Act No. 134 / 2011 Coll.
Act amending Act No. 266 / 1994 Coll., on Railways, as amended, and Act No. 634 / 2004 Coll., on Administrative Charges, as amended
Valid
Effective from 25.05.2011
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134
THE LAW
of 3 May 2011
amending Act No. 266 / 1994 Coll., on Railways, as amended, and Act No. 634 / 2004 Coll., on Administrative Charges, 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., 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., Act No. 227 / 2009 Coll., Act No. 377 / 2009 Coll.
1. in Paragraph 1 (1), the introductory part of the provision reads:
"This law implements the relevant provisions of the European Union1), following the directly applicable regulation of the European Union1a) and regulars'
footnotes 1 and 1a are as follows:
"(1) Council Directive 91 / 440 / EEC of 29 July 1991 on the development of the Community's railways. Council Directive 95 / 18 / EC of 19 June 1995 on the licensing of railway undertakings. Directive 2000 / 9 / EC of the European Parliament and of the Council of 20 March 2000 on cableway installations for the transport of persons. Directive 2001 / 12 / EC of the European Parliament and of the Council of 26 February 2001 amending Council Directive 91 / 440 / EEC on the development of Community railway undertakings. Directive 2001 / 13 / EC of the European Parliament and of the Council of 26 February 2001 amending Council Directive 95 / 18 / EC on the licensing of railway undertakings. Directive 2001 / 14 / EC of the European Parliament and of the Council of 26 February 2001 on the allocation of railway infrastructure capacity, the charging of railway infrastructure and the issuing of safety certificates. Directive 2004 / 49 / EC of the European Parliament and of the Council of 29 April 2004 on the safety of the Community's railways 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, the charging of railway infrastructure and the issuing of safety certificates (Railway Safety Directive). Directive 2004 / 51 / EEC of the European Parliament and of the Council of 29 April 2004 amending Council Directive 91 / 440 / EEC on the development of the Community's railways. Directive 2007 / 58 / EC of the European Parliament and of the Council of 23 October 2007 amending Council Directive 91 / 440 / EEC on the development of the Community's railways and Directive 2001 / 14 / EC on the allocation of railway infrastructure capacity and the charging of railway infrastructure. Directive 2007 / 59 / EC of the European Parliament and of the Council of 23 October 2007 on the certification of train drivers operating motor vehicles and trains in the Community rail system. Directive 2008 / 57 / EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system within the Community. Commission Directive 2009 / 131 / EC of 16 October 2009 amending Annex VII to Directive 2008 / 57 / EC of the European Parliament and of the Council on the interoperability of the rail system within the Community.
(1a) Regulation (EC) No 1371 / 2007 of the European Parliament and of the Council of 23 October 2007 on the rights and obligations of rail passengers. Commission Regulation (EU) No 36 / 2010 of 3 December 2009 on Community models for driving licences, supplementary certificates, certified copies of supplementary certificates and application forms for driving licences pursuant to Directive 2007 / 59 / EC of the European Parliament and of the Council. ';
2. In Article 2, the following paragraph 8 is added:
"(8) A person established in the territory of the Czech Republic shall be entitled to take up business in the territory of the Czech Republic under the Commercial Code, which shall be registered in the Commercial Register or whose undertaking or organisational component of the enterprise located in the territory of the Czech Republic shall be registered in the Commercial Register."
3. Paragraph 3a (1) reads as follows:
"(1) The national runway is part of the European rail system. The elements of the European rail system shall be laid down in implementing legislation. ';
4. Paragraph 3a (3) is deleted.
5. Paragraph 24 (4) and (5) read:
"(4) Cross-border passenger rail transport is a transport operation whereby the national border of the Czech Republic is exceeded and the main purpose of which is to transport passengers between two or more Member States of the European Union.
(5) A legal or natural person who:
(a) it is established in the territory of the Czech Republic, unless it is a person established in a Member State of the European Union operating cross-border passenger rail transport,
(b) holds a valid licence, except for the operation of railway services on the cable track; and
(c) has a contract with the railway operator for the operation of railway transport, unless the railway operator and the carrier are one person. "
6. In Article 24, the following paragraphs 6 and 7 are inserted after paragraph 5:
"(6) A legal or natural person who:
(a) holds a valid licence, except for the operation of railway services on the cable track; and
(b) has a contract with the railway operator for the operation of railway transport, unless the railway operator and the carrier are one person.
(7) A natural or legal person who:
(a) it fulfils the conditions laid down in paragraph 5 in the case of passenger rail transport or the conditions laid down in paragraph 6 in the case of freight rail transport;
(b) holds a valid certificate of the carrier;
(c) has an allocated infrastructure capacity; and
(d) it has an agreed price for use of the runway in accordance with price regulations and a method of reimbursement. "
Paragraph 6 shall become paragraph 8.
7. in the title of § 34a, in § 34a (1) and (3), in § 34h (5), in § 43b (2) (a), in § 49c (1) (a), in § 52 (6), in § 52 (6) (m), in § 53b (5) and in § 55 (3), the words "European Communities" are replaced by the words "European Union."
8. In Paragraph 34c, at the end of paragraph 2, the dot is replaced by a comma and the following point (k) is added:
"(k) the definition of a system of financial incentives for both allocation and carrier to ensure that defects on the road are minimised and that their permeability is increased for the purpose of negotiating a contract for the operation of railway transport; the system may include both fines and fees. ';
9. Paragraph 34d (1) reads as follows:
"(1) An application for the allocation of infrastructure capacity may be submitted by the person holding a valid licence. ';
10. in Article 34d, the following paragraph 3 is added:
"(3) A person who is not established on the territory of the Czech Republic and intends to submit an application for the allocation of infrastructure capacity for the purpose of operating cross-border passenger rail transport shall notify in writing at the latest 2 months before the application referred to in paragraphs 1 and 2 is submitted to the allocation, the rail operator, if not the allocation, and the railway administration. The notification shall include a definition of the infrastructure capacity to be requested and a definition of the train path including stops outside the Czech Republic. The Railway Administration shall forward the notification without undue delay to the Ministry of Transport, Regions and Carriers which operate passenger rail services on the road concerned under a public passenger transport contract. '.
11. in Article 34e, the following paragraphs 7 and 8 are added:
"(7) The allocation and applicant referred to in Article 34d (1) may conclude a framework agreement defining the characteristics and scope of the infrastructure capacity required for a time period exceeding one timetable period. A framework agreement may be concluded for a maximum period of 5 years; an extension of the framework agreement for a period of more than 5 years may be possible if the applicant, pursuant to Article 34d (1), has an obligation to provide transport under the contract concluded or has invested in large-scale railway vehicles to ensure transport.
(8) The Framework Agreement must not exclude the use of road transport by other carriers. The Framework Agreement shall not contain an arrangement which would preclude the amendment of the Agreement. ';
12. The following Section 34j is inserted after § 34i:
(1) At the request of the Ministry of Transport, Region or Carrier, which operates passenger rail services on a given road under a public passenger transport contract or of a person who has made a notification pursuant to § 34d (3), the Railway Administration shall decide whether the route of the train which is or is to be assigned is a cross-border rail passenger service pursuant to § 24 (4). The Ministry of Transport and Region, through whose territory the train route is conducted by cross-border rail passenger transport, shall be in charge of the authorities concerned under the administrative rules, unless they have submitted an application in accordance with the first sentence. The decision shall also be notified by the Railway Administration to the authorities concerned and the allocation.
(2) When assessing the predominant purpose of transport, the Railway Administration shall take into account in particular:
(a) the length of the train path on the territory of the Czech Republic compared to the total length of the train path;
(b) the number of stations and stops on the train route in the Czech Republic compared to the total number of stations and stops on the train route; and
(c) the estimated number of passengers who could use the train on the route in the Czech Republic, compared to the estimated number of passengers who could use the train on the whole of its route, taking into account the transport importance of the stations, the size of the seats in which they are located and their catchment area. "
13. in Article 35 (1), the words "the issue and withdrawal of the driver's certificate and the changes to the information contained therein and the period of validity of the driver's certificate" shall be added at the end of the text in point (b).
14. in Paragraph 35 (1) (e), the words "on the track of tram, trolleybus, special, cableway and towed" shall be inserted after the words "driving."
15. In Article 35, at the end of paragraph 1, the dot is replaced by a comma and the following point (h) is added:
"(h) ensure that railway vehicles on a national and regional track are managed by persons holding a valid driver's licence and a valid driver's certificate.";
16. In Article 43 (1), the words "not applicable to vehicles referred to in Article 43b (1) 'shall be inserted after the words" vehicle licence'.
17. In Paragraph 43, at the end of paragraph 3, the sentence "If an application has been lodged simultaneously in several Member States of the European Union, the Railway Administration shall cooperate with the competent authorities of those Member States."
18. in Paragraph 43, the following paragraphs 5 and 6 are inserted after paragraph 4:
"(5) The railway administration shall issue a licence for a railway vehicle which complies with the technical specifications of the linkage in force at the time the vehicle is put into service on the basis of a certificate of conformity by which the authorised person certifies compliance with all requirements for the structural subsystems of the vehicle.
(6) Where an EC declaration of verification of the subsystem has been issued for a railway vehicle, the Railway Administration shall issue a licence on the basis of a verification of compliance by the railway vehicle.
(a) technical connections between vehicle subsystems;
(b) technical connections between the vehicle and the runway;
(c) the safe integration of vehicle subsystems into the rail system; and
(d) the technical requirements not included in the technical interconnection specifications concerning the technical interconnection of the vehicle and the specific runway. ';
Paragraphs 5 and 6 shall become paragraphs 7 and 8.
19. In Paragraph 43, the following paragraph 8 is inserted after paragraph 7:
"(8) The Railway Administration shall notify the European Railway Agency of the decision on type-approval and changes to the groove of the vehicle. ';
Paragraph 8 shall become paragraph 9.
20. in Paragraph 43 (9), the last sentence is deleted;
21. Paragraph 43b (1) reads:
"(1) A railway vehicle, the technical competence of which has been approved in a Member State of the European Union and which meets all the conditions of the technical interconnection specifications, may be operated in the Czech Republic without a runway licence, which is included in the European rail system, which is interconnected according to and under the conditions specified therein. '
22. in Paragraph 43b, the following paragraph 2 is inserted after paragraph 1:
"(2) A railway vehicle whose technical competence has been approved in another Member State of the European Union and which does not meet the conditions laid down in Paragraph 43 (6) or (1) may be operated on a national or regional track on the basis of a decision on the approval of a train vehicle or on the basis of the issue of a train vehicle licence issued by the railway administration after the assessment and verification of the technical documentation for the train vehicle or vehicle type. ';
Paragraphs 2 to 4 shall become paragraphs 3 to 5.
23. in Paragraph 43b (3), the words "paragraph 1" shall be replaced by "paragraph 2."
24. in § 43b (3) (b):
"(b) technical data on the vehicle, record of operation and maintenance, in the case of a vehicle which has not been issued an EC declaration of verification of the subsystem, ';
25. in Article 43b (3), the following point (c) is inserted after point (b):
"(c) a copy of the technical documentation attached to the EC declaration of verification of the subsystem in the case of a vehicle to which the EC declaration of verification of the subsystem has been issued;"
Points (c) and (d) shall be renumbered points (d) and (e).
26. in Paragraph 43b (4), "paragraph 2 (c)" is replaced by "paragraph 3 (d)."
27. in Paragraph 43b, the following paragraph 5 is inserted after paragraph 4:
"(5) In the case of a groove vehicle as referred to in paragraph 2 which meets all the conditions of the technical interconnection specifications, the railway authority shall assess only:
(a) fulfilling the conditions of technical interconnection of the vehicle and the runway;
(b) meet the technical operational requirements for the design design of a groove vehicle not covered by the technical interconnection specifications concerning the technical linkage of the vehicle and the specific runway;
(c) whether any part of the rail system does not allow the vehicle to operate. "
Paragraph 5 shall become paragraph 6.
28. in Paragraph 43b (6), "paragraph 2 (c)" is replaced by "paragraph 3 (d)."
29. in Paragraph 43b, the following paragraph 7 is added:
"(7) A summary of the technical operational requirements for the design design of the groove vehicle, not included in the technical interconnection specifications, assessed by the groove authority in accordance with paragraph 5, shall be provided for in the implementing legislation. ';
30. In Part Five, Title II, the following is inserted above § 45:
Control of the rail vehicle on trams, trolleybus, special, cableway and tugs' track.
31. in Article 45 (1), the words "(hereinafter referred to as management)" shall be replaced by the words "on the tram, trolleybus, special, cableway and tugs";
32. in § 45 (1), (2), (4), (5) and (8), in § 46 and in § 52 (1) (d), the words "train vehicles" shall be inserted after the word "driving."
33. Paragraph 45 (7) is deleted.
Paragraph 8 shall become paragraph 7.
34. in Paragraph 46 (a), the words "train vehicle" shall be inserted after the word "driving."
35. In Part Five, Title II, the following Part 2 is inserted after Part 1, including footnote 5c:
Control of the railway vehicle at national and regional track
(1) Only persons with a valid driver licence and a valid driver certificate may drive a railway vehicle on a national and regional track.
(2) The driver's licence granted by the Office of another Member State of the European Union is valid in the Czech Republic unless the licence holder is less than 20 years old.
(3) The driver's certificate shall be valid on the track or part thereof for the types of train vehicles and the method of their use specified therein.
(4) A person without a valid driver attestation may drive a railway vehicle on a national and regional track only under the supervision of a person holding a valid driver certificate for that track or part thereof, provided that:
(a) the distortion of the continuity of railway transport or the maintenance of the runway requires the diversion of railway transport as determined by the railway operator;
(b) it is a one-time ride of a historic train;
(c) this is an exceptional one-off freight train ride;
(d) is a supply or test or demonstration run of a new type of train or propulsion vehicle; or
(e) is a driving training or a test from the control of a groove vehicle.
(5) The carriage must notify the railway operator in advance of the journey of a train vehicle driven by a person without a valid driver certificate. In the cases referred to in paragraph 4 (b) to (e), this notification shall be made at least 24 hours before the journey. The railway operator shall agree to an exceptional one-off freight train journey.
(6) A person without a valid driver's licence may only drive a railway vehicle on a national or regional track under the supervision of a person holding a valid driver's certificate for that track or part of it, the type of vehicle and the manner in which it is used, solely in the case of driving training or a train driving test.
Driver's licence
Issue of licences
(1) The driver's licence shall be issued by the railway administration at the request of a natural person who:
(a) has reached 20 years of age and established education;
(b) it is reliable to drive a groove vehicle in accordance with § 46;
(c) is physically and mentally fit to drive a groove vehicle;
(d) has demonstrated general competence for the steering of the track vehicle and for the performance of the driver's activities; and
(e) pay the administrative fee to the administrative office.
(2) The period of validity of the driver's licence shall be 10 years.
(3) The implementing legislation lays down the minimum degree of education achieved.
Health
(1) The applicant shall demonstrate medical fitness by a medical assessment issued by a health care professional and an assessment of the transport psychological examination by a psychologist.
(2) The implementing legislation lays down medical conditions, the scope, content and manner of carrying out a medical examination and a transport psychological examination for the issue of an assessment, disease, defect or condition which excludes or makes medical fitness, a medical assessment method and the contents of a medical assessment and a transport psychological examination and the duration of its validity.
General competence
(1) The general competence of the applicant shall be demonstrated by the successful completion of the examination before the panel appointed by the Technical Service. The chairman of the commission shall be an employee of the railway administration.
(2) The Commission shall draw up a report on the outcome of the examination, which shall be transmitted by its chairman to the Administrative Office without undue delay and shall notify the results of the examination to the applicant.
(3) The applicant who has received training to obtain the relevant knowledge, skills and procedures may take a general proficiency test.
(4) The demonstration of general competence by an examination shall not be required if the applicant has performed the driver's activity continuously for at least 3 years prior to the application for the driver's licence.
(5) The implementing legislation shall determine the scope and content of the basic general knowledge, skills and procedures necessary for the steering of the train driver, the scope, content and manner of conducting the test, the method of assessment of the test results, the formal and content elements of the test result report, the number of members of the commission, the requirements for members of the commission and the scope and content of the training.
Regular medical examination
(1) The holder of the driver's licence is required to undergo a regular medical examination to verify that his medical fitness continues.
(2) The medical assessment shall be forwarded by the doctor who carried out the examination to the licence holder and to the administrative department concerned.
(3) The implementing legislation shall specify the scope, content and manner of carrying out a medical examination for the issue of an opinion, disease, defect or condition which excludes or makes medical fitness, the manner in which medical fitness is assessed, the contents of the medical assessment and its duration and the frequency of regular medical examinations.
Duplicate and replacement of licences
(1) The loss, theft, damage or destruction of the driver's licence shall be notified without undue delay to the administrative department. Without undue delay after notification, the railway administration shall issue a certificate of loss, theft, damage or destruction of the driver's licence to the driver. The certificate shall replace the lost, stolen, damaged or destroyed driver's licence and shall be valid for 30 days from its issue.
(2) A duplicate licence shall be drawn up by the railway administration to the driver for the lost, stolen, damaged or destroyed licence, upon written request, within 20 days of the date of the application.
(3) If the data in the driver's licence changes, the railway administration shall issue a new driver's licence to the driver upon written request. The applicant shall demonstrate the change of data and the payment of the administrative fee. The date of expiry of the new licence shall coincide with the date of expiry of the licence replaced.
(4) The holder of the driver's licence shall, upon receipt of a new driver's licence or a duplicate thereof, surrender the existing licence or certificate of loss, theft, damage or destruction of the driver's licence, if it has been issued to him.
Withdrawal of the driver's licence
(1) The Railway Administration shall withdraw the licence from the driver to the person who:
(a) no longer fulfils the requirement of reliability to drive a groove vehicle pursuant to Paragraph 46;
(b) no longer fulfils the medical condition; or
(c) request withdrawal.
(2) If the railway administration becomes aware of the facts giving rise to reasonable doubts about medical fitness, it shall order the holder of the driver's licence to submit to a medical examination within a specified time limit and, if the safety of the railway transport is compromised, suspend the licence until the time of the review.
(3) Article 46d applies mutatis mutandis to medical examination.
(4) An appeal against a decision pursuant to paragraph 2 shall not have suspensory effect.
Driver's certificate
Issue of certificates
(1) The driver's certificate shall be issued by the carrier on request to a natural person who:
(a) is in a fundamental employment relationship with the carrier;
(b) holds a valid driver's licence; and
(c) has demonstrated specific competence for:
1. control of a particular type of groove vehicle;
2. the driving on designated runways or parts thereof; and
3. use of the Czech language to the extent necessary for driving the railway vehicle in the Czech Republic.
(2) The period of validity of the driver's certificate shall be determined by the carrier in accordance with an internal regulation issued pursuant to Paragraph 35 (1) (b).
(3) The carrier shall define in the driver's certificate the track or part thereof, the types of groove vehicles and the method of their use for which the certificate is valid.
Specific competence
(1) The applicant shall demonstrate specific competence by successfully passing a theoretical and practical examination before a panel appointed by the carrier in accordance with an internal regulation issued pursuant to § 35 (1) (b). At least 1 member of the Commission may not be in the primary employment relationship with the carrier.
(2) The carrier shall notify the Board of Appeal of the composition of the examination committee and the place, date and time of the examination at least 5 working days before the examination.
(3) Knowledge of the Czech language is not verified if the applicant's mother tongue is the Czech language.
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Regulation Information
| Citation | Act No. 134 / 2011 Coll., amending Act No. 266 / 1994 Coll., on Railways, as amended, and Act No. 634 / 2004 Coll., on Administrative Charges, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.05.2011 |
|---|---|
| Effective from | 25.05.2011 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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