Act No. 104 / 1974 Coll.
Act amending and supplementing Act No. 51 / 1964 Coll., on Railways
Valid
Effective from 01.01.1975
104
THE LAW
of 23 October 1974
amending and supplementing Act No. 51 / 1964 Coll., on Railways
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
Act No. 51 / 1964 Coll., on Railways, is amended as follows:
1. Paragraph 9 repeals paragraph 2 and the designation of paragraph 1.
2. The following Sections 9a, 9b and 9c are inserted after Section 9:
The Department of Armed Protection of Railways (hereinafter referred to as "the College ') is hereby established, which operates in the District of National Railways. The basic task of the College is to protect the continuity and safety of railway operation, objects and equipment, public order and the safety of persons and property in the district of national rail. The various components (departments and groups) of the College shall be established by the Federal Ministry of Transport, which shall also determine the numbers, equipment and equipment of the College, the principles of its organisation and the principles of training and the performance of the service of its members, in agreement with the Federal Ministry of Interior and the Federal Ministry of National Defence.
(1) In carrying out service tasks, interventions and other activities, members of the College shall be required to ensure the honour, dignity and dignity of the citizens as well as their own, and to ensure that citizens do not suffer unfounded damage in relation to such activities and that any interference with their rights and freedoms does not exceed the level necessary to achieve the purpose of the measure implemented.
(2) Members of the College shall be entitled to:
(a) require, on the spot, an explanation from the person from whom it may be expected to contribute to the clarification of the essential facts relating to the breach or threat to the safety and continuity of railway operations, public order or safety of life and health, as well as property, unless it is suspected that the offence or offence is committed. An explanation may not be required from any person who would infringe the statutory obligation of confidentiality unless he is relieved of that obligation. An explanation may be denied by anyone who would cause a danger of criminal prosecution to himself or someone close to him,
(b) establish, in places which are not accessible to the public, the identity of persons and their authorisation to stay at such places;
(c) establish the identity of the person who distorts or threatens the safety and continuity of railway operation, public policy or safety of life and health, as well as of the property and, where appropriate, of the person present in such action;
(d) to present a person who does not want or is unable to prove his identity to the public in a place which is not accessible, reliable, or which distorts or threatens the safety and continuity of railway operations, public order, safety of life and health, as well as property, and to surrender it immediately to a national of the National Security Corps or to release it as soon as the reasons for the demonstration have ceased;
(e) to ascertain whether the person to be shown is unarmed and, depending on the nature of the case, to withdraw the weapon until further action by the competent authorities;
(f) in the context of the search for lost or introduced consignments, make sure that the item sought is not in warehouses or means of transport or other premises in the territory of the national railway district;
(g) after a previous futile call for its issue, withdraw a preliminary item which could be declared forfeited or seized and forward it immediately to the competent authorities,
h) save and collect fines for offences in block proceedings.
(3) If a member of the College is involved, he will use, if the nature of the procedure so requires and circumstances permit, the words "on behalf of the law."
(4) Everyone is obliged to obey the challenge of a member of the corps.
(5) A record of the demonstration referred to in paragraph 2 (d) shall be drawn up at the appropriate service of the College.
(6) The competent service of the College shall issue confirmation of the provisional withdrawal of the case to the person who has been withdrawn.
(1) Members of the College shall be entitled in the area of national railways in order to protect the railways and public order, in particular to avert an attack on themselves or on another person, during service operations against disorderly and other dangerous persons, or to overcome the resistance which seeks to thwart their service, act or call, as well as to prevent the escape of the presentable person, to use the touch and grab of self-defense, pocket laceration, baton, shackles, service dog, gun strike, warnings and warning shot in the air.
(2) A member of the College shall be entitled to use firearms only in the following cases:
(a) to avert, in the event of necessary defence, an attack against or imminent or an attack on the life of another person;
(b) to avert a dangerous attack that threatens a guarded object or site, following a futile call to abandon the attack;
(c) to prevent the escape of a dangerous offender which he cannot otherwise contain;
(d) if there is a need to dispose of an animal that is life or health-threatening.
When using a firearm, members of the Corps shall be obliged to take care, in particular to avoid endangering the lives of other persons, and to save as much as possible the life of the person against whom the action is directed. Where the circumstances of the service permit, the member of the College shall, before using the weapon, use the means referred to in paragraph 1.
(3) Where possible in the light of the circumstances of the case, members of the College shall, prior to the use of the funds referred to in paragraphs 1 and 2, be obliged to use the arrangements, warnings and invitations.
(4) Members of the College shall be required to use the appropriations referred to in paragraphs 1 and 2, which shall allow the proper performance of their duties and shall as little harm as possible to the person against whom they act. At the same time, they shall ensure that this device is used only in a proportionate manner and that any damage is not in a clear disproportion to the importance of the protected interest.
(5) In the case of an individual, the use of weapons, lacerations, batons, handcuffs and service dogs against a pregnant woman, a person of high age, a person with an apparent physical defect or illness and a child shall not be used, except where the nature of the attack carried out by such persons against protected interests or the exceptional nature of the situation arising so necessarily requires.
(6) A record of the service operations referred to in paragraph 1 shall be drawn up at the appropriate department of the College. ';
3.
State administration in railway matters under this law is carried out by railway administrations. The railway administration is the Federal Ministry of Transport, the central authority of the Czech Socialist Republic and Slovak Socialist Republic and the Regional National Committees for the urban and special purpose railways. The Federal Ministry of Transport may entrust the authorities of its subordinate organisations with the performance of the tasks of the railway administration. '
4. Article 20 (1) and (2) reads as follows:
"(1) State expert supervision on railways shall be carried out by the railway administration. That authority shall monitor whether the safety and continuity of the runway operation is ensured and whether the conditions laid down by the legislation on railway traffic are maintained.
(2) State expert technical supervision on railways is the responsibility of the Federal Ministry of Transport, which may delegate its performance to the authorities of its subordinate organisations. The authority of the state technical supervision on the railways shall monitor whether cableway installations and other technical installations designated by the Federal Ministry of Transport in agreement with the Czech Labour Safety Authority and the Slovak Labour Safety Authority (hereinafter referred to as "designated technical installations') are fit for safe and smooth operation. '
5. In Paragraph 20, the following paragraph 3 is inserted after paragraph 2:
"(3) In the course of the activity referred to in paragraph 2, the State Technical Supervision Authority shall:
(a) verify the competence of designated technical equipment in the design, production and operation of organisations managed by the Federal Ministry of Transport as well as of manufacturers, operators and users of such equipment subject to national technical supervision on railway lines and certify that designated technical equipment imported for organisations managed by the Federal Ministry of Transport complies with the requirements laid down for such facilities;
(b) verify that organisations managed by the Federal Ministry of Transport, as well as operators and users of equipment subject to state technical supervision, are competent for the manufacture, assembly, repair, maintenance and revision of designated technical equipment and give them the relevant certificates;
(c) further verify the competence of personnel to carry out tests, revisions, operation and maintenance of the designated technical equipment and issue a certificate thereof;
(d) evaluate the technical level of welding, manage teaching and give appropriate authorisations for the welding of rolling stock and dedicated rolling stock in transport;
(e) be responsible for the professional level of welding tests carried out at transport training centres;
(f) records serious disturbances (accidents) in designated technical installations and accidents involving the operation of such installations;
(g) assess, register and archive documentation of designated technical equipment;
(h) express the competence of the designated technical equipment to operate. ';
6. The following Section 20a is inserted after Section 20:
(1) The railway authority shall also be entitled to detect sources of danger, damage or interference of the line operation, line telecommunications and line protection; while maintaining the operational and safety rules applicable to such equipment as well as to the objects in which those facilities are located. The railway authority shall be entitled to issue an instruction to remedy the defect. If the operator of the jamming device does not comply with this instruction, the railway authority shall, after consulting the competent authority of the jamming operator, issue a decision on its decommissioning.
(2) Organisations responsible for damage to the groove lines, in particular to the groove protection device in underground cables, are required to pay a fine in addition to compensation for damage caused or, where appropriate, the fixed amount of compensation for damage to the groove lines (Section 8).
(3) A fine of up to 50 000, - Kčs may be imposed for damage to the line cable in the track protection zone, for damage to a cable located outside the track protection zone, of up to 10 000, - Kčs.
(4) The fines shall be imposed by the railway authority; the procedure for imposing the fine may be initiated within one year of the date on which it became aware of the damage to the groove cable but no later than three years after the damage to the groove cable.
(5) The fines apply to the federal budget of the Federation through the Federal Ministry of Transport. The fines imposed by the Regional National Committee shall be the budget revenue of the Republic. ';
7. Paragraph 28 shall become paragraph 1 and the following paragraph 2 shall be added:
"(2) Paragraph 9 (6), (7) and (8) of Act No. 110 / 1964 Coll., on Telecommunications, does not apply to railway lines, namely line-to-line and track-side signalling equipment, unless they are themselves a source of threat, damage or interference to a single telecommunications network or other telecommunications equipment."
This Act shall take effect on 1 January 1975.
Dr Strougal v. r.
whether or not on the spot of the President of the Republic pursuant to Article 64 of the Constitutional Law on the Czechoslovak Federation
Indra v. r.
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Regulation Information
| Citation | Act No. 104 / 1974 Coll., amending and supplementing Act No. 51 / 1964 Coll., on Railways |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 06.11.1974 |
|---|---|
| Effective from | 01.01.1975 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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