182/2006 Coll.
LAW
of 31 March 2004. March 2006,
amending Act No. 266/1994 Coll., on rail, as amended
regulations, and Act No. 200/1990 Coll. on offences, as amended
the laws of the
Parliament has passed the following Act of the United States:
PART THE FIRST
Amendment of the Act on rail
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., 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. and Act No. 1/2005, is hereby amended
as follows:
1. In article 1 (1). 1, after the words "the law", the words "incorporates
the relevant regulations of the European communities "^ 1") and ".
Footnote 1:
"1) Council Directive 91/440/EEC of 29. July 1991 on the development of railways
The community.
Council Directive 95/18/EC of 19 June 2000. June 1995 on the licensing of
railway undertakings.
Council Directive 96/48/EC of 23 December 2003. July 1996 on operational consistency
the trans-European rail system of high-speed trains.
European Parliament and Council Directive 2000/9/EC of 20 May 1999. March 2000
on cableway installations for the transport of persons.
European Parliament and Council Directive 2001/12/EC of 26 July 2000. 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 July 2000. February 2001,
amending Council Directive 95/18/EC on the licensing of railway
businesses.
European Parliament and Council Directive 2001/14/EC of 26 July 2000. February 2001
on the allocation of railway infrastructure capacity and the levying of
of railway infrastructure and safety certification.
European Parliament and Council Directive 2001/16/EC of 19 June 2000. March 2001
on the interoperability of the trans-European conventional rail system.
European Parliament and Council Directive 2004/49/EC of 29 April 2004. April 2004
the railway safety directive the community 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 and the levying of railway
infrastructure and safety certification (directive on
the railway safety directive).
European Parliament and Council Directive 2004/50/EC of 29 April 2004. April 2004,
amending Council Directive 96/48/EC on the interoperability of the
the trans-European high-speed rail system and directive
European Parliament and Council Directive 2001/16/EC on the interoperability of the
the trans-European conventional rail system.
European Parliament and Council Directive 2004/51/EEC of 29 October April
2004 amending Council Directive 91/440/EEC on the development of railways
Community. ".
Former footnote No. 1, 1a to 1 c are referred to as notes
footnote No. 1a to 1 d, including references to footnotes.
2. In article 11 (1) 1, after the words "official authorization", the words "and
If this is about the operation of the national or regional, and on
the basis of the operator's safety certificate of the national and
regional (hereinafter referred to as the "railway safety certificate"), ".
3. In article 11 (1) 1 the words "unless a specific law provides otherwise ^ 5)"
including footnote # 5 be deleted.
4. in section 22 to the end of paragraph 2, the period is replaced by a comma and the following
subparagraph (d)) and e) are added:
"(d)) to establish a system ensuring the security of the operation of railways and to ensure
its observance,
(e)) by 30. June of the calendar year the railway or railway administrative Bureau
the annual report on the safety of the operation of railways for the previous calendar
year. ".
5. in section 22 para. 5, after the words "for the operation of railways", the words "
elements of the system, ensuring the security of the operation of railways, and the contents of the
the annual report on the safety operation of the railway ".
6. in article 23 paragraph 1. 2 in the first sentence after the word "regional" shall be inserted after
the words "it is not the owner of this track,".
7. in paragraph 2 of article 23. 2 (a). and the number "6)" is replaced by "14".
8. in paragraph 2 of article 23. 2 (a). and) the words "the number of regular operation
the trains "are replaced by the words" of the maximum number of trains that can be on it
to operate, ".
9. in paragraph 23 of Section 23a is added to that, including footnote # 6a
added:
"§ 23a
The rail operator safety certificate
(1) the operator must have at the date of the track begin the operation of railways
national or regional rail operator safety certificate.
The rail operator safety certificate issued by the railway administrative Bureau
on request the rail operator for a period of 5 years.
(2) an application for the issue of the safety of the rail operator must
include information on the name or the trading company and the rail operator
domicile or headquarters and data management system to ensure the operation of the
the system ensures safety and operation of the railways, including
ensure obligations upon the occurrence of an incident. To the application
the operator of railways attaches
and a list of activities outsourced) operator of the railways, for the
that competence is required, and a description of its
ensure
(b)) a list of designated technical equipment used in the operation of
with proof of their operation,
(c)) the internal regulations of the track, on the operation of the designated
technical equipment of the requirements for professional competence and knowledge
people avoid the operation of the railways and how authentication
including a system of periodic training,
d) proof of payment of an administrative fee.
(3) a certificate of safety rail operator indicating that the
the infrastructure manager
and) has internal organisational structure and management system for the provision of
the operation of railways, and has created a system of ensuring safety
operation of the railways, which means the set of organisational and
technological measures for the safe operation of railways
(b)) has issued internal rules for the operation of the railways, on the operation of the designated
technical equipment and of the requirements for professional competence and
knowledge of those providing the operation of railways, and about how their
authentication, including the system of periodic training.
(4) the operator tracks the railway or railway administrative authority is obliged to notify
changes to the data submitted when lodging an application for the issue of a certificate of
the safety of the rail operator, and submit them to the papers within 30 days
Since the inception of the changes. Depending on the nature of the information changes, the Rail Authority's Board decides
change the safety certification of the rail operator.
(5) if the railway administrative Bureau finds that the infrastructure manager has stopped
meet the conditions for the safety operation of the railways, the certificate of
the safety of the rail operator shall be withdrawn.
(6) the issuance, amendment or withdrawal of the operator's safety certificate
the track announces the railway administrative office within 1 month of the effective date of the legal
the decision the European Railway Agency ^ 6a).
(7) a model application for the issue of the safety of the rail operator
national or regional and the model of the safety of the operator
of the national or regional lays down detailed legislation.
6a) European Parliament and Council Regulation No 881/2004 of 29 April 2004. April
2004 establishing a European Railway Agency (Agency regulation). ".
The existing section 23a and 23b are referred to as Section 23b and 23 c. The existing notes
footnote No. 6a through 6e are referred to as footnote # 6b to 6f,
including links to footnotes.
10. In section 34 c of paragraph 1. 1 with the number "16" is replaced by "12".
11. In paragraph 34 d of paragraph 1. 1 (b). (b)), the words "on rail systems included in the
the European rail system "shall be replaced by" on the national and
regional ".
12. In paragraph 34 d of paragraph 1. 2, the number "12" is replaced by "8".
13. in section 34e of paragraph 1. 1, the second sentence shall be deleted.
14. in section 34e of paragraph 1. 5, the words "at the end of the text and whose main subject
business is a public rail transport ' shall be deleted.
15. in section 34e, paragraph 7 shall be deleted.
16. section 34f:
"§ 34f
(1) if the number of applications exceeds the capacity of the transport route, the allocator allocates the
shall be entitled to allocate the capacity of the transport route to the applicant for
the operation of
and public rail transport) to ensure the transport needs of the State
(b)) public rail transport to guarantee a transport service
jurisdiction of the County
(c)) of combined transport,
(d)) of railway transport as set out in the Declaration of přídělcem.
(2) for the path capacity allocation in accordance with paragraph 1 shall
progresses in the order laid down in paragraph 1.
(3) the carrier can not allocated capacity traffic routes converted to other
of the person. ".
Footnote # 6f is repealed, and including a link to
footnote.
17. section 34 h, including footnote # 6 g:
"§ 34 h
Certificate from the carrier
(1) the carrier must have at the date of the start of railway transport on the track
national or regional carrier certificate on the track, which
apply to national and regional or on their part.
The certificate is issued by the rail carrier's Administrative Office on request
the carrier for a period of 5 years and indicate thereon the kind of traffic and the range of services on
covered by.
(2) an application for the issue of certificates, the carrier must contain information about the name of the
or business company of the carrier and his place of residence or headquarters and system data
management to ensure the operation of railway transport and provisioning system
safety operation of railway transport, including ensuring obligations at
the emergence of extraordinary events. The carrier attaches to the application
and a list of activities undertaken) by the carrier, for which it is
required expertise and system description of the latter,
(b)) a list of designated technical equipment used in the operation of
railway transport, including proof of their operation,
(c) a list of the operated railway) locomotives and list of types of towed
rail vehicles including the proof of their technical competence,
(d)) the internal rules for the operation of railway transport, the
rail vehicles, designed to operate technical equipment,
requirements for professional competence and knowledge of the people that ensure the
operation of railway transport and how authentication including
periodic training,
(e) a proposal for the type of transport and) the range of services that will be operated,
f) proof of payment of an administrative fee.
(3) a certificate of the carrier shall be evidenced by the carrier
and) has internal organisational structure and management system to ensure
railway transport and has created a system of ensuring safety operation
railway transport, which means the set of organisational and technological
precautions for safe operation of railway transport,
b) fulfils the conditions of competence of persons to ensure the operation of
of railway transport,
c) fulfils the conditions established by this Act for the operation of the railway
vehicles and designated technical devices,
(d) the internal regulations) issued for the operation of railway transport, the
rail vehicles, designed to operate technical equipment,
requirements for professional competence and knowledge of the people providing
operation of railway transport and how authentication including
periodic training.
(4) the certificate of the carrier form
and certifying the measures taken) part of the carrier to meet the requirements
referred to in paragraph 3 (b). and)
(b) the measures taken by the certifying section) by the carrier to meet the requirements
referred to in paragraph 3 (b). b) to (d)).
(5) of the carrier, the carrier holding a certificate issued by the authority
another Member State of the European communities of 6 g), shows ^ ^ railway or railway
administrative authority that the conditions for the grant of the certificate of the carrier
referred to in paragraph 3 (b). b) to (d)). The railway administrative Bureau in this
If the carrier shall deliver only part of the certificate from the carrier referred to in paragraph
4 (b). (b)).
(6) the carrier shall be obliged to notify the railway or railway administrative authority, changes to the information
which shall be presented when applying for the issue of a certificate, and submit the
These papers within 30 days since the formation of the changes. Depending on the nature of the information changes the railway
the Administrative Office shall decide to amend the certificate of the carrier.
(7) if the railway administrative Bureau finds that the carrier no longer meets the
operation of railway transport safety conditions, or in the period of 1 year
from the issuance of a certificate does not operate railway transport, withdraw the certificate
the carrier, which it has issued, or part of it. If the railway administration shall withdraw
the part of the carrier's certificate referred to in paragraph 4 (b). (b)), it shall notify the
the withdrawal without delay to the authority which issued the certificate of the carrier part referred to
in paragraph 4 (b). and, if it is not) by itself.
(8) the issuance, amendment and withdrawal of the carrier announces the railway Board
the authority shall within 1 month from the decision of the European railway
^ 6a) to the Agency.
(9) the model application for issuing a certificate of the carrier and the model of the carrier
down detailed legislation.
6 g) Article. 10 of Directive 2004/49/EC on safety on the community's railways and on the
amending Council Directive 1995/21/EC on the licensing of railway undertakings
and Directive 2001/14/EC on the allocation of railway infrastructure capacity
and on the issue of safety certificate (safety directive
railways). ".
Former footnote No. 6 g and 6 h are referred to as comments below
line no. 6 h and 6i, and including references to footnotes.
18. In paragraph 35, the dot at the end of paragraph 2 is replaced by a comma and the following
the letters f) and (g)), which read as follows:
"(f)) to establish a system ensuring the safety of railway transport and ensure
its observance,
g) by 30. June of the calendar year the railway or railway administrative Bureau
annual report on the operation of railway transport safety for the past
calendar year. ".
19. in section 35 para. 3, after the words "railway transport," the words "elements
the system secures the safety of operation of railway transport by type
and scope of the activities and the content of the annual report on security. "
20. In § 37 para. 4, the words "the conductor of overhead vehicle or other person"
replaced by the words "the conductor of the overhead of the vehicle, the person who controls the railway
vehicle, or any other person ".
21. in section 40 para. 1, the number "4" is replaced by "2".
22. in section 40 para. 2, after the words "draft changes to the working timetable ' shall be
the words "with the Ministry of transport".
23. in section 40 para. 2 ' 180 ' is replaced by ' 120 '.
24. in paragraph 2 of section 40. 3, after the words "draft timetable"
the words "with the Ministry of transport".
25. the following section is inserted after section 43a 43b, which reads as follows:
"section 43b
(1) the railway vehicle, whose technical competence has been approved in another
Member State of the European communities and which are not
technical specifications of interconnectedness, can operate on the national
or regional based on decisions on the type-approval of a vehicle of overhead
or on the basis of certification of overhead vehicle that
issues of railway administrative Bureau after examination and verification of the technical documentation
the railway or railway vehicle or vehicle type.
(2) the application for the vehicle type-approval, or issue of a certificate of overhead
the eligibility of the overhead of a vehicle referred to in paragraph 1, the applicant attaches
and proof of authorisation) technical competence of overhead vehicle in another
Member State of the European communities and the technical adjustments
carried out after approval,
(b)) the technical details of the vehicle, a record of the operation and maintenance,
c) proof of the technical and operational performance, proving that the
the railway vehicle is in accordance with the security device, traction
the leadership, with the track gauge, průjezdnými cross sections, with a maximum permissible
axle load and other constraints of the national and regional,
(d) the conditions for the use of overhead) of the vehicle in service.
(3) the railway administrative Bureau may request a trial operation
overhead of the vehicle in order to verify the conformity of the performance with the requirements
in accordance with paragraph 2 (a). (c)); in this case, its content and
range. Test operation of the overhead of the vehicle provides the applicant on your
cargo for legal persons in charge of the Ministry of transport.
(4) in the decision of approval of a type of vehicle or of the decision on the overhead
certification of overhead vehicle can be following the
the documents referred to in paragraph 2 (a). (c)) and the results of the trial run of the State
terms of use of the vehicle in operation of overhead. ".
26. in paragraph 44, the following paragraph 3 is added:
"(3) for railway vehicle approved for use on the national or
regional rail allocates Administrative Office at the request of the owner of the vehicle
an alphanumeric identification code. This code must be marked on the vehicle
and pasted with the details of the vehicle in the register of rail vehicles (section 49d). ".
27. section 49 reads as follows:
"§ 49
(1) incident in rail transport is a serious accident, accident or
threats in railway transport, which threatens or interferes with the security of,
the regularity and continuity of operation of railway transport, security of the person and
safe functioning of structures and equipment, or risk to the environment.
(2) a serious accident in the railway transport of collision or derailment
rail vehicles that occurred in connection with the operation of the railway
transport, resulting in death or injury to the health of at least 5 persons or damage
large scale ^ 8). Accidents in railway transport is an event which occurred in the
connection with the operation of railway transport resulting in death, personal injury
health or considerable damage ^ 8). Other emergencies shall be construed as
the threat.
(3) the operator and the carrier shall be obliged to
and) immediately notify of any incident in the railway transport Railway
inspection and at the same time any serious accident and the accident in rail transport
Police of the Czech Republic,
(b)) to ensure emergency and instead make a documentation of the State at the time
the emergence of extraordinary events
(c) to secure the release of the track) to restore the operation of railways or railway
transport, unless other circumstances, and Rail Inspection issued to the
vacating the runway's approval,
(d)) the causes and circumstances of the incidents in rail
transport in the cases provided for by the implementing regulation, and do
measures for their prevention,
e) remove the deficiencies found in the origin of the incidents,
their causes and consequences and to receive within a specified period
measures designed to prevent incidents. ".
28. section 49d:
"§ 49d
(1) the Office shall keep a register of individual Railway part of the subsystems of the newly
built or upgraded tracks included in the European
rail system and a register of rail vehicles for owners of these
vehicles with headquarters or domicile or place of business, if different
from the residence, in the Czech Republic and intended for movement on the national
and regional. Manner of keeping the registers and information laid down therein, shall lay down the
the implementing legislation.
(2) information about the individual components of newly built or subsystems
upgraded tracks included in the European rail system
the railway or railway infrastructure manager provides the Office within 15 days after the introduction of
component subsystem to use.
(3) the details of the vehicle, which is designed for operation on the runway
national or regional, provides the owner of the vehicle of overhead
The railway or railway Office within 15 days following the entry into service of vehicles.
(4) information on the current status of the tracks included in the European
rail system and the rail vehicles designed for, and used to
movement on the national and regional Rail Authority sends every year
the authorities of the Member States of the European communities and of the European railway
Agency ^ ^ 8b 8a)). ".
29. Under section 49e is the present text becomes paragraph 1 and the following
paragraphs 2 to 6, including footnote No 8 c are inserted:
"(2) the railway authority may request the competent authority to the Commission for a change
technical specifications of connectedness. Application for amendment of the technical
interconnection specifications must contain
and the designation of the author) technical specifications for the interconnection,
(b) technical specifications for the connectedness of number),
(c) a description of the problem and of the factual) proposed solutions to the changes.
(3) if the Railway Authority, that part of the operational and technical interconnection
of the subsystem for which it was issued verification of conformity or suitability
the use does not comply with the essential requirements on the design and operating
conditions, shall decide on the imposition of a safeguard measure, which prevents further
the use of components of the operational and technical interconnection of the subsystem,
ensure that it is withdrawn from the market. Similarly, if the
notified body issued a verification of conformity or manufacturer issued EC
the Declaration of conformity for the part of the operational and technical interconnection
the conformity of the subsystem which does not meet. The imposition of a safeguard measure indicates
The railway Office of the Ministry of industry and trade. How to save
protective measures and lays down specific legal notification
prescription ^ 8 c).
(4) if the Railway Authority, that a structural subsystem, for which it was
verification of conformity issued or of suitability for use is not fully in accordance with the
the appropriate technical specification 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 the continued use of structural
the subsystem. The imposition of a safeguard measure indicates the railway authority
The Ministry of industry and trade.
(5) the Railway Authority shall ensure that the actual data held in the registry
each part of the subsystems of the newly built or upgraded
tracks listed in the European rail system and registry data
railway vehicles.
(6) the Railway Authority shall publish an annual report on its activities for the calendar
year and to 30. September of the following calendar year shall forward it to the European
the Railway Agency. The contents of the annual report sets out the detailed legal
prescription.
8 c) § 7 and 9 of Act No. 102/2001 Coll., on general product safety and the
amendments to certain laws (law on general product safety), as amended by
Act No. 277/2003 Coll. ".
Footnote # 8 c is referred to as a footnote
# 8f, and including a reference to a footnote.
30. Part seven, including headings and footnotes # 8 d and 8e:
"PART SEVEN
ADMINISTRATIVE OFFENCES
§ 50
Misdemeanors
(1) a natural person has committed the offence by
and) enter in conflict with section 4A(1). 1 on the track or in the circuit of the track on the
places that are not open to the public,
b) operates in the protection zone of the runway activity in violation of § 9 para. 1,
(c) violate or threaten the operation of) railways and railway transport or the damages
the components of the vehicle or component of overhead,
(d) intentionally damaged the runway construction), construction on the runway or other device,
that is part of this building, or intentionally disrupt the activity of overhead
equipment or overhead lines,
e) contrary to section 22 paragraph 1. 4 circuit track instruction neglects the operator
the track,
(f) violates any of the conditions of carriage laid down) for the transport of dangerous goods
on the basis of § 37 para. 2 (a). (j)) or § 37 para. 3 (b). (d)), or
(g)) as the owner of the vehicle does not provide details of overhead under § 49d para. 3.
(2) a natural person shall be guilty of an offence, as the owner of the track, by
and) will not provide contrary to section 20 (2). 1 maintenance and repair of the runway in the range
necessary for operational or will not allow the contacts with other
tracks, or
(b)) does not ensure in violation of § 21 para. 1 the operation of railways.
(3) a natural person as the owner of the national or regional
further commits the offence by
and foster the development of and) modernisation of the railways, pursuant to section 20 (2). 2,
(b)) will not offer contrary to section 20 (2). 3 track, which is not able to
to ensure its operability, the state purchased, or
(c)) will not allow in the case provided for in § 21 para. 1 the operation of railways, other
by an authorized person.
(4) a natural person as a safety consultant for the transport of
dangerous goods committed an offence by
and fails to provide an annual report) in accordance with subsection 1.8.3.3 regulations for
international carriage of dangerous goods ^ 8 d) (hereinafter referred to as "the regulations"),
or
(b)) has worked out the accident report under subsection 1.8.3.6 order.
(5) a fine may be imposed for the offense to
a) $ 10,000, in the case of an offense referred to in paragraph 1 (b). and), e) or (g))
or paragraph 4,
(b)) 1 000 000 CZK in the case of an offense referred to in paragraph 1 (b). b), c), or
(d)),
(c) Eur 10 000 000), in the case of a misdemeanor pursuant to paragraph 1. (f)),
paragraph 2 or paragraph 3.
Administrative offences of legal entities and natural persons-entrepreneurs
§ 51
(1) a legal entity or individual entrepreneur is committed by the administrative
tort by
and) will, in contrary to section 4A(1). 1 in the circuit of the track activities that
are business,
(b)) as the owner of a network of technical equipment placed in a circuit track
does not flow in a crash that network rail operator instructions
granted under section 5a paragraph 2. 3,
(c)) as the owner of a network of technical equipment placed in a circuit track
or in the protection zone of the runway does not ensure in the case provided for in § 5a
paragraph. 5 its operation, maintenance and repair, so that they do not become the cause of
threat to the life, health or property of persons,
d) operates in the protection zone of the runway activity in violation of § 9 para. 1,
(e) violate or threaten the operation of) railways and railway transport or the damages
the components of the vehicle or component of overhead,
(f) the construction of railways, corrupts) construction on the runway or other device that is
part of this building, or disrupt the operation of overhead equipment or
overhead lines,
g) operates a runway in violation of § 11 (1) 1 without official authorization,
h) operates the rail transport in violation of § 24 para. 4 without a valid
of the license,
I) violates any of the terms and conditions specified for the carriage of dangerous goods
on the basis of § 37 para. 2 (a). (j)) or § 37 para. 3 (b). (d)), or
j) as the owner of the vehicle does not provide details of overhead under § 49d para. 3.
(2) a legal entity or individual entrepreneur, as the owner of the track
committing an administrative offense, by
and) will not provide contrary to section 20 (2). 1 maintenance and repair of the runway in the range
necessary for operational or will not allow the contacts with other
tracks, or
(b)) does not ensure in violation of § 21 para. 1 the operation of railways.
(3) a legal entity or individual entrepreneur, as the owner of the track
national or regional administrative offence committed by
and foster the development of and) modernisation of the railways, pursuant to section 20 (2). 2,
(b)) will not offer contrary to section 20 (2). 3 track, which is not able to
to ensure its operability, the state purchased, or
(c)) will not allow in the case provided for in § 21 para. 1 the operation of railways, other
by an authorized person.
(4) a legal entity or individual entrepreneur, as the infrastructure manager
committing an administrative offense, by
and notifies the according to § 17) para. 2 the railway or railway administrative authority-related changes
the data and documents that are specified as requirements for an application
release of official authorization, or fails to submit the documents
(b)) according to § 18 para. 1 before the submission of the application for revocation
official authorisation for the operation of this railway administrative
authority or the owner of the track,
c) operates in violation of § 22 para. 1 (b). and)
(d)) does not ensure in accordance with section 22 paragraph 1. 1 (b). (c)), to the operation of railways
engaged in by the person physically and technically competent,
(e)) shall not disclose, in accordance with section 22 paragraph 1. 1 (b). d) timetables for
public railway passenger transport and their changes
(f)) does not mark the names of stations (stops), which operates pursuant to § 22 para. 1
(a). (e)),
g) has designed a technical device in violation of § 22 para. 1 (b).
(f)),
(h)) does not ensure in accordance with section 22 paragraph 1. 1 (b). g) carriers access to
services provided in a manner that excludes the benefit of any of the
carriers,
I shall limit the operation of railways) or part thereof contrary to Section 23b or 23 c,
j) immediately to the railway administrative Bureau, the owner or
the carrier of the facts referred to in Section 23b para. 2, or
to the data referred to in section fails to provide) 49d para. 2.
(5) a legal entity or individual entrepreneur, as the infrastructure manager
national or regional administrative offence committed by
and) runs contrary to section 11 (1) 1 track without a safety certificate,
the rail operator,
(b)) to secure a financially according to § 22 para. 2 (a). and proper operation of)
the track,
(c)), pursuant to section 22 paragraph 1 does not provide. 2 (a). (b) the duration of the financial papers)
eligibility for the proper operation of the railways,
(d)) do not submit pursuant to § 22 para. 2 (a). (e) the annual report on security)
operation of the railways,
(e)), pursuant to section 23(2) will not allow. 1 (b). and operate the railway transport on)
the track,
(f)) in cases in which case provided for in § 23 para. 1 (b). (b))
routes another runway,
g) does not pass the přídělci path capacity data on the nature and capacity of
operated transport route pursuant to § 23 para. 2 (a). and)
(h)) does not provide for pursuant to § 23 para. 2 (a). (b)) the range of
transport services for the transport of persons and goods, or to disclose it in the
Transport and tariff journal,
I) notifies the according to § 23a para. 4 railway or railway administrative authority, changes to the information
presented in the application for safety certificate
the rail operator, or fails to submit the documents referred to in Section 23a para.
2,
j) does not process the schedule pursuant to section 40 para. 1, or does it with
The Ministry of transport, with the county or with the carrier on the runway under section 40
paragraph. 2,
k) does not pass according to § 40 paragraph 2. 3 details of the current schedule in
the national information system on timetables, or
l) it's in violation of § 62 para. 4 funds for the operation of
the track provided out of public funds for other purposes.
(6) a legal entity or individual entrepreneur, as the infrastructure manager
or the carrier of the administrative offense committed by
and notify the emergence of extraordinary events) in rail transport pursuant to § 49 paragraph 1.
3 (b). and)
(b)) does not ensure in accordance with § 49 paragraph 1. 3 (b). (b)) instead of the emergency
or documentation does not state at the time of an incident,
(c)) will not secure according to § 49 paragraph 1. 3 (b). c) vacating the runway for recovery
the operation of railways or railway transport,
(d)) does not perform according to § 49 paragraph 1. 3 (b). (d) the identification of the causes and circumstances)
the emergence of extraordinary events, or
(e)), pursuant to section 49 does not accept paragraph 2. 3 (b). e) measures designed to prevent
the emergence of incidents.
(7) an administrative offense shall be fined in the
1 000 000 Czk), in the case of an administrative offence referred to in paragraph 1 (b). e), (f))
or (j)), paragraph 4 (b). a), b), (e)), f), (j)) or k) or paragraph 5
(a). b), c), (d)), g), (h)), i), (j)), k) or (l)),
(b)) 10 000 000 CZK in the case of an administrative offence referred to in paragraph 1 (b). and)
b), c), (d)), g), (h)), or i), paragraph 2, paragraph 3, paragraph 4 (b).
c), (d)), g), (h)), or i), paragraph 5 (b). and), e) or (f)) or paragraph
6.
(8) For administrative offence referred to in paragraph 1 (b). a), (d)), g), (h)) or i) can be
Save also a ban.
§ 52
(1) a legal entity or individual entrepreneur as a carrier commits
the administrative offense by
and notifies the according to § 32), para. 1 railway or railway administrative authority-related changes
the data and documents that are specified as requirements for an application
grant of license, or fails to submit the documents
(b) rail transport) operates in violation of § 35 para. 1 (b). and)
(c)) it's in violation of § 35 para. 1 (b). (d)) for the operation of the railway
transport rail vehicle or designated technical devices without a valid
a licence or in the technical condition, which does not match the
the approved competence,
(d)) does not ensure in accordance with § 35 para. 1 (b). (e)), so that the rail vehicle
guided by a person with a valid proof of eligibility for management,
(e)) does not ensure in accordance with § 35 para. 1 (b). (f)), that the rail transport
carry out physically and technically competent person, or
(f)) do not follow the instructions in the operation of railway transport the rail operator
udílenými pursuant to § 35 para. 1 (b). (g)).
(2) a legal entity or individual entrepreneur as a carrier on the runway
national or regional administrative offence committed by
and) runs contrary to § 24 para. 4 rail transport without a valid
certificate from the carrier,
(b)) has notified under section 34 h of paragraph 1. 5 the railway or railway administrative authority, changes to the information
presented in the request for grant of a certificate, or fails to submit
papers,
(c)), pursuant to section 35 does not provide financially para. 2 (a). and proper operation of)
of railway transport,
(d)) under section 35 paragraph 1 does not provide. 2 (a). (b) railway or railway administrative authority)
evidence of the duration of financial eligibility for the proper operation of railway
transport,
e) put matters right or fails to pay in accordance with § 35 para. 2 (a). d) insurance from
liability from the operation of railway transport, or
(f)) do not submit pursuant to § 35 para. 2 (a). (g)) the railway or railway administrative authority
the annual report on the safety of the operation of railway transport.
(3) a legal entity or individual entrepreneur as a carrier in the
public railway transport guilty of an administrative offense, by
and will not secure) in accordance with paragraph 36 (b). f) předlékařskou first aid
the case of a serious accident or an accident,
(b)) to secure in the cases specified in section 36 (e). g) replacement transport
aborted public railway passenger transport,
(c)) does not mark the vehicle or rail kit rail vehicles under section 36
(a). (h)),
d) reduce or close public railway transport in violation of § 38 paragraph 1(a). 7,
or
(e) not disclose the transitional restrictions) or stop public railway transport
According to § 38 paragraph 1(a). 2 or is pursuant to § 38 paragraph 1(a). 7 notify the railway or railway
administrative authority.
(4) a legal entity or individual entrepreneur as a carrier
providing transport services within the framework of public service obligations commits
the administrative offense by
and in the provision of transport services) outside of the public service obligations or
other activities does not keep separate records of the summary analysis of the commitments
public services pursuant to § 39a para. 4, or
(b)) it's in violation of § 62 para. 4 funds provided from the
public funds to operate a public rail transport to
other purposes.
(5) a legal entity or individual entrepreneur as a carrier
operating a public railway passenger transport on the track tramway,
trolley bus, a special cable or administrative offense committed by
do not submit before the start of railway transport timetable for approval
the railway or railway administrative authority pursuant to § 41 para. 1.
(6) a legal entity or individual entrepreneur as the allocator allocates capacity
the transport route of the administrative offense committed by
and it will not process or disclose) statement – according to § 34 c of paragraph 1. 1 and
2, or
(b) the capacity of the infrastructure shall allocate) contrary to section 34e or 34f.
(7) the legal entity or individual entrepreneur, as a participant in the transport
dangerous goods committed an administrative offense, by
and does not provide adequate training of staff) involved in the
transport of dangerous goods in accordance with Chapter 1.3 of the order,
(b) fails to comply with the obligation to) in terms of safety referred to in Chapter 1.4 of the order,
(c)) does not appoint safety adviser for the transport of dangerous goods
order under subsection 1.8.3.1
(d)) has worked out the security plan will not provide training, employees or
does not comply with the provisions of the security plan pursuant to Chapter 1.10 of the order,
(e)) to be used for the transport of dangerous goods other than prescribed by the packaging or
the tank or is to be used other than as specified under part 4
The order,
(f)) does not mark a dangerous thing in accordance with section 5 of the regulations,
g) nepřiloží duly completed documents required for the carriage of
dangerous goods provided for in chapters 5.1 and 5.4 of the code,
h) violates any of the requirements for the construction and testing of packagings, large vessels for
bulk substances, large packagings or tanks in accordance with section 6 of the regulations,
or
I) violates any of the terms and conditions of carriage, loading, unloading and handling
dangerous goods in accordance with section 7 of the order.
(8) a legal entity or individual entrepreneur, as the infrastructure manager
in the carriage of dangerous goods in the marshalling yards commits
the administrative offense that does not ensure the elaboration of internal emergency
plans (section 1.11) for the transport operation referred to in subsection 1.4.3.6
Of the order.
(9) the legal entity or individual entrepreneur as a carrier or
the operator of railways in the transport of dangerous goods committed by administrative
offense that has failed to report on the accident, according to section 1.8.5 of the order.
(10) a legal entity or individual entrepreneur, as the sender in the
transport of dangerous goods committed an administrative offense that by
send as a dangerous thing in accordance with part 2 of the regulations.
(11) an administrative offense shall be fined in the
1 000 000 Czk), in the case of an administrative offence referred to in paragraph 1 (b). and)
paragraph 2 (a). b), c), (d)), e) or (f)), paragraph 3 (a). a), b), c)
or (e)), paragraph 4, paragraph 5, or section 6, paragraph 7 (b). and)
b), c), (e)), f), (g)), h) or (i)), paragraph 8, paragraph 9, or paragraph
10,
(b)) 10 000 000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (b)),
(c)), d), (e)), or (f)), paragraph 2 (a). and paragraph 3 (b)). (d)) or
paragraph 7 (b). (d)).
(12) for the administrative offence referred to in paragraph 2 (a). a), paragraph 7, paragraph
8, paragraph 9, or paragraph 10, also may be imposed a ban.
§ 52a
Common provisions
(1) a legal person for an administrative offence is not liable if he proves that
made every effort, that it was possible to require that the infringement of the
a legal obligation is prevented.
(2) in determining the amount of the sanction to a legal person shall take account of the seriousness of the
the administrative offense, in particular, the way a criminal offence and its consequences, and
the circumstances under which it was committed.
(3) the liability of a legal person for an administrative offense shall cease, if the
the competent authority has not initiated proceedings within 2 years from the date on which it
learned, but no later than 4 years after the date on which it was committed.
(4) the ban on the activities of the legal person can be saved for up to three years. To
the period of disqualification is counted the time during which the offender on the basis of
measures of the administrative authority in connection with the present
the administrative tort was not allowed to perform this activity already.
(5) The liability for the acts, which took place in the business
person ^ 8e) or in direct connection with the applicable provisions of the Act
on the liability of legal persons and sanctions.
(6) administrative offences under this law in the first instance hearing
the railway administrative Bureau with the exception of administrative offences pursuant to § 51 para. 6,
which dealt with Railway inspection.
(7) the Offences pursuant to § 50 para. 1 (b). c) to (f)) may discuss in
block control Police of the Czech Republic.
(8) the authority which levied the fine is imposed. Income is income from fines
the budget from which is covered by the activities of the authority, which imposed the fine.
(9) the penalty is due within 30 days from the date when the decision on its imposition
came into legal force.
8 d) Decree No. 8/1985 Coll., on the Convention on international carriage by rail
(COTIF), as amended.
8e) § 2 (2). 2 of the Act No. 513/1991 Coll., the commercial code, as amended by
amended. ".
31. section 53b, including footnote # 8 g:
"§ 53b
(1) the Railway Inspectorate carries out the causes and circumstances of discovery
serious accidents in railway transport and accidents and threats to the established
an implementing regulation. In doing so, discovers weaknesses threatening
the safety of the operation of railways or railway transport and their causes. When
the detection of causes and circumstances of the incidents of railway
the inspection shall proceed to make the operation of railways and railway transport was
resumed as soon as possible. Natural and legal persons concerned by the extraordinary
events are entitled to require information about the start and during the
investigation of the incident and to express to his conclusions. The results of the
investigation of causes and circumstances of an extraordinary event will discuss Railway
inspections with the operator and the carrier involved in the extraordinary
events and with the Railway Authority, and shall inform them of the natural and legal persons
an extraordinary event in question. Investigations under this paragraph does not replace
control by a special Act and 8 g) ^ takes place independently.
(2) If a serious accident in the railway transport, an accident or a threat
laid down by the implementing regulation in the border stretch of the railways and
It is not possible to determine whether the place of the incident lies in the territory of the United
States, agreed with the Railway inspections the inspection body responsible
EC Member State on how to determine the causes and circumstances of extreme
events in railway transport.
(3) in determining the causes and circumstances of the incidents are
Rail inspection inspectors are authorized to
and enter the place) incident on related space and
the overhead vehicle involved in the incident, the
(b)) provide evidence relating to the investigation of the causes and circumstances
the formation of special events including the outputs from the recording equipment
located in railway vehicle participating in the emergency and
control the removal of debris, the vehicles of overhead and fixed installations
needed to ensure the safety and flow of railway transport for
the purpose of the examination,
(c)) to request immediate access to the results of an inspection of the remains of the victims
a serious accident or of an accident and to the results of examinations of employees
the carrier involved in the incident, the
(d) require an explanation from the Administration) of the employees of the carrier involved in the
the emergency and from other witnesses of an incident,
e) request from the operator of, the carrier and the Overhead of the Office other
information or records relating to the discovery of the causes and circumstances
extraordinary events.
(4) the inspection shall lodge a complaint the railway the railway or railway administrative authority to begin
proceedings concerning the transitional restrictions on rail transport as long as necessary,
If required ensure safe railways and railway transport
upon the occurrence of an incident, and after finding their causes and circumstances
Depending on the nature of the case shall submit a proposal to the initiation of the proceeding
and of the withdrawal) safety certificate, the operator of the national and
regional (§ 23a),
(b)) of the withdrawal of the carrier certificate (section 34 h),
(c) a decision on incapacity) of overhead vehicle (section 44),
(d)) for a decision on incapacity of specified technical equipment in
operation (§ 48).
(5) the Railway Inspectorate announces the European railway agency within 7 days
the initiation of the investigation, the causes and circumstances of the incidents on the
national and regional. The results of the investigation the causes and circumstances
occurrence of incidents will draw up a report which will provide the European
the Railway Agency, the owner of the track, the track operators, carriers,
The railway or railway authority and the competent authority of the Member State of the European
the community, if the incident involved in the carrier established in
that Member State. If the Railway Inspectorate on the basis of the results of the investigation
causes and circumstances of an incident shall take in the message
the safety recommendations, is the owner of the track, the infrastructure manager, or
the carrier shall be obliged to take measures to ensure the safe operation of
railways and railway transport and the measures taken to announce the rail inspection. Pattern
reports on the results of the investigation of causes and circumstances of extraordinary
the event lays down detailed legislation.
(6) the Railway Inspectorate shall publish by 30. September of the calendar year of the annual
a report on the investigation of causes and circumstances of the incidents in
the previous calendar year. This message will provide the European railway
the Agency.
8 g) Act No. 141/1961 Coll., on criminal court proceedings (code of criminal procedure). ".
32. In paragraph 55, the current text shall become paragraph 1 and the following
paragraph 2, which including the footnotes # 8 and 8i:
"(2) the Office shall exercise the responsibilities of the railway to the supervisory authority pursuant to the provisions
special legal regulation over the set out products ^ 8 h) and other
^ 8i) products intended for the operation of railways and railway transport, which are
part of the railways or railway vehicles, over the drážními vehicles, designated by the
technical equipment and over structural and operational subsystems to
rail systems included in the European rail system.
8 h) § 18 para. 1 (b). (b)) of the law No. 22/1997 Coll.
8i) § 7 para. 1 of law No 102/2001 Coll. ".
33. In § 58 para. 1 the first sentence reads: "State supervision in matters of railways
perform the railway administrative offices and Railway inspection. ".
34. in paragraph 59, the following new § 59a is inserted:
"§ 59a
Fine won
(1) the owner of the track, the track operators and carriers, who disobeyed the
the person responsible for the exercise of State supervision in matters of railways in
the performance of this surveillance, the railway administration or a Railway inspection
impose a fine up to 100 000 CZK.
(2) you can save fined repeatedly, if the obligation has not been fulfilled
even within the newly laid railway administrative authority or the railway
inspections. The sum of the following fines imposed shall not exceed the amount of 300 000
CZK.
(3) fined can be stored in 1 year from the date of failure to comply with the stored
obligations.
(4) the fine imposed by the Ministry of transport of the Riot is the income of the State
budget, won the penalty imposed by another railway administrative authority or
Railway inspection budget is income from which is subject to the phone activities
This Office. ".
35. In section 66 paragraph 1. 1, after the words "§ 22 para. 5.0 "the words" § 23a
paragraph. 7, ", the words" section 34e of paragraph 1. 7.0 "and the words" § 34f para. 3.0 ' shall be deleted,
After the words "§ 27a para. 4.0 "with the words" § 34 h of paragraph 1. 9.0 "and the words" §
49A para. 4 and § 49d para. 1 "shall be replaced by ' paragraph 49d paragraph. 1, § 49e
paragraph. 6 and § 53b para. 1, 2 and 5 ".
Article II
Transitional provisions
1. the obligation of persons provided for by law to submit an annual report on
the safety of the operation of railways in accordance with section 22 paragraph 1. 2 (a). e) of Act No.
266/1994 Coll., in the version in force from the date of entry into force of this Act,
or the annual report on the safety operation of railway transport under section 35
paragraph. 2 (a). g) Act No. 266/1994 Coll., in the version in force from the date of
entry into force of this Act, and to publish an annual report on the activities of the
Overhead of the authority under section 49e para. 6 of Act No. 266/1994 Coll., as amended by
effective from the date of entry into force of this Act, or the annual report on
investigation of causes and circumstances of the incidents under section 53b
paragraph. 6 of Act No. 266/1994 Coll., in the version in force from the date of acquisition
the effectiveness of this law, shall apply for the first time for the calendar year 2006.
2. operators of the national and regional Governments, who run the track
on the basis of an official authorisation shall be required, within one year of the effectiveness of the
This law may request the railway administrative office for the issue of a certificate of
the safety of the rail operator. Until the decision of the administrative overhead
the authority to issue safety certificates shall be considered as the rail operator
for the rail operator, which was a safety certificate
the rail operator released.
3. a certificate issued pursuant to the provisions of the carrier's existing legal
legislation is deemed to be a certificate of the carrier under this Act, and
shall remain in force until 31 December 2006. December 2007.
4. the time limits laid down by law for the submission of applications for the allocation of capacity
traffic routes pursuant to § 34 d of paragraph 1. 2 Act No. 266/1994 Coll., as amended by
effective from the date of entry into force of this law, for the preparation of a proposal
timetable according to § 40 paragraph 2. 1 Act No. 266/1994 Coll., as amended by
effective from the date of entry into force of this Act, and for his discussion of the
According to § 40 paragraph 2. 2 Act No. 266/1994 Coll., in the version in force from the date of
entry into force of this law, shall be applied for the first time in processing
timetable valid for the period 2008-2009.
Article. (III)
The publication of the full text of the Act
The Prime Minister shall be empowered, in the collection of laws promulgated the full text
Act No. 266/1994 Coll., on rail, as derived from the laws and from the award
The Constitutional Court it changing.
PART TWO
Changing the law on misdemeanors
Article IV
Act No. 200/1990 Coll. on offences, as amended by Act No. 337/1992 Coll.,
Act No. 344/1992 Coll., Act No. 357/1992 Coll., Act No. 67/1993 Coll.
Act No. 290/1993 Coll., Act No. 133/1994 Coll., Act No. 83/1995 Coll.
from ákona no 237/1995 Coll., Act No. 283/1995 Coll., Act No. 288/1995
Coll., Act No. 111/1998 Coll., Act No. 168/1999 Coll., Act No. 360/1999
Coll., Act No. 29/2000 Coll., Act No. 121/2000 Coll., Act No. 132/2000
Coll., Act No. 151/2000 Coll., Act No. 258/2000 Coll., Act No. 361/2000
Coll., Act No. 366/2000 Coll., Constitutional Court declared under no.
52/2001 Coll., Act No. 164/2001 Coll., Act No. 254/2001 Coll., Act No.
265/2001 Coll., Act No. 273/2001 Coll., Act No. 273/2001 Coll., Act No.
312/2001 Coll., Act No. 6/2002 Coll., Act No. 62/2002 Coll., Act No.
78/2002 Coll., Act No. 218/2002 Coll., Act No. 259/2002 Coll., Act No.
285/2002 Coll., Act No. 312/2002 Coll., Act No. 320/2002 Coll., Act No.
218/2003 Coll., Act No. 274/2003 Coll., Act No. 361/2003 Coll., Act No.
47/2004 Coll., Act No. 435/2004 Coll., Act No. 501/2004 Coll., Act No.
559/2004 Coll., Act No. 95/2005 Coll., Act No. 379/2005 Coll., Act No.
392/2005 Coll. and Act No. 411/2005 is amended as follows:
1. in paragraph 1 of article 23. 1 (b). (b)), the words "track or" shall be deleted.
2. in paragraph 2 of article 23. 1 (b). (f)), the word "rail," is deleted.
3. in paragraph 2 of article 23. 1 points in) up from) are deleted.
PART THREE
The EFFECTIVENESS of the
Article. In
This Act shall take effect on 1 January 2000. July 2006.
Fort Worth Star Telegram in r.
Klaus r.
Paroubek in r.
