Act No. 181 / 2006 Coll.
Act amending Act No. 266 / 1994 Coll., on Railways, as amended, and Act No. 200 / 1990 Coll., on Infringements, as amended
Valid
Effective from 01.07.2006
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181
THE LAW
of 31 March 2006
amending Act No. 266 / 1994 Coll., on Railways, as amended, and Act No. 200 / 1990 Coll., on Infringements, 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 Constitutional Court found under Act No. 144 / 2002 Coll., Act No. 175 / 2002 Coll., Act No. 309 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 103 / 2004 Coll. and Act No. 1 / 2005 Coll., is amended as follows:
1. In Paragraph 1 (1), the words "incorporating the relevant provisions of the European Community1) and 'shall be inserted after the word" the law'.
Footnote 1:
"(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. Council Directive 96 / 48 / EC of 23 July 1996 on the operational continuity of the trans-European rail system for high-speed trains. 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 2001 / 16 / EC of the European Parliament and of the Council of 19 March 2001 on the interoperability of the trans-European conventional rail system. 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 / 50 / EC of the European Parliament and of the Council of 29 April 2004 amending Council Directive 96 / 48 / EC on the interoperability of the trans-European high-speed rail system and Directive 2001 / 16 / EC of the European Parliament and of the Council on the interoperability of the trans-European conventional rail system. 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. '
Footnotes 1, 1a to 1c shall be renumbered as footnotes 1a to 1d, including the footnotes.
2. In Article 11 (1), the words "and, where national or regional runway operation is concerned, on the basis of a national and regional railway operator safety certificate (hereinafter referred to as the" runway operator safety certificate ') shall be inserted after the words "official authorisation'. ';
3. In Article 11 (1), the words "unless otherwise provided for by a special law (5) ', including footnote 5, are deleted.
4. In Article 22, at the end of paragraph 2, the dot is replaced by a comma and the following points (d) and (e) are added:
"(d) establish a safety management system for the operation of the runway and ensure its compliance;
(e) submit by 30 June of the calendar year to the Administrative Office an annual report on the safety of the operation of the runway for the preceding calendar year. ';
5. In Article 22 (5), the words ", elements of the railway safety management system and the content of the annual runway safety report 'are inserted after the words" for the operation of the runway'.
6. In the introductory sentence of Article 23 (2), a comma is inserted after the word "regional 'and the words" if it is not the owner of the runway'.
7. in Paragraph 23 (2) (a), "18" is replaced by "14."
8. in Article 23 (2) (a), "of the number of trains regularly operated," shall be replaced by "of the maximum number of trains that can be operated on it,"
9. The following Section 23a is inserted after Section 23, including footnote 6a:
Railway operator safety certificate
(1) The railway operator must have a national or regional railway operator safety certificate at the start of the operation. The railway operator's safety certificate shall be issued by the railway authority at the request of the railway operator for a period of 5 years.
(2) The application for the issue of a railway operator safety certificate shall contain data on the name or business name of the railway operator and his / her residence or seat and data on the management system to ensure the operation of the runway and the safety management system to ensure the operation of the runway, including the provision of emergency obligations. The railway operator shall attach to the application:
(a) a list of the work activities provided by the railway operator for which competence is required and a description of its reinsurance system;
(b) the list of designated technical equipment used in the operation of the runway, including evidence of their operation;
(c) internal rules for the operation of the runway, for the operation of designated technical installations, for the competence and knowledge requirements of persons providing for the operation of the runway, and for their verification, including a system of regular training;
(d) proof of payment of the administrative fee.
(3) The safety certificate of the railway operator shall demonstrate that the railway operator:
(a) has an internal organisational structure and a management system for the operation of the runway and has a track safety management system which means a set of organisational and technological measures for the safe operation of the runway;
(b) issue internal rules on the operation of the runway, on the operation of the designated technical equipment, and on the competence and knowledge requirements of persons providing for the operation of the runway, and on how they are verified, including a system of regular training.
(4) The railway operator shall notify the railway operator of changes to the data submitted by the railway operator when the application for a railway operator safety certificate is made and provide evidence thereof within 30 days of the occurrence of the changes. Depending on the nature of the changes in the data, the Railway Administration shall decide on the change of the railway operator's safety certificate.
(5) If the railway authority finds that the railway operator has ceased to comply with the conditions ensuring the safety of the runway, it shall withdraw the railway operator's safety certificate.
(6) The issue, amendment or withdrawal of the railway operator's safety certificate shall be notified by the Railway Administration within 1 month of the date of the acquisition of the legal power of the Decision of the European Railway Agency (6a).
(7) The model of the application for a national or regional railway operator safety certificate and the model of the railway operator safety certificate shall be laid down in the implementing legislation.
6a) Regulation No 881 / 2004 of the European Parliament and of the Council of 29 April 2004 establishing a European Railway Agency (Agency Regulation). '.
Paragraphs 23a and 23b are renumbered paragraphs 23b and 23c. Footnotes 6a to 6e are referred to as footnotes 6b to 6f, including the footnotes.
10. in Article 34c (1), "16" is replaced by "12."
11. in Article 34d (1) (b), the words "on the routes included in the European rail system" shall be replaced by "on the national and regional track."
12. in Article 34d (2), "12" is replaced by "8."
13. in Article 34e (1), the second sentence is deleted;
14. in Article 34e (5), at the end of the text, the words "the main subject of which is public rail transport" shall be deleted.
15. in Paragraph 34e, paragraph 7 is deleted;
16.
(1) Where 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 for operation as a priority.
(a) public rail transport to ensure the transport needs of the State;
(b) public rail passenger services for the provision of transport services for the territorial district;
(c) combined transport,
(d) rail transport provided for by the allocation in the runway declaration.
(2) The allocation of the infrastructure capacity referred to in paragraph 1 shall take place in the order laid down in paragraph 1.
(3) The carrier may not transfer the allocated infrastructure capacity to other persons. "
footnote 6f is deleted, including the footnote reference.
17.
Carrier certificate
(1) The carrier shall have at the date of the start of the runway a national or regional certificate of the carrier covering or part of national and regional rail. The certificate of the carrier shall be issued by the railway administration at the request of the carrier for a period of 5 years and shall indicate the type of transport and the scope of the services covered.
(2) The application for the certificate of the carrier shall contain details of the name or business name of the carrier and its place of residence and of the management system to ensure the operation of railway transport and the safety management system to ensure the operation of railway transport, including the provision of emergency obligations. The carrier shall attach to the application:
(a) a list of the work activities carried out by the carrier for which competence is required and a description of its reinsurance system;
(b) a list of designated technical installations used in the operation of railway transport, including evidence of their operation;
(c) a list of operated traction vehicles and a list of types of towed traction vehicles, including evidence of their technical competence;
(d) internal rules for the operation of railway transport, for the operation of railway vehicles, for the operation of designated technical equipment, for the competence requirements and knowledge of persons providing for the operation of railway transport, and for their verification, including a system of regular training;
(e) the design of the mode of transport and the scope of the services it will operate;
(f) proof of payment of the administrative fee.
(3) The certificate of the carrier shall show that the carrier:
(a) has an internal organisational structure and management system to ensure rail transport and has a system to ensure the safety of rail transport operations, which means a set of organisational and technological measures for the safe operation of railway transport;
(b) satisfies the conditions of professional competence of persons providing for the operation of railway transport;
(c) meets the conditions laid down by this Act for the operation of railway vehicles and designated technical installations;
(d) issue internal rules on the operation of railway transport, on the operation of railway vehicles, on the operation of designated technical equipment, on the requirements for the competence and knowledge of persons providing for the operation of railway transport, and on how they are verified, including a system of regular training.
(4) The certificate shall consist of:
(a) parts certifying the measures taken by the carrier to comply with the requirements referred to in paragraph 3 (a);
(b) parts certifying the measures taken by the carrier to comply with the requirements referred to in paragraph 3 (b) to (d).
(5) The carrier holding a certificate issued by the Office of another Member State of the European Community6g) proves to the Board of Appeal that the conditions for granting the certificate of the carrier referred to in paragraph 3 (b) to (d) are met. In this case, the railway administration shall issue only part of the certificate of the carrier referred to in paragraph 4 (b).
(6) The carrier shall notify the Administrative Office of changes to the data which it submits when the application for a certificate is made and provide documentary evidence thereof within 30 days of the change. Depending on the nature of the changes to the data, the Railway Administration shall decide to amend the certificate of the carrier.
(7) If the railway administration finds that the carrier has ceased to comply with the safety conditions of the railway transport operation or does not operate the railway transport within a period of 1 year from the issue of the certificate, it shall withdraw the certificate of the carrier it has issued or part of it. Where the railway administration withdraws part of the certificate of the carrier referred to in paragraph 4 (b), it shall immediately inform the authority which issued part of the certificate of the carrier referred to in paragraph 4 (a), if not itself.
(8) The issue, amendment and withdrawal of the certificate of the carrier is notified by the Railway Administration within 1 month of the legal authority of the decision of the European Railway Agency (6a).
(9) The model of the application for the certificate of the carrier and the model of the certificate of the carrier shall be laid down in the implementing legislation.
6g) Article 10 of Directive 2004 / 49 / EC on the safety of the Community's railways and amending Council Directive 1995 / 18 / EC on the licensing of railway undertakings and Directive 2001 / 14 / EC on the allocation of railway infrastructure capacity and on the issuing of safety certificates (Railway Safety Directive). "
Footnotes 6g and 6h to date are referred to as footnotes 6h and 6i, including the footnotes.
18. In Paragraph 35, at the end of paragraph 2, the dot is replaced by a comma and the following points (f) and (g) are added:
"(f) establish and ensure compliance with the rail transport safety system;
(g) submit by 30 June of the calendar year to the Administrative Office an annual report on the safety of rail transport operations for the preceding calendar year. "
19. in Article 35 (3), the words "the elements of the railway safety management system according to the type and scope of the activities carried out and the content of the annual safety report" shall be inserted after the words "rail transport,";
20. In Paragraph 37 (4), the words "Guide to a railway vehicle or another person" shall be replaced by the words "Guide to a railway vehicle, person driving a railway vehicle or another person."
21. in Paragraph 40 (1), "4" is replaced by "2."
22. In Article 40 (2), the words "with the Ministry of Transport 'shall be inserted after the words" draft timetable change'.
23. in Paragraph 40 (2), "180" is replaced by "120";
24. In Article 40 (3), the words "with the Ministry of Transport 'shall be inserted after the words" the draft timetable'.
25. the following Section 43b is inserted after Section 43a:
(1) A railway vehicle whose technical competence has been approved in another Member State of the European Communities and which is not covered by the technical specifications for interconnection 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 assessment and verification of the technical documentation relating to the train vehicle or vehicle type.
(2) The applicant shall attach to the application for approval of a type of groove vehicle or the issue of a train vehicle licence referred to in paragraph 1:
(a) evidence of the approval of the technical suitability of a train vehicle in another Member State of the European Communities and a record of the technical modifications made after approval;
(b) technical data on the vehicle, record of operation and maintenance;
(c) evidence of technical and operational characteristics showing that the railway vehicle complies with the safety equipment, traction lines, track gauge, track gauge, maximum permissible axle load and other national and regional track limitations;
(d) a proposal for conditions of use of the groove vehicle in service.
(3) The railway administration may require the performance of the test operation of a groove vehicle to verify compliance with the requirements of paragraph 2 (c), in which case it shall determine its content and scope. The applicant shall provide the test operation of the groove vehicle for his cargo with a legal person authorised by the Ministry of Transport.
(4) In the decision on approval of a type of groove vehicle or decision on the issue of a trailer licence, the conditions of use of the groove vehicle in service may be indicated in the light of the documents referred to in paragraph 2 (c) and the results of the test operation. ';
26. In Paragraph 44, the following paragraph 3 is added:
"(3) For a railway vehicle approved for use on a national or regional track, the railway administration shall, at the request of the vehicle owner, assign an alphanumeric identification code. This code must be marked on the vehicle and entered with vehicle data in the register of train vehicles (§ 49d). '
27.
(1) An exceptional occurrence in railway transport is a serious accident, accident or danger in railway transport which threatens or threatens the safety, regularity and continuity of the operation of railway transport, the safety of persons and the safe functioning of construction and equipment or the environment.
(2) A serious accident in railway transport is the collision or derailment of railway vehicles which have taken place in connection with the operation of railway transport, resulting in death or injury to the health of at least 5 persons or damage to a large extent (8). An accident in railway transport is an event involving the operation of railway transport with the result of death, injury or significant damage (8). Other incidents shall be considered as a threat.
(3) The rail operator and the carrier are required to:
(a) without delay notify any emergency in railway transport of the Railway Inspection and at the same time any serious accident and accident in railway transport to the Police of the Czech Republic;
(b) ensure the site of the emergency and carry out the status documentation at the time of the occurrence of the emergency;
(c) ensure that the runway is released for re-operation of the runway or runway, unless otherwise prevented, and the Rail Inspection has given its consent to release the runway;
(d) identify the causes and circumstances of incidents in railway transport in cases provided for in implementing legislation and take measures to prevent them;
(e) to eliminate identified deficiencies in the occurrence of incidents, their causes and harmful consequences and to take action to prevent incidents within the set deadlines. "
28. § 49d reads:
(1) The Railway Authority shall keep a register of the different components of the subsystems of newly built or upgraded railway lines included in the European rail system and of the train vehicles of the owners of such vehicles with their registered office or place of residence or place of business, if different from residence, in the Czech Republic and intended to move on the national and regional track. The methods of keeping registers and the details therein shall be laid down in the implementing legislation.
(2) Data on the different components of the subsystems of newly built or upgraded railways included in the European rail system shall be provided by the railway operator to the Railway Authority within 15 days of the entry into use of the subsystem component.
(3) Vehicle data intended for operation on a national or regional track shall be provided by the owner of the train vehicle to the Dresden Office within 15 days of the entry into service of the vehicle.
(4) Information on the current status of the railways included in the European rail system and on railway vehicles intended and used to move on a national and regional track shall be sent by the Railway Authority to the authorities of the Member States of the European Communities and the European Railway Agencies (8a), 8b) each year. "
29. In § 49e, the current text becomes paragraph 1 and paragraphs 2 to 6 are added, including footnote 8c:
"(2) The Railway Authority may request the competent authority of the Commission to amend the technical specifications for interconnection. The request for modification of the technical specifications of interconnection shall include:
(a) the designation of the author of the technical specification for interconnection;
(b) the technical specification number of the interconnection;
(c) a description of the material problem and the proposed solution to the change.
(3) Where the Railway Authority finds that a part of the operational and technical interconnection of the subsystem for which a verification of conformity or suitability for use has been issued does not meet the essential requirements for design and operational conditions, it shall decide to impose a safeguard measure to prevent the continued use of the component of the operational and technical interconnection of the subsystem and ensure its withdrawal from the market. Similarly, the procedure shall be followed when the notified person has issued a certificate of conformity or the manufacturer has issued an EC declaration of conformity for the part of the operational and technical interconnection of a subsystem which does not meet the conformity. The Railway Authority shall notify the Ministry of Industry and Trade of the imposition of a safeguard measure. The procedure for the imposition of a safeguard measure and its notification shall be laid down in specific legislation8c.
(4) Where the Railway Authority finds that a structural subsystem for which a verification of conformity or suitability for use has been issued is not fully in accordance with the relevant technical specification of interconnection or does not meet the essential requirements for design and operating conditions, it shall decide to impose a safeguard measure to prevent further use of the structural subsystem. The Railway Authority shall notify the Ministry of Industry and Trade of the imposition of a safeguard measure.
(5) The Railway Authority shall ensure the publication of up-to-date data kept in the register of individual components of the subsystems of newly built or upgraded runways included in the European rail system and the data of the register of railway vehicles.
(6) The Railway Authority shall publish its annual activity report for the calendar year and forward it to the European Railway Agency by 30 September of the following calendar year. The content of the annual report shall be laid down in implementing legislation.
8c) Sections 7 and 9 of Act No. 102 / 2001 Coll., on general product safety and amending certain laws (Act on General Product Safety), as amended by Act No. 277 / 2003 Coll. '
footnote 8c is renumbered footnote 8f, including the footnote reference.
30. Part seven, including the headings and footnotes No 8d and 8e, read:
ADMINISTRATIVE DEPARTMENTS
Transfers
(1) A natural person commits an offence by:
(a) enter, contrary to Paragraph 4a (1), on the runway or in the circumference of the runway, places which are not accessible to the public;
(b) operate in the railway protection zone in breach of Article 9 (1);
(c) infringes or threatens the operation of the runway and the runway, or damages parts of the runway or parts of the track;
(d) intentionally damage the structure of the track, the structure on the track or any other device forming part of the structure or intentionally impair the operation of the groove or groove line;
(e) in contravention of § 22 (4), does not pay attention to the route operator's instructions in the circuit;
(f) infringes the transport conditions laid down for the transport of dangerous goods pursuant to § 37 (2) (j) or § 37 (3) (d); or
(g) as owner of a train vehicle, does not provide the data referred to in Article 49d (3).
(2) A natural person, as owner of the track, commits an offence by:
(a) does not ensure, contrary to Article 20 (1), the maintenance and repair of the runway to the extent necessary for its operation or does not allow access to other runways; or
(b) does not ensure the operation of the runway in breach of § 21 (1).
(3) As owner of a national or regional rail, a natural person continues to commit an offence by:
(a) does not take care of the development and modernisation of the runway pursuant to Paragraph 20 (2);
(b) does not offer the State for redemption, contrary to Paragraph 20 (3); or
(c) in the case provided for in Paragraph 21 (1), it shall not allow the operation of the runway by another authorised person.
(4) A natural person, as a security adviser for the transport of dangerous goods, commits an offence by:
(a) fails to draw up the annual report referred to in Subsection 1.8.3.3 of the Regulations for the International Carriage of Dangerous Goods by Rail (8d) (hereinafter referred to as the Order); or
(b) shall not produce an accident report under Subsection 1.8.3.6 of the Order.
(5) A penalty may be imposed in respect of an offence:
(a) 10 000 CZK if the offence referred to in paragraph 1 (a), (e) or (g) or 4 is committed;
(b) 1 000 000 CZK if the offence referred to in paragraph 1 (b), (c) or (d) is committed;
(c) 10 000 000 CZK if the offence referred to in paragraph 1 (f), paragraph 2 or paragraph 3 is committed.
Administrative offences of legal and business natural persons
(1) A natural person, whether legal or legal, commits an administrative offence by:
(a) in contravention of § 4a (1) in the circumference of the business activity,
(b) as owner of a network of technical equipment located in the circuit of the track, it does not proceed in the event of an accident of that network in accordance with the instructions given by the railway operator pursuant to § 5a (3);
(c) as owner of a network of technical equipment located in the circuit or in the track protection zone, in the case provided for in Article 5a (5), it shall not ensure that it operates, maintenance and repair in such a way that it does not cause a threat to the life, health or property of persons;
(d) operate in the railway protection zone in breach of Article 9 (1);
(e) infringes or threatens the operation of the runway and the runway, or damages the track parts or parts of the track vehicle;
(f) damage the structure of the track, the structure on the track or any other device which is part of the structure or impair the operation of the groove or groove line;
(g) operate a runway contrary to Article 11 (1) without official authorisation;
h) operates railway services in breach of § 24 (4) without a valid licence;
(i) infringes the transport conditions laid down for the transport of dangerous goods on the basis of § 37 (2) (j) or § 37 (3) (d); or
(j) as owner of a train vehicle, does not provide data pursuant to Paragraph 49d (3).
(2) The legal or business natural person, as owner of the track, commits an administrative offence by:
(a) does not ensure, contrary to Article 20 (1), the maintenance and repair of the runway to the extent necessary for its operation or does not allow access to other runways; or
(b) does not ensure the operation of the runway in breach of § 21 (1).
(3) A legal or commercial natural person, as owner of a national or regional track, commits an administrative offence by:
(a) does not take care of the development and modernisation of the runway pursuant to Paragraph 20 (2);
(b) does not offer the State for redemption, contrary to Paragraph 20 (3); or
(c) in the case provided for in Paragraph 21 (1), it shall not allow the operation of the runway by another authorised person.
(4) A legal or business natural person as a railway operator commits an administrative offence by:
(a) shall not, pursuant to Article 17 (2), notify or provide evidence to the Administrative Office of any changes to the particulars and documents provided for in the application for an official authorisation;
(b) does not notify the railway authority or the railway owner of this fact, in accordance with Article 18 (1), prior to the application for revocation of an official permit to operate the runway;
(c) operate a runway contrary to § 22 (1) (a);
(d) does not ensure, in accordance with Paragraph 22 (1) (c), that the operation of the railway is carried out by a person who is medically and professionally competent;
(e) not publish, in accordance with § 22 (1) (d), timetables for public rail passenger services and their changes;
(f) it shall not indicate the station names (stops) it operates pursuant to Paragraph 22 (1) (e);
(g) operates a designated technical installation contrary to § 22 (1) (f);
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Regulation Information
| Citation | Act No. 181 / 2006 Coll., amending Act No. 266 / 1994 Coll., on Railways, as amended, and Act No. 200 / 1990 Coll., on Infringements, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.05.2006 |
|---|---|
| Effective from | 01.07.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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