacement of licence



(1) the loss, theft, damage or destruction of a driver's license is

the holder shall without undue delay notify the railway or railway administrative

the Office. Without undue delay after notification issue railway administrative Bureau

the driver of the confirmation of the loss, theft, damage or destruction

the driver's license. Confirmation is replaced by a lost, stolen,

damaged or destroyed driver's licence and its validity is 30

days since its release.



(2) For a lost, stolen, damaged or destroyed license

the driver to the driver shall be drawn up on the basis of a written application

the railway administrative Bureau within 20 days from the date of submission of the request a duplicate license.



(3) if there is a change in the driver's licence, shall issue to the railway

the Administrative Office to the driver on the written request of a new license

the driver. The applicant must demonstrate the change data and the payment of an administrative

of the fee. End date of validity of the new licenses must match the

the date of expiry of the licence, which is being replaced.



(4) the holder of a driver's license is required to when taking a new license

the driver or its duplicate cast railway or railway administrative Bureau

the existing licence or a certificate of loss, theft, damage or

the destruction of the driver's license, if he was released.



§ 46h



The withdrawal of the driver's license



(1) the administrative authority shall withdraw the licence of railway driver to the person who



and no longer meets the condition of reliability) to control the overhead of the vehicle

under section 46,



(b)) no longer fulfils the condition of health, or



(c)) of the withdrawal requested.



(2) if the railway administrative authority is aware of circumstances giving rise

reasonable doubt about the health, order the licence holder

the driver submit to a review of medical competence in the

deadline, and if threatened the safety of rail transport,

suspend the licence until the implementation of the review.



(3) to review the health eligibility section 46d shall apply mutatis mutandis.



(4) an appeal against a decision taken under paragraph 2 does not have suspensory effect.



Section 2



Certificate driver



§ 46i



Issue of certificates



(1) a certificate of a driver shall issue, at the request of the carrier to a natural person,

which



and it is in the basic working) relationship with a carrier,



(b) is the holder of a valid license) to the driver and



(c) special support) demonstrated capacity for



1. the management of a specific kind of overhead of the vehicle,



2. management of the defined paths or their parts and



3. use of the Czech language to the extent necessary for the management of overhead

the vehicle in the territory of the Czech Republic.



(2) the period of validity of the certificate, the driver provides carrier in accordance

with internal regulation issued pursuant to § 35 paragraph. 1 (a). (b)).



(3) the carrier shall define the path in the driver's certificate or part thereof,

types of rail vehicles and their use, for which the certificate is

valid.



§ 46j



Special professional competence



(1) the special competence of the applicant, the evidence of successful completion of the

theoretical and practical tests before the Commission appointed by the carrier in

accordance with the internal regulation issued pursuant to § 35 paragraph. 1 (a). (b)).

At least one member of the Commission may not be in the basic working relationship to

carriers.



(2) the carrier is obliged to announce the composition of the Administrative Office of the railway or railway

a test of the Commission and the place, date and time of the test at least 5

working days before the advance.



(3) knowledge of the Czech language does not verify if the mother tongue

the applicant's English language.



(4) exam demonstrating special competence can

Only applicants who have received training for obtaining the relevant

knowledge, skills and practices.



(5) Implementing legislation lays down the scope and the content of the detailed

knowledge, skills and procedures referred to in paragraph 1, the scope, content and method

the implementation of the test, the method of evaluation of the results of the test and the scope and content of the

training.



§ 46 k



Regular examination in special professional competence



(1) the holder of a driver's certificate is required to be within the time limits

established internal regulation issued pursuant to § 35 paragraph. 1 (a). (b))

subject to regular examination in special professional competence. Time limits

for regular examination must not exceed 3 years.



(2) Periodic examination in special professional competence is the holder of the

the driver's certificate must submit, if longer than 1 year

He held the driver's activity on the stage or part of the path.



(3) for the regular examination in special professional competence applies section

46j mutatis mutandis.



§ 46l



The withdrawal of the driver's certificate



(1) a carrier shall withdraw the driver's certificate to the person who



and) ceased to be a holder of valid driver's license,



(b)) no longer meets the condition of professional competence, or



(c)) of the withdrawal requested.



(2) if the carrier is aware of the facts giving rise to the reasonable grounds for

doubts about the special professional competence, order the holder of the certificate

the driver submit to examination in special professional competence in the

deadline, and if threatened the safety of rail transport,

suspend the validity of the certificate, pending the implementation of the examination.



(3) For the examination in special professional competence applies to section similarly 46j.



(4) an appeal against a decision taken under paragraph 2 does not have suspensory effect.



§ 46 m



The expiry of the certificate, the driver



(1) the driver's Certificate ceases to be valid if the finished base

employment relationship between the carrier and the holder of the certificate

It has issued. The certificate holder shall immediately notify their basic

employment administrative authority and the railway or railway passes the certificate

the driver of the issuing carrier.



(2) When their basic employment passes to the carrier

the holder of the certificate a copy of the certificate and all documents evidencing

completed the training and the test compound.



§ 46n



Recognition of special professional competence



(1) the carrier when the driver recognizes the certification at the request of

special competence in a range of theoretical and practical tests

or regular examination in special professional competence, which

the applicant graduated from the previous employer if



and the applicant graduated from: test) or regular examination subject to

the driver's certificate pursuant to section 46i paragraph. 3,



(b)) has not expired at the date of the application period for the regular examination

According to § 46 k of paragraph 1. 1 and



c) prior to the application the applicant has pursued the activity driver for

defined the runway or its part without interruption or interruption does not exceed

1 year.



(2) if there is no negotiated agreement with the employee qualification, the carrier is

after issue of the certificate shall be obliged to pay the driver the previous

the employer, for which the holder of the certificate, he graduated from the theoretical and

the practical exam or regular examination in special professional
eligibility, a proportion of the costs incurred by the employer on the

the training referred to in section paragraph 46j. 4 If the



and acknowledged the special competence) referred to in paragraph 1 and



(b)) the basic employment relationship with previous employer was

of employment of the employee by notice or agreement.



(3) the costs referred to in paragraph 2 shall include the costs actually incurred by the

training necessary for passing the theoretical and practical tests, or

the last regular examination in the extent to which the test has been

or examination recognized. Proportion of the costs shall be determined so that the difference

between the deadline for regular examination, expressed in calendar

days, and the number of calendar days, after which the work in this period lasted

the ratio to the previous employer, be divided by the deadline for regular

the examination, expressed in calendar days; the resulting value is

multiplied by the total cost referred to in the first sentence.



(4) the carrier shall, within 1 month from the issue of a certificate of a driver

previous employer in writing invite the holder of the certificate to

He showed the proportion of the costs referred to in paragraphs 2 and 3, if acknowledged

special professional qualifications referred to in paragraph 1. The payment of proportional part

the cost of the prior employer will, within three months from the

delivery of all documents, unless agreed otherwise.



§ 46o



Training



(1) the training referred to in section paragraph 46e. 3 and § 46j paragraph. 4 can only provide

natural or legal person which accreditation was granted to the

the pursuit of this activity from the railway administrative Bureau.



(2) the accreditation grant railway administrative Bureau legal or natural person,

that shows that the



and the business licence holder),



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

in which shall be defined by the Organization, the extent and the way of the implementation of the training, including the

control system,



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

sufficient expertise and experience and training will be

provide persons who are holders of a valid driver's license and

the driver's certificate,



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

the provision of training,



(e) ensure the provision of) has a practical part of the training on the railway

vehicles and



(f) the administrative authority) the railway or railway paid an administrative fee.



(3) a person that has been granted accreditation to provide training,

required to



and provide training by) plan,



(b) ensure the training of professionally) eligible persons and



(c)) have throughout the period of operation of its activities, the right to use

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

These facilities and equipment all the time available and the



(d) ensure the provision of practical part) training on railway

vehicles.



(4) the Railway administrative office shall withdraw the accreditation for the provision of training to the person

that repeatedly violated or rough way the obligations referred to in paragraph

3.



(5) the Railway administrative Bureau shall publish in a manner enabling remote access

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



Section 3



Surveillance and registries



§ 46p



(1) if the railway administrative authority finds that the holder of the licence to the driver

issued by a competent authority of another Member State of the European Union has stopped

comply with the health condition of eligibility, request this authority to

a review of the medical fitness of the holder or of the suspension

the validity of the licence. If the compromised the safety of rail transport, disables the

the railway administrative Bureau licensed driver management of railway

vehicles up to the time when the competent authority referred to in the first sentence shall communicate its

decision. An appeal against the ban on the management overhead of the vehicle does not have suspensory

effect.



(2) if the requested authority railway administrative Bureau, will examine the request and in the

a period of 28 days from its receipt shall communicate its decision to the applicant

the authority, the European Commission and the competent authorities of the Member States of the European

the Union.



(3) if the railway administrative Bureau with a decision by the authority of another

the Member State of the European Union referred to in paragraph 1, it shall transmit the matter

To the European Commission. Overhead vehicle driving ban imposed in accordance with paragraph 1

in this case, can be extended to the issue of the decision of the European Commission.



(4) if the railway administrative authority finds that the holder of the certificate

the driver stopped to satisfy the condition of professional competence,

request of the carrier or operator of the railways, which issued the certificate of

the examination in special professional competence of the holder of the certificate or the

the suspension of the validity of the certificate. If it is compromised the safety of the railway

transport, disables the railway administrative Bureau to the holder of a certificate of a driver

control of rail vehicles up to the time when the carrier or operator

the track shall communicate its decision. An appeal against the ban management overhead

the vehicle does not have suspensory effect. At the same time about this prohibition shall inform the European

the Commission and the bodies which licences may be issued to the driver in the other

States of the European Union.



(5) the procedure referred to in paragraphs 1 and 4 shall notify the railway administrative authority without

undue delay, the European Commission and the competent authorities of the Member States

Of the European Union.



§ 46q



The carrier is obliged to carry out regular monitoring activities

drivers, which issued the certificate. If in the

as a result of checks on doubts about the health of a driver

or if the temporary incapacity of a driver for more than 3

for months, the carrier shall notify this fact immediately to the railway or railway administrative

the Office.



section 46r



(1) the registration of data on persons who have been issued a license

the driver is included in the register of licences, which is the information

the system of public administration by other legislation. By the administrator

Register of licences railway administrative Bureau. The railway administrative Bureau

regularly updates the information kept in the register.



(2) the carrier shall maintain and regularly updated register of data about people,

which issued the certificate to the driver, in the register of certificates

drivers, which is the information system according to public administration

another piece of legislation.



(3) the information held in the registers provided for in paragraphs 1 and 2, the format of the data,

access rights to the registers, the procedure for the exchange of data, the retention period

the data and procedure in the event of bankruptcy, the carrier provides for the directly applicable

Regulation of the European Union ^ 5 c).



5 c) Commission decision 2010/17/EC on the adoption of the basic parameters for the

registers of licences and complementary certificates according to the train drivers directive

2007/59/EC ".



36. In section 49 c of paragraph 1. 1, letter a) the following new subparagraph (b)), which read:



"(b)) in the approval of a new type of overhead or modernisation of the vehicle, if the

the railway administrative Bureau received an application for type-approval or the modernisation of

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

Journal of the European Union ".



Letters b) to (d)) shall be renumbered as paragraphs (c) to (e)).)



37. Article 49 c of paragraph 2 is added:



"(2) the railway administrative Bureau notified the European Commission of the cases of non-compliance with

technical specifications of connectedness in the construction of the new runway or its

modernisation in accordance with paragraph 1 (b). and) or when a new type-approval

or the modernisation of the overhead of the vehicle referred to in paragraph 1 (b). b).“.



38. In section 49 c, the following paragraphs 3 and 4 are added:



"(3) the Railway administrative Bureau shall inform the European Commission of the list of projects

referred to in paragraph 1 (b). and (b))), which are in an advanced stage of development, to the

one year after the entry into force of the technical specifications of connectedness.



(4) If when placing the structural subsystems of the European railway

the system into operation are not fulfilled the technical specifications of connectedness,

notify the railway administrative Bureau of the European Commission



and the reason for the non-application) of the technical specifications of connectedness,



(b) technical and operating characteristics) of the design and

overhead vehicle



(c) the authorized person) shall consider the requirements of the

the structural subsystems. ".



39. In section 49d of paragraphs 3 and 4 are added:



"(3) the information on the vehicle, which is designed for operation on the runway

national or regional, the owner of the vehicle provides overhead

The railway or railway Office within 15 days of the entry into service of vehicles, or if

to change the name of the enrolling in the registry data of rail vehicles, within 15 days from the

the emergence of the changes.



(4) the data from the register of rail vehicles and the data from the registry part of the

the railway authorities of the Office of the subsystems provides the Member States of the European Union,

that lead to registry the registry part of the rail vehicles and subsystems and

authorities of the Member States of the European Union, which carried out the survey

the causes of the occurrence of accidents in railway transport, in a manner enabling remote

access. The rail authority, on the basis of a reasoned request shall provide the data

held in the register of rail vehicles the European Railway Agency,

the operators of the railways, shippers and other parties listed in the register. ".



40. In paragraph 4 of section is 49e:



"(4) where a Railway Authority, that a structural subsystem, for which it was

verification of conformity is issued or of suitability for use is not fully in accordance with the

the technical specifications of connectedness, or does not meet the basic
requirements for the design and operating conditions, shall decide on the imposition of

the protective measures which will prevent further use of the structural

subsystem, and the implementation of an additional assessment of conformity by an authorized

person. The decision referred to in the first sentence and its justification shall notify the Railway

the Office, without undue delay to the European Commission. ".



41. In section 49e paragraph 5 reads:



"(5) for the structural subsystem are not issued technical

specification of connectedness, or it was decided about the exception under section 49 c

paragraph. 1 or the operation of the structural subsystem requires compliance with

technical requirements, which are not part of the technical specifications

connectedness, builds a Railway Authority for the operation of the structural

an overview of the technical requirements of the subsystem design

overhead vehicle and an overview of the construction and technical conditions of operation

and provide it to the European Commission. ".



42. In § 51 paragraph. 1 (a). (h)), the words "section 24 paragraph. 4 "shall be replaced by the words" §

24 paragraph. 5 (a). (b)) (a). 6 (a). and) ".



43. In § 52 paragraph. 1 the following point), which read:



"and the railway transport) runs contrary to section 24, paragraph. 5 (a). a),“.



Letters and) to f) is renumbered as subparagraph (b)) to (g)).



44. In § 52 paragraph. 1 in subparagraph (f)), the word "or" is deleted.



45. In section 52 is at the end of paragraph 1, the period is replaced by a comma and the following

the letters h) to (j)) are added:



"(h)) does not ensure in accordance with § 46i paragraph. 1 certification

the driver,



I) does not perform in accordance with § 46q regular control activities

drivers, which issued the certificate to the driver, or



j) locks in accordance with section 46r of paragraph 1. 2 management and regular updating

the register of certificates of drivers and providing the information from this

Register in accordance with regulation directly applicable European Union ^ 5). ".



46. In § 52 paragraph. 2 (a). and the words ") section 24, paragraph. 4 "shall be replaced by the words" §

24 paragraph. 7 (b). (b)) ".



47. In section 52, paragraph. 2 in point (e)), the word "or" is deleted.



48. In § 52 paragraph. 2 at the end of subparagraph (f)), the dot is replaced by ",

or "and the following of the letter g) is added:



"(g)) does not give written notice under section 34d paragraph. 3 přídělci or railway or railway

the administrative authority. ".



49. In section 52, paragraph. 12 (a). and the words ") referred to in paragraph 1 (b). and) "

shall be replaced by "referred to in paragraph 1 (b). (b)) ".



50. In § 52 paragraph. 12 (a). and the words ") paragraph 2 (b). b), c), (d), (e)))

or (f)) "shall be replaced by the words" paragraphs 2 (a). b), c), (d)), e), (f) or (g))) ".



51. In section 52, paragraph. 12 (a). (b)), the words "paragraph 1 (b). b), c), (d), (e)))

or (f)), "are replaced by" paragraph 1 (b). and (c))), d), (e)), f), (g)). "



52. In section 52, paragraph. 12 (a). (b)), after the words "paragraph 1 (b). and (c))), (d)),

(e)), f), (g)), ", the words" h), (i) or (j))) ".



53. In paragraph 66. 1 the words "§ 43, paragraph. 5 "shall be replaced by the words" § 43, paragraph.

7. "



54. In paragraph 66. 1, after the words "§ 43a paragraph. 5.0 ", the words" § 43 b

paragraph. 7. "



55. In section 66 paragraph. 1 the words "section, paragraph 45. 8 "shall be replaced by" section, paragraph 45.

7. "



56. In paragraph 66. 1, after the words "section, paragraph 45. 7.0 ", the words" section specifically

paragraph. paragraph 3, section 46d. 2, § 46e paragraph. 5, § 46f paragraph. 3, § 46j paragraph. 5. "



Article. (II)



Transitional provisions



1. authorisations for placing in service railway or railway vehicle granted foreign

the carrier prior to 19. July 2008 on the basis of international agreements, which

the Czech Republic is bound to remain in force.



2. Valid certificates to control overhead vehicle issued before

date of entry into force of this Act shall authorize the management overhead of the vehicle

on the runway, according to the existing national and regional legislation



and transportation) across the State border to 31. December 2011,



(b)) in the national transport until 31 December 2006. December 2015.



3. The holders of a valid certificate of eligibility to the management overhead of the vehicle,

who carry out the activities of drivers on the national or

regional, may apply to the railway administrative Bureau for the issue of licences

driver's cab



and overhead) for the management of the vehicle in transport across state lines until 31 December 2006.

October 2011,



(b)) for the management overhead of the vehicle in the national transport until 31 December 2006. December

2014.

The application shall be accompanied by a report that shows the health eligibility under

Act No. 266/1994 Coll., as amended, effective the day of the entry into force of this

law, and it is not older than 3 months. The railway administrative office shall issue the applicant,

who is eligible, the driver's license.



4. The holder of the driver's license, issued in accordance with section 3, the carrier will issue

the driver's certificate without demonstrating specific professional competence,

If



and it is in the basic working) relationship with the carrier and



(b)), from the driver's licence, within more than 1 year.

In the driver's certificate shall be defined by the carrier or its part, the types of

railway vehicles and their use, for which the certificate is valid,

According to the kind and the type of overhead vehicle referred to in the licence

management overhead of a vehicle, issued pursuant to the Act No.

266/1994 Coll., as amended, effective the date of effectiveness of this Act. Card

management overhead of the vehicle shall expire on the date of issue of the

certificates issued in accordance with Act No. 266/1994 Coll., as amended effective from

date of entry into force of this Act.



PART THE SECOND



Amendment of the Act on administrative fees



Article. (III)



Under item 58 of Act No 634/2004 Coll., on administrative fees, as amended by

Law No. 217/2005 Coll., Act No. 228/2005 Coll., Act No. 357/2005 Coll.

Act No. 361/2005 Coll., Act No. 444/2005 Coll., Act No. 545/2005 Coll.

Act No. 553/2005 Coll., Act No. 48/2006 Coll., Act No. 56/2006 Coll.

Act No. 57/2006 Coll., Act No. 81/2006 Coll., Act No. 109/2006 Coll.

Act No. 112/2006 Coll., Act No. 130/2006 Coll., Act No. 137/2006 Coll.,

Act No. 137/2006 Coll., Act No. 159/2006 Coll., Act No. 179/2006 Coll.

Act No. 186/2006 Coll., Act No 215/2006 Coll., Act No. 226/2006 Coll.

Act No 227/2006 Coll., Act No. 235/2006 Coll., Act No. 309/2006 Coll.,

law no 575/2006 Coll., Act No. 106/2007 Coll., the Act No. 261/2007 Coll.

Act No. 269/2007 Coll., Act No. 374/2007 Coll., Act No. 379/2007 Coll.

Act No. 38/2008 Coll., Act No. 130/2008 Coll., Act No. 140/2008 Coll.,

Law No. 182/2008 Coll., Act No. 189/2008 Coll., Act No. 230/2008 Coll.,

Act No. 239/2008 Coll., Act No. 254/2008 Coll., Act No. 296/2008 Coll.,

Act No. 297/2008 Coll., Act No. 301/2008 Coll., Act No. 309/2008 Coll.,

Act No 312/2008 Coll., Act No. 382/2008 Coll., Act No. 9/2009 Sb.

Act No. 41/2009 Coll., Act No. 141/2009 Coll., Act No. 197/2009 Sb.

Law No. 206/2009 Coll., Act No. 227/2009 Coll., Act No. 281/2009 Sb.

Law No. 291/2009 Coll., Act No. 301/2009 Coll., Act No. 346/2009 Sb.

Act No 420/2009 Coll., Act No. 132/2010 Coll., Act No. 148/2010 Sb.

Act No. 153/2010 Coll., Act No. 160/2010 Coll., Act No. 343/2010 Sb.

Law No 427/2010 Coll., Act No. 30/2011 Coll. and Act No. 105/2011 Sb.

the letters are added to) and l) are added:



"to Release the driver's license) $ 500



l) accreditation to conduct Czk 3 000

training for obtaining a license

the driver and the certificate

the driver ".



PART THE THIRD



The EFFECTIVENESS of the



Article. (IV)



This Act shall take effect on the date of its publication, with the exception of the provisions

article. I, points 13 and 15, 30 to 35, 44, 45, 52 and 56, which shall

the effectiveness of day 1. January 2012.



Němcová in r.



Klaus r.



Nečas in r.

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