What is Act No. 194 / 2010 Coll.?

Act No. 194 / 2010 Coll., on public passenger transport services and amending other laws — Law on public passenger transport services and amending other laws.

When it became Act No. 194 / 2010 Coll. effectiveness?

Act No. 194 / 2010 Coll. became effective 01.07.2010.

Is Act No. 194 / 2010 Coll. still valid?

Yes, Act No. 194 / 2010 Coll. is still valid and effective.

How many times was it Act No. 194 / 2010 Coll. amended?

Act No. 194 / 2010 Coll. has 11 time versions of the text.

Act No. 194 / 2010 Coll. - Law on public passenger transport servic...

194

THE LAW

of 20 May 2010

on public passenger transport services and amending other laws

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

PUBLIC SERVICES IN TRAVEL TRANSPORT

HLAVA I

GENERAL PROVISIONS

§ 1

Subject matter

(1) This Act regulates, following the directly applicable European Union1) the procedure of the State, regions and municipalities in providing transport services to public passenger transport services by public rail passenger transport2) and public line transport3) (hereinafter the "provision of transport services").

(2) The provisions of this Act apply mutatis mutandis to the procedure for the provision of public passenger transport services in inland waterway (4).

§ 2

Transport services

Transport services are transport services for all days of the week mainly to schools and school establishments, public authorities, employment, health services providing basic health care and to meet cultural, recreational and social needs, including return transport, contributing to the sustainable development of the territorial area.

HLAVA II

INSURANCE OF TRANSPORT SERVICES

Transport services of the State, Region and Municipality

§ 3

(1) The regions and municipalities in their own competence determine the scope of the transport service and ensure the transport service of public passenger transport services by public rail passenger transport and by public scheduled services and by connecting them.

(2) The Region provides transport services in its territorial district and, where necessary for the provision of transport services in that region, with the consent of another region in its territorial district. The Region may provide public passenger transport services by public rail passenger transport and by public scheduled services in the neighbouring territorial district of another State, in agreement with the competent public authority of another State, if necessary to ensure the transport service of the region. The Region may also provide transport services for the State, another region or the municipality, provided that they have a public contract.

(3) The municipality provides transport services in its territory beyond the transport services of the region. The municipality may provide public passenger transport services by public rail passenger transport and public scheduled services outside its territorial area, where this is necessary for the provision of transport services by that municipality and with the agreement of the county and the municipalities which have a public passenger transport contract and whose territorial area is affected by the provision of services. The municipality may also provide transport services for the region or other municipality, provided that they have a public contract.

§ 4

(1) The State, through its organisational component, ensures the transport service of public passenger transport services by public rail passenger trains of a national nature of trans-regional or international traffic; in the neighbouring territorial area of another State, it may provide it in agreement with the competent public authority of another State. The State may also provide the transport services of the county or municipality by public rail passenger transport operated on a national or regional track, provided that they are covered by a public contract.

(2) The Ministry of Transport provides transport services for the state. The Ministry of Transport, in agreement with the Ministry of Finance, shall determine the maximum amount of compensation and the method of that determination for the duration of the public passenger transport service contracts. If no agreement is reached between the Ministry of Transport and the Ministry of Finance, the maximum amount of compensation shall be determined by the Government on a proposal from the Ministry of Transport; a proposal for a Government decision shall be submitted by the Ministry of Transport to the Government no later than 30 days after the date on which no agreement was reached between the two ministries or at ministerial level. Until the decision of the Government, the scope of the transport service shall be determined by the Ministry of Transport according to the scope of the transport service determined in the previous financial year. On the basis of the maximum compensation, the Ministry of Transport will determine the scope of the provision of transport services.

(3) The Ministry of Transport provides transport services for the needs of state defence in agreement with the Ministry of Defence.

Transport planning and integrated public services

§ 4a

Transport planning shall be carried out through the concept of public transport and land transport services plans. The aim of transport planning is to create conditions for economic, efficient and efficient provision of transport services and mutual cooperation between the state, regions and municipalities in this activity. The transport service plans of the territory shall comply with the concept of public transport; they must always comply with the concept of public transport within 1 year of the date of its approval.

§ 4b

(1) The concept of public transport is acquired for at least 5 years by the Ministry of Transport for the entire territory of the State and approved by the Government. The Ministry of Transport shall publish the concept of public transport in a way that allows remote access.

(2) The concept of public transport includes:

(a) the main objectives and priorities of the State in the field of public passenger transport services to ensure the sustainable development of the territory, the protection of the environment and the living needs of the population, taking particular account of their age, health and social situation;

(b) the main backbone axes of the provision of public passenger transport services and the deployment of major transfer hubs at national level;

(c) the basic framework for cooperation between the state, regions and municipalities in the provision of transport services; and

(d) instruments for its implementation.

(3) The draft public transport concept will be discussed by the Ministry of Transport in particular with the Office for the Protection of Competition (hereinafter the Office), ministries, counties, associations of municipalities with national competence and representatives of carriers.

Transport planning and integrated public services

§ 5

(1) The transport service plan of the territory is procured by the State, the Region and the municipality which provides or intends to provide transport services (hereinafter referred to as "the client"). More than one client can make a joint transport service plan for the territory.

(2) The transport service plan of the territory shall be drawn up for a period of at least 5 years and shall include in particular:

(a) a description of the public passenger transport services provided;

(b) the estimated extent of compensation granted;

(c) the timetable for concluding public service contracts and the procedure for concluding such contracts;

(d) the timetable and method of integration where the procuring entities participate in the organisation of integrated public passenger transport services;

(e) maximum fares for passengers, if they are to be fixed by the client,

(f) other data relating to the financing and cost-effective provision of public passenger transport services provided for directly applicable European Union Regulation (13).

(3) The draft transport service plan of the territory of the customer shall be discussed with:

(a) the region where the acquirer is a State;

(b) the Ministry of Transport and neighbouring regions, if the purchaser is the region,

(c) the region in whose territorial district it is situated, if the purchaser is a municipality; and

(d) a national or regional rail operator on which public rail passenger transport is to be operated to ensure transport services.

(4) The transport service plan of the territory will be published by the purchaser in a way that allows remote access.

§ 6

(1) Integrated public services are integrated public passenger transport services under the directly applicable European Union5). The requirement for a single information service shall be met provided that information on the single timetable and tariff is provided in one place.

(2) Counties and municipalities may set up, individually or jointly, a legal person to carry out tasks in the establishment and organisation of integrated public passenger transport services (hereinafter referred to as "the organiser"). The organiser may be entrusted to procure, on behalf of the county or municipality, a transport service plan for the territory or to conclude public passenger transport services contracts in the designated territory and for designated modes of transport.

(3) Only the county or municipality may have a participation in the organiser. The organiser shall not operate public rail passenger services or public regular services.

§ 7

Electronic passenger payment and handling systems

(1) Where the State, region or municipality operates electronic passenger payment and handling systems itself or through third parties when providing transport services, those systems, their equipment and technologies designated by the implementing legislation (hereinafter referred to as "designated equipment and technology ') shall ensure interconnection between electronic passenger payment and clearance systems.

(2) The implementing legislation lays down requirements and procedures to ensure the technical and operational connectivity of electronic payment and clearance systems for passengers and designated equipment and technologies.

§ 7a

Single travel document

(1) When operating public rail passenger services on a national or regional track under a public passenger transport service contract, the carrier shall be obliged to allow the use of the services provided by it on the basis of a single travel document. The use of transport services on the basis of a single travel document may also be permitted by the carrier when operating other public rail passenger services on a national or regional track or when providing integrated public services.

(2) The fares for transport services referred to in paragraph 1 and the prices of other related services are negotiated in accordance with the price regulations (14). A single ticket shall show the payment of the fare and the prices of the related services according to the first sentence. The transport services referred to in paragraph 1 shall be provided by carriers under conditions agreed with the Ministry of Transport.

(3) The sale of the single travel document shall be ensured by any carrier operating public rail passenger services on a national or regional track allowing the use of the transport services referred to in paragraph 1.

(4) The sale of the single travel document and the settlement of the revenue from such sale shall be carried out through the information system of the single travel document, which is the information system of the public administration, the administrator of which is the Ministry of Transport.

(5) The information system of uniform travel documents shall include:

(a) hauliers who permit carriage on the basis of a single travel document, by which the commercial firm, the name or the name or, where applicable, the names and surnames, the address of the registered office and the identification number of the person, if assigned,

(b) transport services which may be used on the basis of a single travel document;

(c) the amount of fare, the prices of other related services and the terms and conditions of use of transport services on the basis of a single travel document;

(d) the commercial places where the sale of the single travel document is ensured;

(e) to the client, the organiser or any other person providing the organisation of integrated public services, the name or name of the firm, and, where applicable, the names and surnames, the address of the registered office and, if assigned, the identification number of the person and of the transport system provided by him;

(f) passengers provided at the time of purchase of the single travel document, which may be the name and, where applicable, the names and surnames, the delivery address, the date of birth, the photograph, the type and number of the personal document and the contact details;

(g) buyers of a single travel document provided at the time of its purchase, which may be the name, name or, where applicable, name, surname, address of the registered office, address of delivery, bank connections and contact details;

(h) the fares and prices of the related services paid on the basis of the single travel document;

(i) issued uniform travel documents and transport services provided on their basis; and

(j) the rights exercised under the transport contract.

(6) The information referred to in paragraph 5 (f) and (g) shall be kept for a period of 12 months from the expiry of the single travel document or, where appropriate, for a longer period, if necessary in the case of the exercise of rights under the transport contract. The Ministry of Transport shall publish the data referred to in points (a) to (e) of paragraph 5 in a manner that allows remote access. Access to the data referred to in points (f) to (j) of paragraph 5 shall be granted only to the person who sold the single travel document and to the carrier who provided or is to provide transport services on the basis of that travel document.

(7) The formalities for the single travel document and the method for selling the single travel document are laid down in the implementing legislation.

HLAVA III

PROCEDURE FOR PROVISION OF PUBLIC SERVICES

§ 8

(1) To ensure transport service, the client can

(a) conclude a public passenger transport service contract with a carrier which is a transport operator under other legislation2), 3);

(b) to provide public passenger transport services itself, if the client is a region or municipality; or

(c) conclude a public contract with another client which ensures that the service is provided by the conclusion of the contract referred to in (a); the conclusion of a public contract with the State does not require the approval of the superior administrative authority.

(2) The client provides transport services so that public passenger transport services

(a) consist of comprehensive technical and operational files and, in the case of public rail passenger services on a national or regional track, did not interfere with the network character of railway transport;

(b) they are interconnected by transport with other public passenger transport services; and

(c) they have been provided in accordance with the transport service plan which he has acquired in the territory in force at the time of the conclusion of the public passenger transport service contract or, if the public passenger transport service is provided by the client himself, at the time of the start of their provision.

(3) The carrier or client, if it provides public passenger transport services itself, must, at the latest by the date of the start of the provision of public passenger transport services

(a) have an allocated infrastructure capacity, a certificate from the carrier and a contract concluded to operate railway transport with the railway operator, if it is for public rail passenger transport;

(b) have a licence and an approved timetable in the case of carriers in public regular services;

(c) have the vehicles, personnel and technical facilities necessary for the operation of public passenger transport services according to the allocated road capacity or approved timetable;

(d) be eligible to provide a summary of the activities imposed by the Road Transport Act and the Railway Act; and

(e) comply with quality and safety standards for transport of persons with reduced mobility (hereinafter referred to as "quality and safety standards").

(4) Quality and safety standards are set out in the Annex to this Act. Minimum values and indicators of quality and safety standards and the way they are demonstrated shall be laid down in implementing legislation. The client may set stricter values and indicators of quality and safety standards or require compliance with other standards.

(5) The public passenger service contract is not a public contract.

§ 9

Public passenger transport services contract

(1) The client may conclude a public passenger transport service contract with a carrier selected by means of a tendering procedure in accordance with the directly applicable European Union1. If the conditions of Paragraph 18 are met, the client may conclude a contract with the carrier by direct enrolment.

(2) The client shall forward to the Ministry of Finance before 31 March a summary summary of the public service contracts concluded in the previous calendar year.

Tender procedure

§ 10

(1) The invitation to tender is opened by the publication of a notice of invitation to tender. The notification shall be a call for an unlimited number of carriers to submit tenders and to demonstrate compliance with the required qualification. The notification shall include:

(a) identification of the client;

(b) a description of the subject matter of the invitation to tender, which shall also include the estimated value and the estimated scope of public passenger transport services;

(c) the criteria for selecting the carrier;

(d) information on the availability of tender documents;

(e) a time limit for the submission of tenders which may not be less than 52 days from the date of publication of the notice of invitation to tender;

(f) the place where the tender is submitted; and

(g) the language in which the tender is to be submitted.

(2) The contract notice will be published by the client in the Public Procurement Bulletin under the Public Procurement Act. If the envisaged scope of public passenger transport services covered by the invitation to tender exceeds 50 000 km per year, the client shall also publish a notice in the Official Journal of the European Union via the Publications Office. Paragraph 212 of the Public Procurement Act applies mutatis mutandis for publication.

(3) Paragraph 36 and 37 of the Public Procurement Act shall apply mutatis mutandis to the terms of the tendering procedure and paragraphs 98 to 102 of the Public Procurement Act shall apply mutatis mutandis to the procurement documents, provided that, in application of paragraphs 98 (3) and (4), the time limit for the timely receipt of the request for clarification shall be at least 6 working days before the expiry of the period referred to in paragraph 98 (1) and the time limit for publication, dispatch or transmission of the explanations shall be 6 working days.

(4) The client shall apply mutatis mutandis to:

(a) the time limit for the award of the public procurement law § 40,

(b) the presentation of documents and the clarification or addition of data or documents in Sections 45 and 46 of the Public Procurement Act;

(c) the qualification, its scope, the demonstration of compliance with the qualification and assessment of the qualification, Sections 73 to 75, Sections 77 to 79 of the Public Procurement Act;

(d) the technical conditions of Sections 89 to 91 and 93 to 95 of the Public Procurement Act;

(e) tenderers and their exclusion from participation in the procedure Article 47 and 48 of the Public Procurement Act;

(f) the exclusion of a participant from participation in a tendering procedure for the implementation of an international penalty § 48a of the Public Procurement Act;

(g) security of Article 41 of the Public Procurement Act;

(h) the submission of tenders and their content by Article 103 and 107 of the Public Procurement Act; and

(i) electronic instruments of Sections 213 and 214 of the Public Procurement Act.

§ 11

(1) The client may further negotiate the tenders submitted. In such a case, the notice of invitation to tender shall contain, in addition to the information referred to in Article 10 (1):

(a) the manner in which tenders are to be negotiated, in particular whether the negotiations with all carriers are to take place simultaneously or separately; and

(b) the method of selecting carriers for further negotiations where the client decides to gradually restrict their number.

(2) Before discussing tenders, the client shall invite in writing all carriers not excluded from participating in the invitation to tender to negotiate tenders. Paragraph 61 of the Public Procurement Act applies mutatis mutandis to the conduct of negotiations.

§ 12

(1) Paragraph 108 to 110 of the Public Procurement Act shall apply mutatis mutandis to opening bid envelopes.

(2) Paragraph 39 (4) and (5) of the Public Procurement Act shall apply mutatis mutandis to the examination of tenders. Paragraph 114 of the Public Procurement Act applies mutatis mutandis to the evaluation of tenders. Paragraph 113 of the Public Procurement Act applies mutatis mutandis to the assessment of the abnormally low bid price.

§ 13

(1) On the basis of the results of the tendering procedure, the client shall select the carrier whose tender has been assessed as the most economically advantageous for the conclusion of the public passenger service contract. Paragraph 122 (2) to (8) of the Public Procurement Act shall apply mutatis mutandis to the selection of the carrier.

(2) Paragraph 123 of the Public Procurement Act shall apply mutatis mutandis to the notification of the selection of the carrier. Paragraph 124 and 125 of the Public Procurement Act apply mutatis mutandis to the conclusion of a public passenger service contract.

(3) Paragraph 241 to 246 of the Public Procurement Act applies mutatis mutandis to the submission of objections, the manner in which they are dealt with and the prohibition on the conclusion of a public passenger service contract.

(4) When concluding a public passenger transport service contract, the client may commit to future performance which is not covered by the budget of the client in force at the time of conclusion of the contract.

§ 14

Paragraph 127 and 128 of the Public Procurement Act shall apply mutatis mutandis to the cancellation of the tendering procedure, including the grounds for the cancellation. The client may also cancel the invitation to tender if he reserves it in the notice of invitation to tender.

§ 15

The client may conclude a public passenger transport service contract instead of with a selected carrier with a legal person who did not participate in the tender if:

(a) such an option has been included in the offer of the selected carrier, including the legal form, the minimum proposed capital, the proposed ownership structure and the proposal to fill the authorities of that person;

(b) it is directly or indirectly controlled by the client or the selected carrier at the time of the conclusion of the public passenger transport service contract;

(c) the purpose of its activities is to implement the subject matter of the public passenger transport service contract; and

(d) meet the qualification criteria.

§ 16

(1) Paragraph 222 of the Public Procurement Act shall apply mutatis mutandis to the amendment of the public passenger transport service contract, mutatis mutandis, with the application for the purposes of paragraph 4 (a), of the limit for public service contracts for the contracting authority concerned.

(2) Paragraph 219 of the Public Procurement Act applies mutatis mutandis to the publication of public service contracts in passenger transport concluded under a tendering procedure.

(3) Paragraph 223 of the Public Procurement Act applies mutatis mutandis to the termination of the public passenger transport contract.

§ 17

The client shall keep the tender documentation for 5 years from the end of the public passenger transport service contract or from the date of cancellation of the tender. The tender documents shall mean a summary of all documents in paper form or on the means of data required by this law in the course of the invitation to tender or, where appropriate, after the closing of the tender, including the full version of the offers of all carriers, the public passenger transport contract and any amendments thereto.

Direct assignment

§ 18

If the conditions of the directly applicable European Union6 are met, a public passenger service contract may be concluded by direct award.

§ 19

(1) No later than 1 year before the opening of the tendering procedure or prior to the conclusion of a public passenger transport service contract by direct award pursuant to Paragraph 18, the client shall publish information on his decision to conclude a public passenger transport service contract in accordance with the directly applicable European Union1) in the Official Journal of the European Union, unless the directly applicable European Union1 Regulation provides otherwise.

(2) In the event of the conclusion of a public passenger transport contract by direct assignment pursuant to § 18, the client shall publish on his official record at the latest 2 months before the conclusion of the contract and in a manner that allows remote access to the notification of:

(a) the identification details of the carrier with which the contract is to be concluded;

(b) the expected average annual value of public services or the number of kilometres per year when the contract is concluded with a public service carrier whose average annual value or number of kilometres per year does not exceed the values specified in the directly applicable European Union Regulation (1); and

(c) the envisaged scope of public services.

(3) A person who is interested in concluding the same public service contract by direct award and who, as a result of an infringement of a law or a directly applicable provision of a European Union1), is in danger or has suffered damage to his rights (the complainant) may submit reasoned objections in writing to the client within 15 days of the date of publication of the notice referred to in paragraph 2.

(4) In the objections, the complainant must state who is submitting them, against which the client's action is directed, in which the infringement of the law or the directly applicable European Union1 law is observed), the damage to the complainant as a result of the alleged infringement of the law or the directly applicable European Union1 law) is or has arisen and what the complainant seeks. Paragraph 245 and 246 of the Public Procurement Act apply mutatis mutandis to the manner in which the objections are settled and the ban on the conclusion of a public passenger service contract.

(5) For the publication of a public passenger service contract concluded on the basis of a direct award, the procedure laid down in Article 16 (2) shall be followed.

§ 20

(1) Before the conclusion of a public passenger transport service contract by direct award pursuant to Paragraph 18 or before the publication of a notice of invitation to tender, the client shall request the written statement of the carrier providing public passenger transport services to be the subject of a new contract in whole or in part to transfer vehicles to a new carrier.

(2) The carrier shall be entitled to require that a public passenger transport service contract concluded by direct award or tender documentation contains an obligation on the new carrier to purchase vehicles which:

(a) has been newly acquired with the consent of the client in the second half of the period of validity of the public service contract; and

(b) it has served to provide public services to be covered in whole or in part by a new contract; and

(c) they cannot be used by the carrier to provide other public services.

(3) The purchase price shall be determined as the expected book value at the time of receipt of the vehicles referred to in paragraph 2 and shall include any financial costs associated with early termination of the credit, leasing or other financial relationship related to the financing of the acquisition of such vehicles.

(4) Where a carrier requires the purchase of vehicles, it shall provide the client with a list of the vehicles to which it is due, including the date of their acquisition, the terms of their financing and the time of their amortisation, and demonstrate compliance with the conditions laid down in paragraph 2.

(5) The client shall be entitled to request from the carrier the documents necessary to demonstrate compliance with the conditions laid down in paragraph 2. If the conditions are met, the client shall comply with the request.

(6) If the carrier does not send the client the observations referred to in paragraph 1 within 2 months of receipt of the request from the client, the transfer of the vehicles shall be deemed not to be required.

(7) Paragraph 2 shall not apply where the contract has been terminated by the client for a serious breach of contractual obligations by the carrier, the carrier has ceased or ceased to be a transport operator under other legislation.

§ 21

Provision of public passenger transport services by public regular services and trams

(1) For the provision of public passenger transport services by public scheduled services and on the tram route, Sections 9 to 20 shall apply where:

(a) passengers are paid by the carrier of the fare;

(b) the carrier is granted an exclusive right or is granted compensation under prearranged conditions from public budgets; and

(c) the compensation does not exclude the commercial risk of the carrier associated with the level of the fare for the provision of public passenger services.

(2) If the conditions laid down in paragraph 1 are not met, the selection of the carrier shall be made in public regular services and in the course of the Tram Law on Public Procurement.

HLAVA IV

_

§ 22

(1) If the provision of public passenger transport services is interrupted or threatened immediately, the client may, in accordance with the directly applicable European Union8)

(a) conclude a public passenger service contract for the provision of the public services concerned by direct procurement;

(b) to extend the public passenger transport service contract already concluded to the provision of the public services concerned without tendering; or

(c) a decision to impose the provision of the public services in question on a carrier which is a transport operator under other legislation.

(2) In the decision referred to in paragraph 1 (c), the client shall define the scope of public passenger transport services provided and the method of calculating compensation in accordance with the directly applicable European Union Regulation (1).

(3) The notice of initiation referred to in paragraph 1 (c) shall also be posted on an official record by the client. Carriers who, within 2 days of the publication of the notice on the official plate, have notified the client in writing that they are interested in the provision of public passenger transport services to which they relate shall become parties to the proceedings.

(4) An appeal against a decision referred to in paragraph 1 (c) shall not have suspensory effect.

(5) The Ministry of Transport shall exercise the authority of the superior administrative authority (9) in the proceedings referred to in paragraph 1 (c).

(6) In the event of the conclusion of a public passenger service contract by direct entrustment in an exceptional situation, paragraphs 1 to 4 of Section 19 and Section 20 shall not apply.

HLAVA V

COMPENSATION

Citation	Act No. 194 / 2010 Coll., on public passenger transport services and amending other laws
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	16.06.2010
Effective from	01.07.2010
Effective until	-
Status	Valid

Act No. 194 / 2010 Coll.

Law on public passenger transport services and amending other laws

Contents