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The Amendments To The Railway Law

Original Language Title: Grozījumi Dzelzceļa likumā

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The Saeima has adopted and the President promulgated the following laws: the law on the amendments to the railway to make Railway Act (the Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 1998, no. 9; 1999, no. 5, 23; 2001, nr. 1; 2003, 6, 10, 23; 2004, nr. 8. nr.) the following amendments: 1. Express article 3 paragraph 5 by the following: "5) the people carrier or rail infrastructure manager's task to ensure the appropriate technological processes (technical equipment of railway infrastructure construction repair and maintenance of railway rolling stock construction, repair and maintenance and shunting work). "
2.19. Article: turn off the fourth part;
Supplement fifth subparagraph following the words "stop points" with the words "which is a public-use railway infrastructure".
3. Express article 27 and 28 by the following: "article 27. Public-use railway infrastructure capacity allocation of (1) the public railway infrastructure manager is responsible for the allocation of railway infrastructure capacity between carriers in the management infrastructure.
(2) Public-use railway infrastructure capacity to be allocated in respect of the principle of equality is respected, and ensure optimal use of the railway infrastructure.
(3) Public-use railway infrastructure capacity allocation of priority is those railway services, which are provided to State or municipal railway contract basis, and services, which are provided in whole or in part, using special purpose (high-speed, freight and similar services) or build national public rail infrastructure. Railway infrastructure manager may require the damages that it occurs within certain transport priorities.
(4) Public-use railway infrastructure capacity is allocated on the basis of the railway infrastructure manager submitted applications for the operation of the railway infrastructure. Submissions to the infrastructure manager shall submit to the carriers.
(5) Public-use railway infrastructure capacity shall not split the institution (company), which also provides transport services. If the public-use railway infrastructure manager also provides rail transport services, the allocation of railway infrastructure capacity the State Railway Administration.
(6) Submissions are considered subject to the twelfth referred to in Cabinet arrangements, as well as available and according to the priorities set out in the law already broken the public railway infrastructure capacity.
(7) On the public railway infrastructure under the broken power of the relevant infrastructure manager and the carrier shall conclude a contract, in which the governing administrative and financial questions. If the period of validity of the contract more than one working timetable period, shut down an agreement on the long-term railway infrastructure use, subject to the carrier's commercial needs.
(8) The carrier, which has a certain power, this capacity is not entitled to transfer or sell to another carrier. If you violate this prohibition by the carrier, it can be prevented from further public-use railway infrastructure.
(9) To promote the optimal use of public railway infrastructure, the infrastructure manager shall, if required by the carrier in a contract concluded on the public-use railway infrastructure, have the right to request and receive a fee for the use of railway infrastructure capacity, if it is granted, but not used. Public-use railway infrastructure manager of unused capacity, of which refused the carrier into other carriers subject to the twelfth part of the Cabinet.
(10) Public-use railway infrastructure manager shall have the right to raise the charge for congested rail infrastructure. The fee may be raised only after the developed and congested rail infrastructure users discussed the capacity enhancement plan.
(11) Public-use railway infrastructure is considered to be overloaded when the rolling stock indices power it uses at least 75 percent.
(12) The procedures are divided into public-use railway infrastructure capacity (as well as the infrastructure manager's action, if the infrastructure is overloaded), the operation of the application, then add the contents of documents, financial and other guarantees, escalation procedures, as well as action at the capacity allocation is determined by the Cabinet of Ministers.
28. article. Public-use railway infrastructure report public rail infra texture tour manager shall prepare a public statement of the railway infrastructure (network overview), whose content and publication procedure determined by the Cabinet of Ministers. "
4. Replace article 31, first paragraph, paragraph 13, the words "traffic" with the words "the Minister of the Cabinet".
5. Express article 33 paragraph 2 of the third paragraph the following wording: "2) control of civil protection measures (including prevention, response and relief measures) of carrying out the operation of the railway;".
6. Replace article 34, third paragraph, the word "application" with the word "submission".
7. Replace article 36.1 in the third and fourth subparagraph and article 37, second paragraph, the words "traffic" with the words "Ministers of the Cabinet of Ministers".
8. Put the name of article 41 and the first part as follows: "article 41. Action under exceptional circumstances, on the railway (1) individuals whose actions binding clouded with railway operation, under exceptional circumstances (fire, natural disaster, accidents and other emergency conditions) Act according to the Civil protection law and regulations. "
9. transitional provisions be supplemented with 14, 15 and 16 of the following paragraph: "the 14 cabinet six months after the entry into force of this Act, issue 19 of this law in the fifth subparagraph of article provided.
15. The Cabinet of Ministers to 2006 January 1 article 27 of this law shall be issued for the twelfth part of article 28, article 31, first paragraph, paragraph 13, article 36.1 in the third and fourth subparagraph and the second subparagraph of article 37 of the rules laid down.
16. Article 27 of this law in the twelfth paragraph, article 31, first paragraph, item 13 and article 37 referred to in the second subparagraph of Cabinet regulations effective date, but no longer than up to January 1, 2006, to apply the following provisions of the Ministry of transport, so far as they are not inconsistent with this law: 1) by the Ministry of transport of 4 august 2004, the Regulation No 21 "public-use railway infrastructure capacity allocation procedure";
2) 2001 of the Ministry of transport the provisions of 13 September 25 "railway rolling stock, national registration order";
3) by the Ministry of transport on 6 January 2005, the provisions of no. 1 "rules for traction (the engineer) instructor, traction, the driver (engineer), traction (the engineer) Assistant competency certificate, the extension of its period of validity and cancellation";
4) by the Ministry of transport on 6 January 2005, the provisions of no. 2 of the "regulations on railway specialist professional qualifications". "
10. Make the informative reference to European Union directives as follows: "Informative reference to European Union directives, the law includes provisions resulting from: 1) of the Council of 29 July 1991 Council Directive 91/440/EEC on the development of the community's railways;
2) Council of 19 June 1995 directive 95/18/EC on the licensing of railway undertakings;
3) Council of 23 July 1996 of Directive 96/48/EC on the interoperability of the trans-European high-speed rail system;
4) of the European Parliament and of the Council of 26 February 2001, Directive 2001/12/EC amending Council Directive 91/440/EEC on the development of the community's railways;
5) of the European Parliament and of the Council of 26 February 2001, Directive 2001/13/EC amending Council Directive 95/18/EC on the licensing of railway undertakings;
6) the European Parliament and of the Council of 26 February 2001, Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification;
7) the European Parliament and of the Council of 19 March 2001, Directive 2001/16/EC on the interoperability of the trans-European conventional rail system. "
The Parliament adopted the law in 2005 to 6 October.
State v. President Vaira Vīķe-Freiberga in Riga in 2005 13 October editorial comment: the law shall enter into force on 27 October 2005.