23/2000 Sb.
LAW
of 18 July 2003. January 2000,
amending Act No. 266/1994 Coll., on rail
Parliament has passed the following Act of the Czech Republic:
Article. (I)
Act No. 266/1994 Coll., on rail, as amended by Act No. 189/1999 Coll.,
amended as follows:
1. In section 2 (2). 4, after the word "persons" shall be inserted after the word is deleted
"or" and the "the things" shall be inserted after the word "animals".
2. In article 2, paragraph 4, the following paragraph 5 is added:
"(5) the public interest in the field of public railway passenger transport means
interest in ensuring basic transport needs of the residents. On the application of
the public interest in ensuring transport services shall be decided by
the competent authority of the State administration or Government. ".
The present paragraph 5 shall become paragraph 6.
3. In section 3, paragraph 3. 1 (a). (b)), the words "which is coaster", the words
"the regional or".
4. In section 3, paragraph 3. 1 (a). (d)), after the words "used" is the word
"in particular".
5. in section 4, the following new Section 4a, including title and notes
line no. 1a) is inserted:
' Section 4a
Protection of railways
(1) No person shall without the permission of the operator of railways to carry out in the circuit
track activities, which are considered as a business, enter on the track and in the
the perimeter track to places that are not open to the public, if
special legislation ^ 1a) provides otherwise.
(2) all the places on the runway and perimeter track are closed to the public
with the exception of the
and the track and its circumference), if the track conducted after road,
(b)) and its circumference at the point of crossing the runway with roads,
(c) the space intended for the general public), platforms and access to them
and space in the buildings located within the perimeter of the track, if they
provision of services related to railway transport,
d) publicly available communications services in the purpose built track,
(e) free remote areas at least) 2.5 m from the axis of the extreme track.
1A), for example, Act No. 222/1994 Coll., on conditions for business and performance
State administration in the energy sectors and the State energy
inspection, as amended by Act No. 83/1998 Coll. ".
6. In section 5 (3). 2, after the word "buildings" including notes below
footnote No. 1b) the words "and the device ^ 1b)
1B) of section 71, paragraph. 2 Act No. 50/1976 Coll., on the territorial planning and building
Code (the building Act), as amended by Act No. 83/1998 Coll. ".
7. in section 5, the following new section 5a, including title and notes
line no. 2a) reads as follows:
"§ 5a
Contacts with foreign leadership
(1) for reasons of public interest with the track and the construction of the runway can interbreed or
socialize with energy, by distribution, collection, telecommunications,
where appropriate, the other networks of technical equipment that is not used to
the operation of railways and railway transport on rail systems (hereinafter "network
technical equipment "), so that the rights and obligations of the owners and
operators of these facilities have been secured in conformity with the rights and
duties of owners and operators of the railways and rail transport on the track.
(2) Network technical equipment can be placed in the perimeter of the rail
the track only on the basis of a written contract about the establishment of an easement
concluded between the owner and the owner of a network of technical equipment,
and for remuneration. In the absence of the conclusion of the contract, the property rights
limited special decision of the Building Authority. In the restriction
property rights special construction Office shall proceed in accordance with the Special
^ 2a) Act.
(3) at the crash site of the technical equipment placed in the circuit of the track is
the owner of a network of technical equipment required to promptly notify the
the operators of the railways this crash and the extent of the necessary work to its
the deletion. The owner of a network of technical equipment shall, in matters
concerning the railways follow the instructions of the operator and
to ensure the subsequent placing of the leg of the course to its original state, and
If this is not possible with regard to the nature of work performed, to the State
the corresponding original purpose or use of the leg.
(4) when a change of the construction of the runway or the construction of new railways, the client shall be borne by
the costs associated with the changes induced by the construction of networks of technical equipment
or change referred to in the decision of the special Building Authority.
(5) the owner of a network of technical equipment, which are located in the perimeter of the
the runway or runway in the protection zone and are in the range of the effects of rear
traction currents from the use of supply systems for railways, DC or
AC traction system, is obliged to ensure their operation,
maintenance and repairs so as to not become the cause of danger to life, health, or
the assets of the persons.
2A) of section 108 and following of Act No. 50/1976 Coll., as amended
regulations. ".
8. In section 6 (1). 1, in the second sentence, the words "and security".
9. In section 6 shall be inserted after paragraph 1, paragraph 2, including notes
footnote No. 2b) is added:
"(2) the extent and the way of crossing the railway track with security
ground communications in the level of the tracks, and the change is decided by the railway
Administrative Office after the previous observations of the competent authority of the Czech Police
of the Republic. The decision on the extent and the way the security crossing
It does not replace the permit issued by the administrative authorities pursuant to special laws
legislation. ^ 2b) the technical ways of crossing security provides detailed
prescription.
2B) for example, Act No. 50/1976 Sb. ".
Paragraph 2 becomes paragraph 3.
10. In section 7 paragraph 2 is added:
"(2) the Capacity of the construction of railways to use must be before the release
commissioning decision validated technical safety test. U
buildings, which in its character and purpose affect the conditions for safe and
the smooth operation of railways and railway transport, the railway provides administrative
the Office also in the building permit the introduction of trial operation. The scope and
the conditions of the technical safety tests and trial operation provides for the
the implementing regulation. ".
11. In article 9 paragraph 4 is added:
"(4) the owner of the property adjacent to the tram track or track
trolleybus in strictly necessary cases on the necessary time required to
for a one-time payment to tolerate restriction of ownership rights to its
property consisting in the location and operation of solid traction,
signalling or alarm devices. The decision on the limitation of
ownership rights and the amount of the payment issued to the operator of proposal
the tram or trolleybus railway administrative Bureau. The infrastructure manager is
When the location and removal of this device on a foreign real estate
specify the property in their work to its original state, and if it is not
possible with regard to the nature of work performed, to the State of the corresponding
original purpose or use of the property in question. ".
Footnote 4) is repealed.
12. In section 11 is at the end of paragraph 1, the period is replaced by a comma and the following
including footnote 5a) the words: "if it is registered in the commercial
Register. ^ 5a)
5A) section 3 (3). 2 of the Act No. 513/1991 Coll., the commercial code. ".
13. In section 12, paragraph. 1 (a). (b)), the words "the members of the statutory body"
replaced by the words "the statutory body or a member of the statutory body".
14. In section 12 at the end of paragraph 1, the period is replaced by a comma and the following
the letter c), which read:
"(c)), the applicant wishing to operate national and career path
regional, proves financial capacity to operate this track (§
14A). ".
15. In article 12, paragraph 2 shall be deleted and paragraph 1 shall be abolished.
16. In article 14, after the words "on the execution of the three-year practice of", the words "in the
management activities "and the words" about the execution of the five-year experience "
the words "control activities".
17. under section 14 shall be added to § 14a is inserted:
"§ 14a
(1) the financial capabilities to operate the tracks countrywide or tracks
regional rail operator means the ability of financially secure
the start and the proper operation of the railways to the needs of the smooth and safe
the rail transport.
(2) financial capacity proof
and a detailed budget on the business) the annual period in which
revenue from fees for the use of transport routes, track maintenance costs and
repair of tracks for the purpose of ensuring its operability and other costs
to ensure the operation of the railways must be listed separately, specifying
other commercial and operating revenue and payments, and the list of debtors and
creditors,
(b)) the volume of available financial resources, including the State Bank
accounts and loans
(c)) operating capital
(d) financial statements certified by the Auditor), including its annexes in full
the range, (statement of cash flows) in the event that the operator of railways in
the previous annual periods performed business activities.
(3) a more detailed breakdown of the data referred to in paragraph 2 and the method of their calculation
provides the detailed prescription. ".
18. In section 15(2). 1 at the end of the text of subparagraph (c)), the words "including
specify the beginning and end of the track, contact each other and zaústěných
building the length of the runway. "
19. In section 15(2). 1, point (d)) shall be deleted.
20. In section 15(2). 2 at the end of the text of subparagraph (a)) words "extract from the
criminal records must not be older than 3 months ".
21. In section 15(2). 2 at the end of the text of the letter b), the words "or
proof establishing legal persons ".
22. In section 15(2). 2 letter e) is added:
"(e) a document certifying the applicant's ownership) to the runway or a document
certifying the legal relationship of the applicant to the track, if the applicant is not the
the owner, ".
23. In section 15(2). 2, letter f) the following new paragraph (g)), which read:
"g) supporting evidence for the financial capacity, in the case of the applicant,
wishing to operate national or regional career path, ".
Letter g) is renumbered as paragraph (h)).
24. In section 16. 2, after the words "the safe operation of railways"
dot and the words "in particular, the condition for the rail operator to issue to date
the initiation of the operation of the railways, the internal rules of the Organization and
rail transport, about the competence of workers providing
the operation of railways, and the Organization of rail transport and to ensure their
compliance with "shall be deleted.
25. In section 16, the following paragraph 4 is added:
"(4) on the issue of an official authorisation is a legal claim.".
26. In section 17 (b). and), the words "the members of the statutory body" shall be replaced by
the words "of the statutory authority or the members of the statutory body".
27. In section 17 is at the end of subparagraph (c)), the words "including the identification of the beginning
and the end of the runway, the contact points mutually zaústěných railways and building the length of the
the track, ".
28. In section 17 (d)) shall be deleted.
Subparagraph (e)), f) and (g)) are renumbered as subparagraph (d)), e) and (f)).
29. In section 17 of the present text becomes paragraph 1 and the following
paragraphs 2 and 3 shall be added:
"(2) the operator is required to notify the railway or railway track to the Administrative Office of the
all changes concerning the data and documents, which are provided as a
requirements for an application for the issue of the official authorization under section 15, and submit the
These documents within 30 days after the change. The railway administrative Bureau under the
circumstances of the case decides to change the official authorisation or decides on the
cancellation of the official approval.
(3) the Railway administrative Bureau, on the basis of a reasoned request of the operator
the track decides to change the official authorisation, if there is a change
the facts on the basis of which it was decided to issue official
permission. ".
30. the title of section 18 reads: "cancellation and termination of the official authorization".
31. In section 18 at the end of subparagraph (d)) shall be replaced by a comma and dot is added
letter e), which reads as follows:
"(e) the date of cancellation).".
32. § 19 is repealed.
33. section 20 of the title:
"section 20
The obligations of the owner
(1) the owner of the track is required to ensure the maintenance and repair of the runway in the range
necessary for its uptime and allow contacts with other
lanes.
(2) the owner of the tracks countrywide and regional is further obliged to
take care of the development and modernisation of the railways, to the extent necessary to ensure the
transport needs of the State and territorial transport services district.
(3) if it is not the owner of the national or regional state railways and
the owner of the track is not able to ensure its operability, is obliged to
career offer the State for its redemption. On behalf of the State is
The Ministry of transport and communications.
(4) the technical conditions of operability and technical conditions
contact pathways provides detailed prescription. ".
34. section 22, including a heading above it reads:
"The rights and obligations of the operator and the obligations of the persons
on the track and in the circuit of the track
section 22
(1) the operator is required to
and for the needs of the track) run smooth and safe railway transport by
the rules for the operation of railways, and official authorization
(b) the date of the initiation of the) issue of operation of the railways, the internal regulation of the
the operation of railways, and the professional competence and knowledge of persons
to ensure the operation of the railways and how authentication including
the system of periodic training,
(c)) to ensure that the operation of the railways carried out by persons who are
physically and technically eligible,
(d)) for public rail passenger transport to publish schedules and their
the changes,
(e)) mark the names of the station (the stop), which operates; the operator
of the national and regional is bound by the decision in this respect
overhead administrative authority of the name of the station (the stop),
f) specified the equipment only with a valid ID card
eligibility and technical condition, which corresponds to the approved
eligibility.
(2) the operator of the national or regional track is further obliged to
and financially secure) the proper functioning of the track throughout the period of validity of
the official authorisation,
(b) provide to the Administrative Office of the railway or railway) for each calendar year
no later than 30 June 2005. in June of the year following evidence of the duration of the financial
eligibility for the proper operation of the railways,
(c)) on the challenge of overhead administrative authority to provide the information necessary for the
Verify the duration of the financial capacity to operate the track.
(3) the operator is entitled to
and subject to organise carriers) rail transport instructions for
ensure a smooth and safe railway transport,
(b)) to give persons in the circuit track guidelines to ensure
their safety, the safety of other persons and instructions to protect assets
and public order and to prevent possible interference or threats
the operation of railways and railway transport on the track.
(4) a person located in the perimeter of the railways are obliged to care for their
safety instructions to ensure the safety of the rail operator
people and the safety of the operation of railways and railway transport, and the instructions to
ensure the protection of property and public order and are obliged to refrain from
everything that could disturb or threaten the operation of the railways and the railway
transport or result in damage to the components of the runway or on the
the rail vehicle or disturb public order.
(5) the rules for the operation of the railways, lays down the detailed prescription. ".
35. section 23 reads as follows:
"§ 23
(1) the operator of the national and regional is in addition
the obligations referred to in section 22 shall
and allow the carrier) has a valid license and valid certificates
the carrier, based on the contract to operate the railway transport on the track for the price
negotiated according to the price law, 6)
(b)) provide their route to the necessary time to another
the operators of the railways for the nesjízdného section of the transport route circles,
If this was a nesjízdnost caused by a natural event or incident.
(2) the operator of the national and regional is further obliged to
and each year, 31.) December of the calendar year, notify the
the Administrative Office of the spare capacity of the railway or railway transport routes, that is to
available for allocation; When determining the capacity is based on
the operator of throughput traffic routes derived from the number of
regularly operated trains,
(b) establish the scope of) transport services for the transport of persons and
things in the individual stations and publish it in the transport and tariff
journal. ".
36. under section 23 shall be inserted a new section 23a and 23b, which including the following title:
"§ 23a
Limitation of the operation of railways
(1) the operator of a runway is entitled to on the period strictly necessary to limit
the operation of the runway or its part for reasons of maintenance or repairs
the track or because of the disruption as a result of natural disaster operability
the event, accident or incident that jeopardizes the safe
the operation of railways or railway transport.
(2) if the period exceeds the limitation of the operation of the track or part of a 24 hours
and the restrictions impede the agreed scope and frequency of rail transport is
the operator shall be obliged to notify without delay to the track of the reasons and the time of the
the assumed limitations of railway administrative Bureau, the owner of the track, and
carrier, who operate a shuttle on the runway, whose operation is
limited. The railway administrative Bureau on the basis of the notification of the operator tracks
may decide on the time and conditions of the limited operation of the railways or
her part. This procedure is without prejudice to the right of carriers to refund
damage.
(3) the operator is entitled to operate the track career in a limited range of
due to the cessation of rail transport on the track or part thereof in accordance with
by decision of the administrative authority of overhead under section 38. The operator of railways in
under the limited operation of railways will ensure regular inspection and
control of the technical parameters laid down part of the runway by
the rules for the operation of railways.
Section 23b
(1) the railway administrative Bureau, on the basis of a reasoned request of the operator
the track decides on restrictions on the operation of the runway or a part thereof, which
disturb the agreed scope and frequency of rail transport for reasons of reconstruction
the runway or its part by the building permit.
(2) the railway administrative Bureau request shall consult with the owner and with
the carrier, which operates the shuttle on the runway, or part thereof, which
the operation has to be limited.
(3) the Railway administrative Bureau in the decision shall determine the time and conditions of the limited
the operation of the runway or its part. This procedure is without prejudice to the right of the
carriers for damages. "
37. section 24 reads:
"§ 24
(1) Rail transport can be operated publicly or privately.
(2) the public rail transport is operated by the carrier to the right
meeting of the General transport needs by announced in advance
conditions of carriage, a published timetable and fare.
(3) Private railway transport is operated by the carrier to the right
meeting the individual needs of transport according to the contractual
terms and conditions.
(4) to operate the railway transport on the track may be legal or natural
a person registered in the commercial register on the basis of a valid license,
a valid certificate from the carrier, if this law or specific legal
the regulation provides otherwise, 5) and the contract for the operation of the railway
transport, if the operator and the carrier one person.
(5) a licence granted on the basis of the application of railway administrative Bureau. ".
38. In section 25, paragraph. 1 (a). (b)), the words "the members of the statutory body"
replaced by the words "the statutory body or a member of the statutory body".
39. In section 25 is at the end of paragraph 1, the period is replaced by a comma and the following
subparagraph (c)), d) and (e)) are added:
"(c)), the applicant wishing to operate railway services on national
or to track regional financial capacity proves to operate
rail transport,
(d)) for the railway transport capacity is available
transport routes,
(e)) the technical conditions allow it. "track.
40. In § 25 paragraph 2, including the footnote No. 6a):
"(2) the railway administrative Bureau is obliged to grant a license, so that when
the use of transport routes to avoid favouring any of the applicants. When
the limited capacity of rail infrastructure is an administrative office shall be entitled to
grant a licence to the applicant as a priority, that it intends to operate
public transport and rail) to ensure the transport needs of the State or
public rail transport services to ensure the accessibility of the territorial
the perimeter of the County,
(b) international transit rail transport),
(c) the freight railway transport) needs the export of Czech goods ^ 6a) or
for the Czech producers.
6a) section 2 (a). e) of Act No. 13/1993 Coll. Customs law. ".
41. In section 27, the words "on the execution of the three-year practice of", the words "in the
management activities "and the words" about the execution of the five-year practice, the words
"in control".
42. under § 27 § 27a shall be inserted, as follows:
"§ 27a
(1) the financial capabilities to operate the rail transport on the track
national or regional on the track means the ability of the carrier
financially secure initiation and proper operation of railway transport and
the ability to secure present and future commitments for a minimum period
one year.
(2) financial capacity proof
and commercial property)
(b)) the volume of available financial resources, including the State Bank
accounts and loans
(c)) operating capital
(d)) business plan for the first year of operation of railway transport,
(e) financial statements certified by the Auditor), including its annexes in full
the range, (statement of cash flows) in the event that a carrier in
the previous yearly accounting period exercise business activity,
(f) proof of financing) of rail vehicles.
(3) the carrier is not financially eligible if, in particular, owes arrears
on taxes, social security, the contribution to the State
employment policy or premiums on health insurance.
(4) details of the method of proof of financial standing to initiate the
and the operation of rail transport on a national or on the runway
regional lays down detailed prescription. ".
43. In section 28 paragraph. 2 (a). and), the words "all the members of the statutory body"
replaced by the words "the person or persons who are the statutory body or
its members "and the words" legal person "with the words" which is not
older than 6 months ".
44. In section 28 paragraph. 2 (c)):
"(c)) statement from the commercial register or proof Foundation
legal persons ".
45. In section 28 paragraph. 2, letter d) the following point (e)), which read:
"e) documents proving the financial capacity, in the case of the applicant,
wishing to carry rail traffic on a national or on the runway
regional, ".
Letter e) is renumbered as paragraph (f)).
46. In section 29. 1, the second sentence shall be deleted.
47. In section 29, paragraph 2 shall be deleted.
The former paragraph 3 shall become paragraph 2.
48. In section 30 (a). and), the words "the members of the statutory body" shall be replaced by
the words "the person or persons who are the statutory body or its
Members ".
49. In section 30, the current text becomes paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) if the application is rejected, the railway administrative office shall be specified in the decision of the
the reasons for which the license was granted. If the licence application
rejected from a lack of spare capacity, the transport route must be in the
change the timetable again reviewed. ".
50. In paragraph 2 of section 31 is added:
"(2) If, at the conclusion of the contract for the operation of rail transport between the
the track operator and carrier dispute arises about the determination of the specific
the conditions of operation of the rail transport or about time management,
shall decide on the request of one of them railway administrative Bureau. ".
51. section 32, including a title:
"§ 32
Change of licence
(1) the holder of the licence is obliged to notify the Administrative Office of any railway or railway
changes concerning the data and documents, which are provided as a
requirements for an application for the grant of licences under section 28, with the exception of data
relating to the scope and frequency of transport and submit them to the documents in the
30 days from the occurrence of the change. The railway administrative Bureau under the circumstances of the case
Decides to change the license or decide on the withdrawal of the licence. About change
the extent and frequency of transport railway administrative Bureau decides on the basis of
reasoned request from the carrier.
(2) the railway administrative Bureau decides to change the license
and) is necessary to ensure compliance with the obligations arising from the international
the Treaty, which the Czech Republic is bound and which was proclaimed in the
The collection of laws,
(b)) If you have to change the facts on the basis of which the decision of the
the granting of the licence,
(c)) on the basis of a reasoned request from the carrier ".
52. In section 33, the words "may withdraw the licence" shall be replaced by the words "Decides to
withdrawal of the licence ".
53. In section 34 for the letter c) the following new subparagraph (d)), which read:
"(d) the date of cancellation) track,".
Letter d) is renumbered as paragraph (e)).
54. under section 34, the following new section 34a and 34b, which including the following title:
"§ 34a
The certificate of the carrier
(1) the carrier must have the date of the initiation of the rail transport on the track
national or regional railroad operated on the basis of a licence
the certificate. The certificate shall be issued by the railway administrative Bureau, on the basis of the request
the carrier.
(2) a certificate of the carrier, demonstrates that the carrier
and) meets the conditions of competence of persons carrying out the operation of the
rail transport,
b) fulfils the conditions for the operation of this law
vehicles and technical equipment
(c)) has an internal organizational structure and management system to ensure
the rail transport.
§ 34b
(1) a Licence for the operation of rail transport on the lane rope is not granted.
Rail traffic on the runway cable can carry legal or natural
the person on the basis of the official permission to operate. Extradition request
the official permits and decisions on the release of the official authorization must
include data related to railway transport, such as by analogy
required when deciding on the license.
(2) if the carrier Has a valid license to operate a rail transport on the
a particular track, it justifies this licence for the operation of railway transport
also contact each other zaústěných railways under the conditions laid down in
the licence and in the contract concluded with the operator zaústěné. ".
55. section 35 to 39, including headings and footnotes no 7a, 7b)) and 7 c)
added:
"The obligations of the carrier
section 35
(1) the carrier is obliged to
and operate the railway transport by) the rules of operation of railway transport,
a valid license and a contract entered into with the operator of railways on the operation
rail traffic on the track,
(b) the date of the initiation of the) issue of operation of railway transport the internal regulation on the
professional competence and knowledge of persons providing operation of the railway
transport and their mode of authentication, including a system of periodic training,
(c) the date of the initiation of the) issue of operation of railway transport the internal regulation on the
the Organization ensure the maintenance of rail vehicles,
(d)) in the operation of rail transport using rail vehicles and intended
technical equipment with a valid proof of eligibility and in the technical
the State, which corresponds to the approved eligibility,
(e)) to ensure that railway vehicles were driven by the persons that have a valid ID
management,
(f)) to ensure that the rail transport carried out by persons who are disabled and
technically eligible,
g) follow the instructions in the operation of rail transport rail operator
udílenými in the Organization of rail transport.
(2) the carrier who operates the rail transport at national or
on the track the regional who holds a valid license, is also required to
and to ensure the proper operation of financially) rail transport throughout the
the validity of the licence,
(b) provide to the Administrative Office of the railway or railway) for each calendar year
no later than 30 June 2005. in June of the year following evidence of the duration of the financial
eligibility for the proper operation of railway transport,
(c)) on the challenge of overhead administrative authority to provide the information necessary for the
Verify the duration of the financial capacity of the railway transport,
(d) the date of the initiation of the) rail transport liability insurance
damage from the operation of rail transport and to pay premiums and all the time
the operation of rail transport have agreed and paid for this insurance
insurance,
(e)) on the challenge of overhead administrative authority to provide the information necessary for the
Verify the duration of the insurance liability from the operation of the railway
transport.
(3) the rules for the operation of the rail transport lays down detailed prescription.
section 36
Each carrier that operates the public railway transport, in addition to
the obligations referred to in section 35 shall be obliged to
and operate a public railway passenger) or carriage in accordance with
timetable and fare and announced in advance of the transport
the conditions of Carriage and tariff journal,
(b)) in the public railway passenger transport to carry anyone who has closed
the transport contract, and take the baggage for carriage if they are fulfilled
conditions of carriage and the carriage shall prevent circumstances which the carrier could not
avert,
(c)) in the public railway freight transport stuff, if you can
transported by the carrier and devices conforming to the usual
transmission needs,
(d)) at the request of the transport contract and close on a stretch of the national or
the track operated by another air carrier regional; This provision shall
apply to the carrier who operates the public railway transport on the track
national or regional, on the track
(e)) create in the public railway passenger transport conditions for the transport of persons
with limited mobility and parents with children,
(f)) in a public rail passenger transport to secure předlékařskou the first
assistance in the event of an accident,
(g) secure transport for the replacement) interrupted a public railway passenger
transportation due to an accident or for operational reasons, for that cannot be
transport of complete rail vehicle, which began filling
the contract of carriage,
h) mark each railway vehicle or their rigs designed for
the transport of persons, with the exception of railways, tramway, trolley bus cable and
Special called default and final station (stop) and rail vehicles
wheelchair accessible to passengers with reduced mobility
the orientation of the international symbol of accessibility, for railways and tramways
railways trolley on a number or other marking lines, names
stops legible even in darkness, the vehicle registration number on the front and
the rear side of the vehicle.
§ 37
Transport regulations
(1) the conditions for carrying persons and their luggage in
public rail passenger transport, and things in public rail freight transport
fix transport timetables.
(2) in the transport regulations for the transport of persons and their luggage in a public
railway passenger transport shall indicate, in particular,
and, the content and the creation of) the termination of the contract, the mode of proof of its
creation, including adjusting the relations between carrier and passenger,
(b) the requirements document for the bike) transportation of persons, the method of payment
and assessing the validity of driving documents,
(c) the particulars of the transport document) for the carriage of baggage, the way
payment of freight charges,
(d)) the right to cast the seating in the rail vehicle, and the conditions for
the provision of reservation and accommodation services in trains
(e) the conditions of transport of children) of passengers with reduced mobility
orientation,
(f)) and freight charges for the return fare method when the non-transportation of persons,
their luggage, including live animals,
g) range and conditions of transport of baggage and luggage
and their types,
(h) the conditions and the method of use) the media, security and
information equipment on the runway and passengers in railway vehicles
I) things excluded from the carriage of baggage,
j) special conditions for the carriage of baggage, which are dangerous
things, easily perishable things, live animals, carts for the disabled, children's
strollers, bicycles, cars,
to the extent the passenger's claims against the) carriers from the contract of carriage on the
transport of persons and the transport of the contract for the carriage of luggage and the way
their application,
l) relationship between carriers in the public railway transport in the performance of one
the contract of carriage.
(3) in the transport regulations for the carriage of goods in a public rail freight
transport shall indicate, in particular,
and, the content and the creation of) the termination of the contract of carriage, including the adjustment of relations between
the carrier and consignor or consignee in the conclusion, execution and
termination of the contract of carriage,
(b) the particulars of the transport document) for the transport of goods, the method of payment
freight charges,
(c)) things from transport are excluded,
(d)) the conditions for the transport of dangerous goods, of deceased persons, easily
perishable goods, live animals, waste, the rolling stock on the
custom wheels, the things of extraordinary dimensions, unusual weight or
the specific nature,
(e) the conditions for provisions) the scope and competence acquisition
safety adviser for the transport of dangerous goods,
(f) the method of taking over the consignment carrier) and its release to the recipient,
g) liability of the carrier for damage and other damage on the consignment,
h) range of the sender or recipient claims against the carrier and the method of
their application,
I) relationship between carriers in the freight railway transport in the performance of one
the contract of carriage.
(4) the conductor of overhead vehicle or another person in a public railway passenger
the designated carrier transport and equipped with control badge or ID card
the carrier (hereinafter referred to as the "designated officer") is authorised to give passengers
instructions and orders to ensure their safety, the safety of other
the passengers and the safety and flow of traffic. The designated officer is
shall be entitled to
and to exclude from the transport of the passenger), which is the challenge of authorised persons
proven valid travel and does not comply with the obligation to pay the fare
and the premium,
(b)) to exclude from the passenger or the passenger to save payment
surcharges, if transport does not comply with the order despite the warnings, instructions, and
the commands of an authorised person, the vehicle or if it pollutes the rail to its
behaviour disturbs the quiet passenger or other passengers otherwise
harassed; the exclusion of transport must not be compromised by the safety and health
the passenger,
(c)) to prevent to transport or exclude from carriage of luggage
a passenger or an animal being transported with him, if you are an obstacle to the
safe transportation of passengers or threaten the health of passengers or
If the transport does not allow transport conditions,
d) save a passenger who has failed to show a valid travel document,
payment of the fare and surcharge to the fare or to request from the passenger
personal data necessary for the enforcement of fare and surcharge to the fare, if
the passenger fails to pay on the spot.
(5) the passenger is obliged, when entering the vehicle overhead, stay in it
and when the output of the overhead of the vehicle to behave so as to endanger their
safety, the safety of other persons, security and continuity of the railway
transport, and ensure adequate precautions given the nature of rail transport.
The passenger is obliged
and instructions and commands), in charge of the person, which seek to ensure the
Security and fluidity of rail transport, safety or
the safety of other passengers,
(b)) to the challenge of an authorised person to show a valid travel document;
unless it is a valid travel document of the causes on your side,
pay the fare from boarding to the destination station or, if you cannot safely
to find out the station, where the passengers boarded, from the starting station of the train and
a premium fare, or demonstrate the personal information required on
the enforcement of the payment of the fare and surcharge to the fare, if passengers
pay on the spot,
(c)) on the challenge of authorised persons to pay a premium for non-compliance with
the shipping of the order.
(6) the amount of the surcharge provides a carrier in transport conditions. The amount of the
price increases shall not exceed the amount of $ 1,000. Surcharge for infringement of
conditions laid down in the transport regulations, shall not exceed 1 000 Czk.
(7) the Government shall issue the regulation of transport regulations for public freight rail
transport. The Ministry of transport and communications will issue a decree to the transport regulations for the
public rail passenger transport. Details of the conditions of carriage may
be set out in the contractual transport conditions.
(8) the violation of the obligations of the passenger in accordance with paragraph 5, which would threaten
responsible person is an offence under special legislation. ^ 7a)
section 38
Restrictions and termination of public rail transport
(1) Rail transport can be temporarily limited or stopped. About
transitional restrictions or stopping the rail transport shall decide on the basis of
the application of railway administrative Bureau in the event that the applicant, in whose interest has
occur to the transitional restrictions or stopping traffic, establishes the legitimacy of the
its request. The railway administrative Bureau shall discuss the application
and the owner of the railways)
(b)) with the railways,
(c)) with the District Office in whose district the scope of rail transport is
that has to be temporarily limited or stopped, secured transport
Universität; the District Office is required to discuss their opinion with
the municipalities concerned,
(d)) with a carrier in the rail transport sector, if not the submitter of the request for
Transitional restriction or suspension of rail transport.
(2) the carrier is obliged to the transitional restrictions or stopping public railway
transport to publish at least 14 days before the beginning of the limitation or cessation of
the rail transport.
(3) the Railway administrative Bureau may decide on the transitional restrictions on the rail
transport to the time necessary for the reasons
and the public interest on the other) extraordinary railway transport,
(b) the safety of railway transport)
(c)) the accumulation of goods on the track with the exception of the siding,
caused by the operator or by another carrier.
(4) an appeal against a decision of an administrative authority on the transition of overhead
restrictions on rail transport carrier does not have suspensory effect.
(5) the Railway administrative Bureau may decide to stop the rail transport,
If there is interest in the operation of rail transport carriers and if no
transport needs on the track.
(6) the carrier is obliged to temporarily reduce or stop the rail transport
on the basis of the measures issued by the administrative authorities authorized to make decisions in the
the field of veterinary, phytosanitary, sanitary services, waste management
economy or on the basis of international agreements, to which the United
Republic is bound and which has been promulgated in the collection of laws.
(7) the carrier shall be entitled to temporarily restrict or stop the rail transport
for reasons of
and the nesjízdnosti railways as a result), natural disaster, accident or
the reconstruction of the runway,
(b) unforeseen distortions) operability,
(c) accumulation of transported goods) siding, caused by the operator
the siding or other carrier.
The carrier on the track of the tram or trolleybus is obliged to notify within 3
the days of the railway or railway administrative Bureau restriction or interruption of traffic, if
This is the interruption of traffic for longer than 7 days.
section 39
Public service obligations in rail transport on the national and on the runway
regional
(1) the public service obligations for the purposes of this Act, means the obligations
carrier transport in the railway, which the carrier has taken in the public interest, and
that would be in its business interests did not accept or accept only
due in part to their economic disadvantage. Public service obligations
arranged in the public interest with a carrier selection process shall be borne by the State and
demonstrable loss resulting from their carriers.
(2) public service obligations are obligations, commitments, transport and traffic
obligations of the tariff.
(3) a commitment is a commitment to ensure the operation of the carrier on the route, the
that is authorized to operate a railway transport, railway transport
fluently, regularly and in the required amount and the time management of the individual
trains, including the operation of ancillary transport services.
(4) the obligation of carriage of the carrier's obligation to carry passengers or things
for the special price of the specific conditions.
(5) the commitment of the tariff, the carrier's obligation to carry passengers or things
for the regulated price according to the price law, ^ 7b) which is lower than the
economical fare or freight.
(6) the public service obligation arises on the basis of a written contract, which
on behalf of the State closes
and) District Office with the carrier for the purpose of providing basic transport
Service territorial district; the competent District Office
District Office, in whose territorial jurisdiction is the transport on
the appropriate track or her crucial part of secured,
(b)), the Ministry of transport and communications, in agreement with the Ministry of finance, and
If it is to ensure the needs of the defence of the State, even after the agreement with the
The Ministry of defence with the carrier in the public interest to ensure the
the transport needs of the State.
(7) a public service contract is concluded for a period of at least
working timetable. In the conclusion of the Treaty on public service obligation
the District Office is committed to the basic transport connections ensure
bridging the public railway passenger transport with regular personal
transport. ^ 7 c)
(8) the definition of ancillary transport services carrier belonging to the
commitment to service provides detailed prescription.
7A) Act No. 200/1990 Coll. on offences, as amended.
7B) section 3 of the Act No. 526/1990 Coll., on prices.
7 c) Law No 111/1994 Coll. on road traffic, as amended
regulations. ".
56. under section 39 shall be inserted a new section 39a, 39b, 39 c and 39 d, including
the headings are added:
"§ 39a
Demonstrable loss of
(1) the demonstrable loss for the purposes of this Act, means the difference between the
the economically eligible cost the carrier to meet the
commitment to public service, including a reasonable profit relating to these
costs and revenue and income obtained by the carrier of this commitment.
(2) the demonstrable loss resulting from the carrier, the obligations of the public
the services shall be borne by
and) District Office from its budget, if it is about providing basic
transport services territory public service obligations,
(b)), the Ministry of transport and communications, in the case of provision of transport
the needs of the State in the public interest, the public service obligations.
(3) a closer definition of the provable loss, its method of calculation,
the rules on the allocation of funds from the budget of the district
authorities, the documents, which must be provable losses supported by calculations,
the definition of a reasonable profit, the terms of the contract for the public
the service and the way the performance of the State supervision of the financing of the transport
services and other public service obligations laid down detailed
prescription.
(4) if the carrier Provides transport services outside the public service obligations
or other activity is required to maintain a separate summary analysis
record of public service obligations, which are broken down into the register referred to in
each of the district offices. The financial resources intended to cover
provable loss shall not be used for other purposes.
section 39b
The basic transport
(1) basic transport transportation urban circuit of the district is to ensure
reasonable transport for all days of the week, for reasons of public interest,
especially in schools, to authorities, to the courts, to a medical device
providing basic health care and employment, including transport
back, contributing to the development of the spatial únosnému permanently.
(2) if the basic transport connections ensure the territorial district
public transportation, appropriations cannot be used to finance
the transport needs of the public service obligations in a different kind of parallel public
transport. The implementing regulation sets out what means the simultaneous operation of
public transport.
§ 39 c
Public service obligations on the track and on the trolley tram track
If the underlying transport territorial district provided
transport on the track of the tram or trolleybus, the track
the provisions of the public service obligations on the national and on the runway
regional, mutatis mutandis.
section 39 d
Other transport
(1) other transport connections ensure the transport needs of the territorial
the area beyond the basic transport services of the territorial perimeter
the district. To ensure other transport services concluded with the municipality
carrier of a public service obligation and paid from your budget
demonstrable loss resulting from the carrier to discharge public service obligations.
(2) For the public service obligations, and demonstrable loss in other
transport services shall apply mutatis mutandis to section 39 and 39a. ".
57. section 40 including title:
"§ 40
The schedule to the national and regional
(1) the schedule to the public railway passenger transport on the national and
regional operator handles the runways. The timetable is the operator
the runway is handled in a coordinated manner with the timetable in the road transport and
based on the requirements of carriers and of the requirements of the district offices on the smooth and
the regular operation of the rail transport in the desired number and time
the leadership of each of the trains, which will be the subject of public
the service.
(2) the district offices to apply for the rail operator summary requirements
the number and the time management of individual trains not later than 240 days before the date of
working timetable. At the same time transmit to the operators of the railways
your requirements of carriers.
(3) the operator of railways will discuss a draft timetable and design changes
timetable with the district authorities within a period of at least 120 days prior to the
a fixed period of validity of timetable, if this is a new journey
regulations, and at least within 15 days before the specified period of validity,
If this is a change in the schedule. ".
58. under the Heading of section 41 reads as follows:
"The timetable on the runway, a special tram, trolley bus and the cable".
59. In paragraph 41. 1, the words "or rope on the track" be replaced by "and
the carrier, which in accordance with official authorization to operate a public rail
personal transportation cable car on the track, ".
60. the heading under the section 42: "the schedule".
61. In § 42 paragraph. 1 the words "and its" shall be replaced by "and the track
regional and their ".
62. In section 43, paragraph. 3 at the end of the sentence the words "overhead" shall be replaced by
the words "or other person who proves a legal interest in the type-approval
overhead vehicle ".
63. In section 43, paragraph. 4 in the last sentence, after the words "the manufacturer of overhead
the vehicle ", the words" or other person who proves a legal interest in
type-approval of a vehicle "overhead.
64. In article 43, the following paragraph 6 is added:
"(6) on the rail systems can operate the rail vehicle type for
the purpose of the test and the tests for type-approval or changes
the type, and only for the time necessary for this purpose, provided that the
the technical condition of the vehicle and the method of carrying out the tests under the drive do not endanger
the safe operation of railways and railway transport. The conditions for the implementation of the
the test operation and management overhead of the vehicle for each case provides
the railway administrative Bureau. The conditions of operation of the overhead of the vehicle of a foreign
the carrier provides the international treaty, which is the Czech Republic
bound. ".
65. In paragraph 2 of section 44 reads as follows:
"(2) where the railway administrative Bureau, the railway vehicle is in operation in the
technical condition, that does not guarantee the safety of rail transport or not
properties of an approved type or does not have a valid certificate, or the
not for him carried out periodical technical inspections in accordance with the implementing
Regulation, shall decide on the incapacity of the overhead vehicle. ".
66. In section 45, the following paragraphs 5, 6, 7 and 8 are added:
"(5) the Railway administrative office shall order the examination of the technical and health
the eligibility of persons to control, has the reasonable doubts as to the health or
the technical competence of those persons. In these cases, the railway Board
the authority shall withhold a licence to control until the reasons for the
the detention of the licence have ceased to exist.
(6) without a licence may drive the rail vehicle the person in
driving training or test of the vehicle from the overhead management. When
operation of the overhead of the vehicle type for the purposes of the test
the operation and during the tests for type-approval or changes to the type of railway
vehicle control person of the supplier without a licence under the
the supervision of the person, the carrier that is responsible for maintaining all policies for
the safety of rail transport.
(7) the rail vehicle belonging to foreign carriers authorized
to operate the railway transport in the Czech Republic can control a person, if the
the holder permission to control the vehicle in accordance with the legislation of the
the State in which the registered office of a foreign carrier. This person must be
at the same time the holder of the licence to the proceedings under section 45.
(8) the maximum driving time, breaks and time for safety
rest of the persons that control the railway vehicle, shall, for each type of
rail vehicles implementing regulation. ".
67. In section 47, the following shall be added at the end of paragraph 4, including the footnote.
7 d), the following words: "or the manufacturer's Declaration of conformity with the technical
^ regulations 7 d)
7 d) Law No. 22/1997 Coll., on technical requirements for products and on the
amendment and supplement of certain acts. ".
68. In section 48 at the beginning of paragraph 1, the following sentence shall be added:
"The designated technical devices in operation shall be subject to periodic revisions,
inspection and testing, which verifies their technical condition and
operational competence. ".
69. the title of the head of the fourth: "extraordinary events".
70. section 49, including footnotes, no. 8):
"§ 49
(1) an extraordinary event in the railway transport is an accident or a threat in
rail transport, which endangers or impairs the safety, regularity and
the smoothness of the operation of railway transport, the safety of persons and the safe
the function of the buildings and equipment or endangering the environment.
(2) accident in the railway transport is an extraordinary event, which occurred in the
connection with the movement of the overhead (the operation of rail transport), with
as a result of the death, injury or significant property damage. ^ 1) other
the incident is considered to be a threat.
(3) the operator and the carrier shall be obliged to
and) notify any incident in rail transport
the Administrative Office of the railway or railway, and at the same time every accident in rail transport
The police of the Czech Republic,
(b)) to perform the documentation status at the time of the accident,
(c) to secure the release of the track) to restore the operation of railways or railway
transport, unless other circumstances,
(d)) and the circumstances in which to expose the causes of incidents in rail
transport and take measures for their prevention.
8) Act No. 140/1961 Coll., the criminal code, as amended
regulations. ".
71. In section 50, paragraph. 1 the words "1 0000 0000 Czk 10 0000 0000 ' shall be replaced by the words"
CZK ".
72. In section 50, paragraph. 1 (a). and), the words "national and regional"
shall be deleted.
73. In section 50 is at the end of paragraph 1, the period is replaced by a comma and the following
subparagraph (d)) and e) are added:
"(d)) of the national or regional owner, which does not offer,
for which it is not able to ensure its operability, the State to purchase,
(e)) will not allow the owner of the track, which the person responsible for the performance of supervision
in matters. ".
74. In section 50, paragraph. 3 the words "1 0000 0000 Czk 10 0000 0000 ' shall be replaced by the words"
CZK ".
75. In § 50 paragraph 4 is added:
"(4) the Railway administrative Bureau fines of up to 10 0000 0000 Czk
the operators of the railways, which
and in the operation of railways) to the performance of the activities of the person, which is not
the disabled eligible,
(b)) allows the operation of railways, the performance of the activities of the person, which is not
professionally qualified,
(c) the operation of railways) uses the specified technical equipment without a valid
certificate or in a State that does not correspond to the approved
the technical documentation,
(d)) will not allow the carriers, who has a valid license to operate the railway
transport on national and regional, on the track
(e)) will not allow the person responsible for the performance of supervision in matters. ".
76. In section 51, paragraph. 1 the words "1 0000 0000 Czk 10 0000 0000 ' shall be replaced by the words"
CZK ".
77. In section 51, paragraph. 2 the words "1 0000 0000 Czk 10 0000 0000 ' shall be replaced by the words"
CZK ".
78. In section 51, paragraph. 3 the words "1 0000 0000 Czk 10 0000 0000 ' shall be replaced by the words"
CZK ".
79. In section 51 at the end of paragraph 3, the dot is replaced by a comma and the following
the letters e) and (f)) are added:
"(e)) will not allow the person responsible for the performance of supervision in matters of railways,
(f)) will allow the operation of rail transport carrying on business of the person,
that are not technically eligible. ".
80. In § 51 paragraph. 4, the words "1 0000 0000 Czk 10 0000 0000 ' shall be replaced by the words"
CZK ".
81. section 58 reads:
"§ 58
(1) State supervision in matters of railways and Railway Authority is exercised by the community. The performance of the
State supervision of municipalities belong to the scope of the transferred communities. The scope of the
for the exercise of State supervision is determined by the material and territorial competence of overhead
the Administrative Office.
(2) in the exercise of State supervision of the authorised person shall keep, whether they are in
the operation of railways and railway transport maintained and fulfilled the obligations
the owner of the track, the rail operator and the carrier laid down by
the rules in the interest of the safe operation of railways and railway transport.
(3) the rail authority is entitled in the context of the exercise of State supervision to detect
the causes of the incidents.
(4) the Chief State supervision in matters of railways shall be exercised by the Ministry of transport and
joints.
(5) in exercising Supreme supervision of the person responsible for carrying out
the activities belonging to the State supervision and shall keep performance
the State supervision in matters of railways carried out by the Railway Authority and the municipalities.
(6) high performance credentials of the State supervision and for the performance of the State
supervision in matters of railways, the Ministry of transport and communications issues. ".
82. In § 59 at the end of paragraph 2 the following sentence shall be added:
"Proof of credentials includes the name and surname of the person responsible for her native
number, and photograph, the substantive and territorial scope of permissions and expiration. ".
83. In article 62, paragraph 4 reads:
"(4) If a natural or legal person at the same time by the operator
national or regional railways and rail transport operator in the
these rail systems, is for the natural or legal person of a binding
accounting separation in the operation of railways, and the operation of the railway
transport. ".
84. In section 66 paragraph 1 reads:
"(1) the Ministry of transport and communications will issue a decree for the implementation of section 3 (3).
1, § 5 (3). 3, § 6 (1). 1 and 2, section 7 (2). 2, section 14a paragraph. 3, section 20 (2).
4, section 22, paragraph. 5, § 27a, paragraph. 4, § 35 paragraph. 3, section 37, paragraph. 7, § 39, paragraph.
8, § 39a paragraph. 3, section 39b, paragraph. 2, § 42 paragraph. 3, section 43, paragraph. 1, § 43, paragraph.
4, section 43, paragraph. paragraph 5, section 44. 1 and 2, section 45, paragraph. 3, § 45, paragraph. 8, § 47
paragraph. 2 and section 48 paragraph. 1. ".
85. In article 66, the following paragraph 5 is added:
"(5) the Ministry of transport and communications after consultation with the Ministry of the Interior
issues a decree, which establishes the method of detecting the incidents
in rail transport ".
86. If the law uses the name "Ministry of transport" shall be replaced by the
the name called "the Ministry of transport and communications".
Article II
Transitional provisions
1. the carrier, which operates railway transport on national or on
the track on the basis of regional licences, shall, within one year from the
the effectiveness of this law the Administrative Office to demonstrate the railway or railway
and the financial capacity to operate) rail transport
(b)) agreed insurance liability from the operation of rail transport.
Unless the carrier in this period of financial capacity to operate
rail transport or the agreed insurance liability from the operation of
rail transport, railway administrative office shall decide on the withdrawal of the licence
carriers.
2. the carrier, which operates railway transport on national or on
the track on the basis of regional licences, shall, within one year from the
the effectiveness of this Act, apply for the issue of a certificate under section 34a. By the time of
issue of the certificate of the carrier, the carrier shall be deemed authorized
operate rail transport. If the carrier requests within a specified period of
issue of the certificate or the certificate issued to him, the railway Board
the Office shall decide on the withdrawal of the licence to the carrier.
3. the operator of the national and regional railways, which operates the
on the basis of official authorization, shall, within one year from the
the effectiveness of this law to the Administrative Office of the railway or railway to demonstrate the financial
ability to operate the track. Unless the operator of railways in this
a period of financial capacity to operate railways, railway administrative Bureau
decide on the cancellation of the official approval to operate the track.
4. Legal and natural persons, which operate on the basis of the official career
permit or operating rail transport on the basis of a licence and are not
entered in the commercial register, are obliged to meet this condition
no later than one year from the date of entry into force of this Act.
If this condition fails, decides to railway administrative Bureau of the withdrawal
the official permit or licence.
Article. (III)
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 is apparent from subsequent changes.
Article IV
This law shall enter into force on 1 January 2005. April 2000, with the exception of the provisions
section 39 and 39a to 39 d, which shall take effect on 1 January 2005. January 1, 2001.
Klaus r.
Havel in r.
Zeman in r.
