Rail Systems (Amendment) Act And The Provincial Offences Act

Original Language Title: změna zákona o dráhách a zákona o přestupcích

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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.

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