Act No. 103 / 2004 Coll.
Act amending Act No. 266 / 1994 Coll., on Railways, as amended, Act No. 56 / 2001 Coll., on the Conditions for the Operation of Vehicles on the Road and amending Act No. 168 / 1999 Coll., on Insurance of Liability for Damage Caused by the Operation of Vehicles and on the Change of Certain Related Acts (Act on Insurance of Liability from the Operation of Vehicles), as amended, Act No. 307 / 1999 Coll., and Act No. 111 / 1994 Coll., on Road Transport, as amended
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103
THE LAW
of 11 February 2004
amending Act No. 266 / 1994 Coll., on Railways, as amended, Act No. 56 / 2001 Coll., on the Conditions for the Operation of Vehicles on the Road and amending Act No. 168 / 1999 Coll., on Insurance of Liability for Damage Caused by the Operation of a Vehicle and on the Change of Certain Related Acts (Act on Insurance of Liability from the Operation of a Vehicle), as amended, Act No. 307 / 1999 Coll., as amended, and Act No. 111 / 1994 Coll., on Road Transport, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Railway Act
Act No. 266 / 1994 Coll., on Railways, 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., the finding of the Constitutional Court published under Act No. 144 / 2002 Coll., Act No. 175 / 2002 Coll., Act No. 309 / 2002 Coll. is amended as follows:
1. In Paragraph 2, the following paragraphs 6 to 8 are inserted after paragraph 5, including footnote 1a:
"(6) Public interest in combined transport means interest in promoting a more environmentally friendly mode of transport. The aid for combined transport in the public interest shall be understood as a tax rebate under specific legislation. (1a)
(7) Transport services means ensuring the transport needs of citizens in the territory of the county or state in the public interest. Within the transport service, the State provides basic transport services. Within the scope of its own competence, the Region contributes to the transport services of the Region.
(8) Combined transport means freight transport using road or water transport in one journey except rail transport.
1a) § 12 of Act No. 16 / 1993 Coll., on Road Tax, as amended by Act No. 102 / 2004 Coll. '
Paragraph 6 shall be renumbered paragraph 9 and footnotes (1a) and (1b) shall be renumbered footnotes (1b) and (1c), including footnote references.
2. The following Section 3a is inserted after Section 3:
(1) The European rail system consists of a conventional rail system and a high-speed rail system. It shall be understood as railway lines within the territory of the Member States of the European Communities, as defined by Decision of the European Parliament and of the Council as part of a European transport network built or upgraded for high-speed rail transport or for conventional rail transport and combined rail transport and for railway vehicles operating on such railways; the elements of the European rail system are laid down in implementing legislation.
(2) The rail on which high-speed rail transport is operated is a track equipped for the speed of railway vehicles above 200 km / h. A railway track equipped for the speed of railway vehicles up to 200 km / h intended for passenger or freight transport and combined transport is a conventional track.
(3) The list of railway tracks included in the European rail system shall be notified by the Ministry of Transport by a communication in the Collection of Laws. '.
3. In Article 22 (1), the following point (g) is added:
"(g) ensure that carriers have access to the services provided by the rail operator in a way which excludes the advantage of one of the carriers. The scope of the services provided by the railway operator shall be laid down in implementing legislation. ';
4. in Article 23 (1) (a), the comma and the words "the allocated road capacity" shall be inserted after the words "the valid licence."
5. in Article 23 (2) (a), the words "each year on 31 December of the relevant calendar year to notify the railway authority of the free capacity of the road" shall be replaced by the words "no later than 18 months before the timetable is in force," and the words "available for allocation to carriers" shall be deleted.
6. In Article 24 (4), the words "allocated infrastructure capacity in the case of railway services on a national or regional track 'and the words" or special legislation' are inserted after the words "valid licences', including footnote 5.
7. In Article 24, the following paragraph 5 is inserted after paragraph 4:
"(5) Rail transport on a national or regional track may be operated if a price has been agreed on in accordance with the pricing rules (6) and the method of reimbursement has been determined. '
Paragraph 5 shall become paragraph 6.
8. In Paragraph 25 (1), point (d) is deleted.
Point (e) shall be renumbered as point (d).
9. in Paragraph 25, paragraph 2, including footnote (6a), shall be deleted and the designation of paragraph 1 shall be deleted;
10. in Article 27a (3), the words, including footnote (6a), shall be inserted after the words "in particular," if he has entered into liquidation or his property has been declared bankrupt, or if an application for bankruptcy of his property has been rejected for lack of property 6a) or ';
6a) Act No. 328 / 1991 Coll., on bankruptcy and settlement, as amended. '
footnote (6b) shall be renumbered footnote (6g), including the footnote references.
11. in Article 27a, the following paragraph 4 is inserted after paragraph 3:
"(4) The carrier must be covered by liability insurance for damage caused by the operation of railway transport. ';
Paragraph 4 shall become paragraph 5.
12. in Article 28 (1), point (e) is deleted;
Points (f) and (g) shall become points (e) and (f).
13. in Paragraph 28 (1) (f):
"(f) in the case of tram, trolleybus and special rail, the design of the time lines and the design of routes, including stops for boarding and exit and the determination of the starting and destination stops,"
14. in Paragraph 30 (1) (d), the words "and the scope and frequency of transport" shall be deleted;
15. in Paragraph 30 (2), the second sentence is deleted;
16. in Article 31 (2), the words "or the timing of trains" shall be deleted;
17. in Paragraph 32 (1), the last sentence is deleted;
18. The following Sections 34a to 34g are inserted after Section 34, including the headings and footnotes No 6b to 6f:
Licences granted by a Member State of the European Communities
(1) Licences for the operation of railway transport granted by the Office of the Member State of the European Community6b) are valid in the Czech Republic.
(2) Where the licence issued pursuant to paragraph 1 does not provide for a period of validity, the railway administration shall examine at least once every five years the conditions laid down in the licence. If the railway administration finds that the conditions for granting the licence are not met, it shall immediately inform the competent authority of the State which issued the licence.
(3) If the Railway Administration issues, suspends, modifies or withdraws a licence for the operation of railway services on railways included in the European rail system, it shall inform the Commission of the European Communities accordingly. (b)
Allocation of road capacity on the national and regional runway
(1) The capacity of the road is, for the purpose of the operation of railway transport, its usable passageway within the framework of the layout of the required train paths on the section of the road during a certain period.
(2) The infrastructure capacity on the national and regional rail is allocated by a person (hereinafter referred to as the allocation), which is:
(a) Railway Infrastructure Administration, 6c) when the road is State-owned,
(b) the owner of the road in the case of a non-State-owned road.
(3) If the infrastructure capacity is allocated on a national and regional route by multiple allocations, they shall cooperate with each other and coordinate their activities in order to effectively allocate the infrastructure capacity exceeding one route. To this end, those persons shall be set up by the Joint Infrastructure Capacity Allocation Coordination Body.
Railway declaration national and regional
(1) The allocation after consultation with the rail operator shall, at the latest 16 months before the timetable is valid, draw up a declaration of the route (6d) and publish it in the Transport and Tariff Bulletin.
(2) The runway declaration shall contain:
(a) the technical nature of the road and its capacity for rail transport;
(b) the principles, criteria and conditions for the allocation of infrastructure capacity to applicants, including procedures for lack of capacity;
(c) conditions for access to the road;
(d) the conditions for the allocation of infrastructure capacity for a period exceeding the validity of the timetable and the principles for the conclusion of framework contracts for the reservation of capacity with carriers;
(e) the possibility of renouncing the allocated capacity in the absence thereof;
(f) conditions for the removal of the allocated infrastructure capacity in the absence of it or for partial use, including information on the price of the allocated capacity,
(g) information on the price for the allocation of road capacity and the price for the use of the road;
(h) details of the application for the allocation of road capacity;
(i) details of restrictions on the allocation of road capacity;
(j) the determination of the infrastructure reserve capacity for repair and maintenance and for exceptional cases and the procedure for its use; the time limits for allocation are a compulsory component.
(1) An application for the allocation of road capacity may be submitted by:
(a) the person holding the valid licence;
(b) a person established in another Member State of the European Communities authorised to operate a freight rail transport 6e) on railways included in the European rail system;
(c) an international association of authorised persons where the person who is part of an international association is established in the Czech Republic.
(2) An application for the allocation of infrastructure capacity shall be submitted by the person referred to in paragraph 1 to the allocation agent within 12 months of the date of publication of the runway declaration at the latest.
(1) The allocation shall allocate the infrastructure capacity if the applicant has fulfilled the conditions for the allocation of capacity laid down in the published runway declaration and the infrastructure capacity so permits; in so doing, in so far as it is not a case under Paragraph 34f, it goes so as not to confer an advantage on an applicant. The allocation shall be entitled to give priority to the infrastructure capacity of the applicant under public service obligations and the basic subject of which is public rail passenger transport. The infrastructure capacity shall be allocated for the period of validity of the timetable.
(2) The allocation allocates the capacity of the road at a price agreed under the price regulations (6) by establishing the framework time paths of trains.
(3) Where it is not possible to meet all the requirements applied for the allocation of road capacity, the allocation shall be entitled to coordinate the requirements of applicants and to propose to all applicants, to an appropriate extent, a different road capacity which does not fully correspond to each application.
(4) If the applicant does not agree to the coordination of the requirements carried out, he shall communicate his disagreement in writing within three days of the date of receipt of the proposal for the allocation of infrastructure capacity to the allocation of the allocation. The allocation shall settle the disagreement not later than 10 working days after the date of receipt of the applicant's disagreement; the administrative rules do not apply to such proceedings.
(5) The unused infrastructure capacity shall be allocated by allocation to applicants during the period of validity of the timetable in accordance with the chronological order of the capacity allocation requests; it shall give priority to the unused infrastructure capacity to the applicant who intends to provide transport services under public service obligations and whose main business is public rail transport.
(6) Exceptional applications for the allocation of road capacity submitted after the deadline referred to in Article 34d (2) shall be answered by the allocation agent within 5 working days of their delivery.
(7) Detailed provisions on the allocation process are laid down in the implementing legislation.
(1) If the number of applications exceeds the capacity of the road, the allocation shall be authorised to allocate the capacity of the road to the applicant whose main activity is:
(a) public rail transport to ensure the transport needs of the State or public rail passenger transport to ensure the transport services of the territorial district;
b) freight rail transport for export needs of Czech bojí6f) or for the needs of Czech producers,
(c) international transit rail transport and combined transport.
(2) The carrier cannot transfer the allocated infrastructure capacity to other persons.
(3) The details of the allocation process are laid down in the implementing legislation.
(1) An applicant for the allocation of infrastructure capacity may, within 15 days of publication of the runway declaration, request the railway authority to review it, including the criteria contained therein.
(2) An applicant for the allocation of infrastructure capacity, to which the allocation of capacity has not been granted even in accordance with the procedure laid down in Article 34e, is entitled, within 15 days of receipt of the observations referred to in Article 34e (4), to request the railway authority to review the process of allocating the infrastructure capacity, including its results and the method of pricing.
(3) If the railway administration finds that the procedure for processing the runway declaration, including the criteria contained therein, or for the process of allocating the infrastructure capacity, including its results and the pricing method, is incorrect, it shall decide to amend the runway declaration, including the criteria contained therein, or to decide to allocate the infrastructure capacity, including the pricing method.
6b) Directive 2001 / 13 / EC of the European Parliament and of the Council of 26.2.2001 amending and supplementing Council Directive (EC) No 95 / 18 / EC on the licensing of railway undertakings.
6c) Act No. 77 / 2002 Coll., on the public limited company České dráhy, state organization Railway Infrastructure Administration and amending Act No. 266 / 1994 Coll., on Railways, as amended, and Act No. 77 / 1997 Coll., on State Enterprise, as amended, as amended.
(6d) Directive 2001 / 14 / EC of the European Parliament and of the Council of 26.2.2001 on the allocation of railway infrastructure capacity, the levying of charges for the use of the railway infrastructure and the verification of safety.
(e) Article 16 of Directive 2001 / 14 / EC.
6f) § 2 (e) of Act No. 13 / 1993 Coll., Customs Act. '.
Paragraphs 34a and 34b are renumbered paragraphs 34h and 34i.
19. in Paragraph 34h (1), the term 'fixed-term' shall be deleted at the end of the second sentence.
20. Paragraph 39 (1), including footnote 7a, reads:
"(1) The public service obligation (7a) for rail transport arises under a written contract concluded with the carrier:
(a) the region;
(b) The Ministry of Transport, in agreement with the Ministry of Finance and in the case of securing the needs of the State's defence, and in agreement with the Ministry of Defence in the public interest to ensure the transport needs of the State.
7a) Article 14 of Regulation No 1191 / 69 on Member States' action on public transport obligations by rail, road and inland waterway. ';
Paragraphs 2 to 6 are deleted and paragraphs 7 and 8 are renumbered paragraphs 2 and 3.
footnote (7a) shall be renumbered footnote (6h), including the footnote references.
21. in Paragraph 39b, at the end of paragraph 1, the sentence "The State shall bear the costs of basic transport services within the scope of the public service contracts concluded; public service obligations contracts may be concluded only up to the amount of the funds provided for the basic transport service in the State budget for the calendar year concerned. ';
22. in Paragraph 39b (2), the first sentence is replaced by the following: "If the basic transport services of the region are provided by public rail passenger transport, the budget may not be used to finance another type of parallel public passenger transport."
23. in Paragraph 39b, the following paragraph 3 is added:
"(3) The Municipal Office shall submit proposals to the Region to ensure the availability of services in public rail passenger transport and inform the Region of local transport conditions and transport needs in the public interest of the inhabitants of the municipality."
24. In Paragraph 40 (1), at the end of the first sentence, the dot is replaced by a comma and the words "according to the allocated infrastructure capacity to applicants by establishing specific train time routes are added."
25. In the second sentence of Paragraph 40 (1), a dot is added after the words "in transport," and it is based on the requirement of carriers and on the requirements of the authorities of the county in delegation for the smooth and regular operation of railway services in the required number and timing of individual trains subject to public service obligations'.
26. In Section 40 (1), the sentence "The timetable proposal must be drawn up no later than 4 months after the deadline set for the transmission of applications for the allocation of road capacity (Section 34d (2))."
27. in Paragraph 40, paragraph 2 is deleted;
Paragraph 3 shall become paragraph 2.
28. In Article 40 (2), the words "and the carriers on the runway 'shall be inserted after the words" with the county' and the number "120 'shall be replaced by" 180'.
29. in Paragraph 40, paragraph 3 is added, including footnote (7e):
"(3) The data from the valid timetable processed after discussion of the timetable design with the county and with the carriers on the track shall be transmitted free of charge by the railway operator in the agreed range to the National Timetables Information System. 7e)
7e) Decree No. 388 / 2000 Coll., on timetables of public regular passenger transport. '
30. In the third sentence of Article 43 (4), the words "for a legal person designated by the Ministry of Transport and Communications' shall be replaced by" for a legal person authorised by the Authority for Technical Standardisation, Metrology and State Testing under the Specific Legislation 7f) in agreement with the Ministry of Transport '.
Footnote 7f:
"7f) § 11 of Act No. 22 / 1997 Coll., on Technical Requirements for Products, as amended."
31. in Article 47 (4), the words "for a legal person designated by the Ministry of Transport and Communications" shall be replaced by the words "for a legal person authorised by the Authority for Technical Standardisation, Metrology and State Testing pursuant to the Special Legislation 7f) in agreement with the Ministry of Transport."
footnote 7d is renumbered as footnote 7g.
32. the following Part Six is inserted after Part Five:
OPERATING AND TECHNICAL CONVENTION OF THE EUROPEAN RAILWAY SYSTEM
(1) The operational and technical interconnection (hereinafter referred to as "interconnection") of the European rail system is its ability to allow the safe and uninterrupted movement of the railway vehicle on the tracks of the European rail system.
(2) In order to ensure the interconnection of railway lines included in the European rail system within the territory of the Czech Republic, these runways must comply with the stated technical specifications of interconnection and meet the essential requirements for design and operating conditions.
(3) The technical interconnection specifications are set out by the joint representative body responsible for the Commission.8a) The technical interconnection specifications are published by the Commission in the Official Journal of the European Union. 8a), 8b)
(4) The structural and operational subsystems of the European rail system and the essential requirements for structural and operational conditions are laid down in implementing legislation.
(5) Assessment of the conformity or suitability for use of individual components of the interconnections of the subsystems of the European rail system shall be governed by specific legislation. 7f)
(1) The railway owner and the railway operator, which is or will become part of the European rail system, are obliged to ensure compliance with the essential requirements for design and operational conditions and technical interconnections when constructing or modernising the runway, when putting it into use, operating and maintenance.
(2) The Railway Administration shall issue a approval decision on the verification of the competence to use the newly built or upgraded railway track, which shall become part of the European rail system, provided that the railway owner or its operator submits a verification of compliance with the essential requirements for design and operational conditions and compliance with the technical specifications of interconnection (hereinafter referred to as "compliance verification '). The conformity check shall be issued by a legal person authorised by the Office for Technical Standardisation, Metrology and State Testing in agreement with the Ministry of Transport under a specific legislation. 7f)
(3) The manufacturer of railway vehicles and manufacturers of designated technical equipment are required to ensure that the design and technical condition of railway vehicles and of designated technical equipment which are or will become part of the European rail system meet the essential requirements for design and operational conditions and technical specifications of interconnections. Article 43, 44 and 47 of this Act shall apply to the approval of the technical competence of the railway vehicle and the designated technical equipment.
(4) The carrier is obliged to operate a railway service on a track which is or will become part of the European rail system only by an traction vehicle which meets the essential requirements for design and operational conditions and technical specifications of interconnection.
(5) The conditions for the operation of a railway vehicle for which the technical specifications of the rail interconnections which are part of the European rail system are not drawn up shall be decided by the Railway Administration at the request of the carrier.
(1) The technical specifications for interconnection need not be complied with
(a) for the construction of a new runway or for the modernisation of a runway which began before the publication of the technical specifications for interconnection in the Official Journal of the European Communities;
(b) in the case of the renewal, extension or modernisation of the runway, where compliance with the technical specification of the interconnection could jeopardise the economic implementation of the project or the compatibility of the runway system;
(c) following the renewal of the runway in connection with an accident or a natural disaster, where, for reasons of interest in the rapid resumption of rail traffic on the runway, compliance with the technical specifications of interconnection cannot be required for economic or technical reasons;
(d) for railway vehicles going to and from countries whose track gauge is different from that of the European rail system;
if the Commission so decides on a proposal from the Czech Republic.
(2) The Ministry of Transport acts on behalf of the Czech Republic.
(1) The railway operator shall keep a register of the different components of the subsystems of newly built or upgraded railways included in the European rail system. A railway carrier which is part of the European rail system shall keep a register of the railway vehicle used by it to move on the tracks of the European rail system. The methods of keeping registers and the details therein shall be laid down in the implementing legislation.
(2) The railway operator which is or will become part of the European rail system and the rail carrier which is part of the European rail system shall be required to process, on 31 December of each year, information on the current status of the railways included in the European rail system and on the groove vehicles intended and used to move on the European rail system's tracks, according to data from their registers. The information shall be provided annually by 31 January and published in the Transport and Tariff Bulletin.
(3) Information on the current status of the railways included in the European rail system and on railway vehicles intended and used to move on the tracks of the European rail system shall be sent annually by the Railway Authority to the authorities of the Member States of the European Communities and to the joint representative body authorised by the Commission. 8a), 8b)
The Railway Authority shall, in the exercise of its public oversight, ensure the interoperability of the rail intended to be integrated into the European rail system when it is put into use and shall regularly verify every three months that the structural and operational subsystems and their components fulfil the essential requirements for design and operational conditions and technical specifications of interconnection when operating and maintenance.
(8a) Directive 2001 / 16 / EC of the European Parliament and of the Council on the interoperability of the trans-European rail transport system.
(b) Directive No 1996 / 48 / EC of the European Parliament and of the Council on the operational interconnection of the high-speed rail transport system. ';
Parts sixth to eighth shall be referred to as parts seventh to ninth.
Footnote 8 (a) shall be renumbered footnote 8 (c), including the footnotes.
33.In Paragraph 50 (2):
"(2) The Railway Administration will impose a fine of up to CZK 500,000 to the railway operator, who
(a) shall not inform the railway authority and the railway owner within one year of the application for revocation of the official authorisation to operate the railway,
(b) fails to fulfil the obligations under Paragraph 40 of this Act. ';
34. in Article 56 (a), the words "the classification of a railway track as a category" shall be inserted after the words "the decision";
35. in Article 56 (c), the text and the words "Rail Inspection" shall be inserted after the words "Railway Authority."
36. Paragraph 58 (3) is deleted.
Paragraphs 4 to 6 shall become paragraphs 3 to 5.
37. in Article 62 (4), the words "and separate accounting for rail passenger transport, freight services and activities for which public funds have been provided" shall be inserted after the words "separate accounts";
38. In Article 62 (4), the following sentence shall be added at the end of the paragraph: "Separate accounting for rail passenger transport, freight services and activities for which public funds have been provided shall also be carried out by the railway transport operator, which is not at the same time the rail operator. The funds for the operation of public rail passenger services and the funds for the operation of the runway provided by public funds shall be kept separately and shall not be transferred to other activities. ';
(39) The following Section 65a is inserted after Section 65, including footnote 12a:
The scope laid down by the county under this law is the exercise of the delegation of the county. 12a)
12a) Act No. 129 / 2000 Coll., on Counties (Regional Establishment), as amended. '
40. In Paragraph 66 (1), the words "§ 3a (1)" shall be inserted after the words "§ 20 (4)"; the words "§ 22 (1) (g)" shall be inserted after the words "§ 27a (4)"; the words "§ 34e (7), § 34f (3)" shall be inserted after the words "§ 47 (2)"; the words "a" shall be replaced by a comma; the words "§ 48 (1)" shall be added after the words "§ 49a (4) and § 49d (1)";
41. In Articles 20 (3), 21 (2) (a), 37 (7), 39a (2) (b), 53 (1), 53a (1), 54 (1), 55, 56, 58 (3) and (5), 60 (1), 61, 63 and 66 (1), (2), (3), (4) and (5), the words "and connections" shall be deleted.
Transitional provision to Part One
The mandates of legal persons for testing of railway vehicles issued by the Ministry of Transport pursuant to § 43 (4) of Act No. 266 / 1994 Coll., on Railways, before the entry into force of this Act and the mandates of legal persons for technical examinations and tests of designated technical equipment issued by the Ministry of Transport pursuant to § 47 (4) of the Act No. 266 / 1994 Coll., on Railways, before the entry into force of this Act remain in force until the period specified in the mandate.
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Regulation Information
| Citation | Act No. 103 / 2004 Coll., amending Act No. 266 / 1994 Coll., on Railways, as amended, Act No. 56 / 2001 Coll., on the Conditions for the Operation of Vehicles on the Road and amending Act No. 168 / 1999 Coll., on Liability Insurance for Vehicle Operation and on the Change of Certain Related Acts (Vehicle Liability Insurance Act), as amended, Act No. 307 / 1999 Coll., and Act No. 111 / 1994 Coll., on Road Transport, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.03.2004 |
|---|---|
| Effective from | 01.05.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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