377/2009 Sb.
LAW
of 7 November. October 2009,
amending Act No. 266/1994 Coll., on rail, as amended
the laws of the
Parliament has passed the following Act of the United States:
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., Act No. 1/2005 Coll., Act No.
181/2006 Coll., Act No. 186/2006 Coll., Act No. 191/2006 Coll., Act No.
296/2007 Coll., Act No. 124/2008 Coll. and Act No. 227/2009 Coll., is amended
as follows:
1. In article 1 (1). 1, after the words "the community" ^ 1 ")" the words ",
at the same time follows the directly applicable European regulation
^ 1a) community ".
Former footnote No. 1a to 1 d are known as notes under
line 1b-1e, including references to footnotes.
Footnote No. 1a is added:
"1a) European Parliament and Council Regulation (EC) no 1371/2007 of 23 April.
October 2007 concerning the rights and obligations of passengers in railway
carriage. ".
2. In article 35, paragraph 2, the following paragraph 3, including the
footnote No. 6 h:
"(3) the carrier who operates the public railway passenger transport on the track
national or regional on the track, is also required to disclose to the 30.
June of the calendar year, a report on the quality of the services provided for
previous calendar year ^ 6 h) this message and provide the European
the Railway Agency.
The former paragraph 3 shall become paragraph 4. The existing notes
footnote 6 h and 6i are referred to as footnote No. 6i and 6j, and
including links to footnotes.
6 h) Article. 28 European Parliament and Council Regulation (EC) no 1371/2007. ".
3. under section 36 shall be inserted a new section 36a, which reads as follows:
"§ 36a
To April 3. December 2014, on the operation of national public rail
passenger transport article. 8, 10, 17, art. 18 paragraph 1. 2 (a). a) and b), and article. 18
paragraph. 3 regulation of the European Parliament and of the Council (EC) of 23. October
2007 on the rights and obligations of rail passengers,
article. 7 (2). 2 (a). (b)). Article 17(1). 2 (a). (b)). 24 paragraph 2. 3 (b).
(b)) and article. 32 of annex 1 and annex 2 to this regulation, shall not apply. ".
4. In article 52, paragraph 5, the following paragraph 6 is added:
"(6) a legal entity or individual entrepreneur is committed by the administrative
tort, contrary to the directly applicable European law
^ 1a) the community as a
and the carrier or reseller) transport document does not inform passengers on
the station, where there is no driving documents or dispensing facility for a vending machine,
options to purchase via phone, driving a document over the Internet
or on the train and the next station or the place where they are available
dispensaries driving documents or vending machines,
(b)) the carrier or the Station Manager does not load non-discriminatory rules
for access applicable to the carriage of disabled persons and persons with
limited mobility,
(c)) of the carrier, operator of the transport document, the seller of travel
Office or travel agency operator requires
or sell tickets to disabled persons or
persons with reduced mobility reimbursement of additional
costs which are not required in similar cases,
d) carrier, transport documents, vendor travel operator
Office or travel agency operator wrongly refused
to accept the reservation or to issue a transport document disabled
person or person with reduced mobility or
wrongly claimed that these people were accompanied by another person,
e) carrier, transport documents, vendor travel operator
Office or travel agency operator does not provide on request
information about the conditions of carriage of persons with disabilities or persons
with reduced mobility and accessibility of the railway
vehicles and their equipment for these persons,
f) carrier, transport documents, vendor travel operator
Office or travel agency communicated to the operator upon request
in writing within 5 working days the disabled person or
a person with reduced mobility of the reasons why it
refused to accept the reservation, issue a transport document or why
requested that this person was accompanied by another person,
g) of the carrier or operator of the station in breach of the relevant
technical specifications of connectivity does not ensure that the station,
the platform and the train, or other elements are accessible
disabled persons and persons with reduced mobility
orientation,
h) the carrier or the Station Manager does not provide the space occupied by the station
disabled persons or persons with reduced mobility
the orientation of the free assistance in getting on the train, alighting from the
train or transfer between trains,
I) the carrier or the Station Manager does not ensure in the unoccupied station
easily accessible information about the launch of the nearest occupied
stations and available assistance for disabled persons or persons with
limited mobility,
j) carrier can complaint within 1 month and in justified cases
within 3 months after their submission,
k) the carrier does not define the quality of service standards for the carriage of passengers and
establishes the quality management system,
l) will not disclose the carrier until 30 June. June of the calendar year, a report on the quality of the
of the services provided,
m) carrier, transport documents, vendor travel operator
Office or travel agency does not inform the operator when selling
travel documents of passengers about their rights and obligations
arising from the directly applicable European legislation
Community ^ 1a), or
n) the carrier or the Station Manager does not inform the passengers in the station
or train in an appropriate manner about the address of the administrative authority referred to in section
55 paragraph 1. 3. ".
Paragraphs 6 to 12 are renumbered 7 to 13.
5. § 52 paragraph 12 and 13 shall be added:
(12) 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)), paragraphs 4 to 7, paragraph 8 (a). a) to (c)) and e) to (i)), or
paragraphs 9 to 11,
(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 8, subparagraph (a). (d)).
(13) for the administrative offence referred to in paragraph 2 (a). and) or of paragraphs 8 to 11
You can also save a ban. "
6. In § 52a paragraph 6 is added:
"(6) the administrative offences under this law in the first instance hearing
with the exception of the railway administrative Bureau
and) administrative offences pursuant to § 51 para. 6, which dealt with Railway
the inspection, and
b) administrative offences pursuant to § 52 para. 6, if the offense commits a
the operator of a travel agent or the operator of a travel agency,
the municipal Trade Office. ".
7. In paragraph 55, the following paragraph 3 is added:
"(3) the railway authority shall supervise the fulfilment of the obligations concerning
respect for the rights of rail passengers by directly
of the applicable legislation of the European communities "^ 1a) and handles complaints
violations of these obligations. ".
8. In § 58 para. 2 the words "in the interest of the safe operation of railways and
railway transport ' shall be deleted.
Article. (II)
The effectiveness of the
This law shall enter into force on 3 December 2005. December 2009.
Vaidya in the r.
Klaus r.
Fischer v. r.