Act No. 23 / 2000 Coll.
Act amending Act No. 266 / 1994 Coll., on Railways
Valid
Effective from 01.04.2000
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23
THE LAW
of 18 January 2000
amending Act No. 266 / 1994 Coll., on Railways
Parliament has decided on this law of the Czech Republic:
Act No. 266 / 1994 Coll., on Railways, as amended by Act No. 189 / 1999 Coll., is amended as follows:
1. In Article 2 (4), a comma is inserted after the word "persons' and the word" or 'is deleted and the word "animals' is inserted after the word" goods'.
2. In Article 2, the following paragraph 5 is inserted after paragraph 4:
"(5) The public interest in the field of public rail passenger transport is the interest in ensuring the basic transport needs of the population. The use of public interest in the provision of transport services shall be decided by the competent authority of the State administration or the self-administration. ';
Paragraph 5 shall become paragraph 6.
3. In Article 3 (1) (b), the words "regional or 'shall be inserted after the words" the runway'.
4. In Article 3 (1) (d), the word "in particular" shall be inserted after the words "serving."
5. the following Section 4a is inserted after Section 4, including the title and footnote (1a):
Track protection
(1) No person may, without the permission of the railway operator, engage in activities which are considered to be business, enter the runway and the track circuit into places which are not accessible to the public, unless otherwise provided for in special legislation (1a).
(2) All positions on the track and within the track perimeter are not accessible to the public except:
(a) the runway and its perimeter when the runway is guided by road;
(b) the track and its circumference at the crossing point of the road;
(c) premises intended for the public, platforms and access routes, and premises in buildings situated within the perimeter of the railway, provided that they provide services related to railway transport;
(d) public access to special-purpose communications within the track;
(e) free areas not less than 2,5 m from the centre of the outer track.
1a) For example, Act No 222 / 1994 Coll., on the Terms and Conditions of Business and Performance of State Administration in the Energy Sector and on State Energy Inspection, as amended by Act No 83 / 1998 Coll. '
6. In Article 5 (2), the words "and equipment 'shall be inserted after the word" buildings', including footnote 1 (b).
1b) Paragraph 71 (2) of Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended by Act No. 83 / 1998 Coll. '.
7. the following Section 5a is inserted after Section 5, including the title and footnote (2a):
Track contact with foreign management
(1) For reasons of public interest, the runway and track construction may cross or intersect with energy, water, sewer, telecommunications and, where appropriate, other networks of technical equipment which do not serve to operate railways and railway services on rails, hereinafter referred to as "technical equipment networks', so that the rights and obligations of owners and operators of such facilities are ensured in accordance with the rights and obligations of railway owners and railway operators and rail transport on the runway.
(2) Technical equipment networks may be located in the railway circuit only on the basis of a written contract to establish a material burden between the railway owner and the owner of the technical equipment network, for remuneration. If the contract is not concluded, ownership rights may be restricted only by decision of a special construction office. The special construction office shall proceed under a special law in proceedings relating to the restriction of property rights. (2a)
(3) In the event of an accident on a network of technical equipment located within the track perimeter, the owner of the technical equipment network shall immediately notify the railway operator of the accident and the extent of the necessary work to remove it. The owner of the technical equipment network shall, in matters relating to the runway, follow the instructions of the railway operator and ensure that the railway section concerned is subsequently brought into its original state and, if this is not possible, taking into account the nature of the work carried out, to a state corresponding to the original purpose or use of the railway section concerned.
(4) When changing the construction of the railway or the construction of the new railway, the builder shall bear the costs associated with the changes in the technical equipment networks caused by the construction or its change as specified in the decision of the special construction office.
(5) The owner of a network of technical equipment which is located in the track circuit or in the track protection zone and which is in the reverse traction current range from the use of DC or AC traction system shall ensure that they are operated, maintained and repaired in such a way that they do not constitute a threat to the life, health or property of persons.
2a) § 108 et seq. of Act No. 50 / 1976 Coll., as amended. '
8. In the second sentence of Article 6 (1), the words "and security 'are deleted.
9. In Article 6, the following paragraph 2 is inserted after paragraph 1, including footnote 2b:
"(2) The railway authority decides on the scope and method of ensuring the crossing of the railway track with the roads at the level of the tracks and its change, after prior observations by the competent authority of the Czech Police. The decision on the scope and method of ensuring crossing shall not replace authorisations issued by administrative authorities under specific legislation. (2b) The technical means of securing the crossing shall be laid down in the implementing regulation.
2b) For example Act No. 50 / 1976 Coll. '
Paragraph 2 shall become paragraph 3.
10.Paragraph 7 (2) reads as follows:
"(2) The eligibility of the runway must be verified by a technical safety test before the approval decision is taken. For structures which, by their nature and purpose, affect the conditions of safe and smooth operation of the runway and railway transport, the Railway Administration also provides for the introduction of test operations in the construction permit. The scope and conditions of the technical safety test and the test operation shall be determined by the implementing regulation. ';
11. in Paragraph 9 (4):
"(4) The owner of the property adjacent to the tram or trolleybus track shall, where necessary for the necessary period of time, be obliged, for one-off payment, to impose restrictions on the ownership of his property consisting of the location and operation of fixed traction, signalling or signalling equipment. The decision to restrict the right of ownership and the level of remuneration shall be taken by the railway operator, on a proposal from the railway operator, by the railway or trolleybus railway authority. The railway operator shall, when placing and removing such equipment on foreign real estate, place the property at the end of the work in its original state and, if this is not possible in view of the nature of the work carried out, in a state corresponding to the original purpose or use of the property in question. ';
footnote 4 is deleted;
12. In Paragraph 11, the dot is replaced by a comma at the end of paragraph 1 and the following is added, including footnote 5a (a): "if registered in the Commercial Register. (a)
5a) § 3 (2) of Act No. 513 / 1991 Coll., Commercial Code. '.
13. in Paragraph 12 (1) (b), the words "members of a statutory body" shall be replaced by the words "statutory body or member of a statutory body."
14. In Paragraph 12, the dot is replaced by a comma at the end of paragraph 1 and the following point (c) is added:
"(c) the applicant intending to operate the national and regional rail shall demonstrate the financial capacity to operate the runway (§ 14a)."
15. Paragraph 12 (2) is deleted and paragraph 1 is deleted.
16. In Article 14, the words "in the management activity 'are inserted after the words" on the execution of the three-year practice' and the words "in the management activity 'are inserted after the words" on the execution of the five-year practice'.
17. the following Section 14a is inserted after Section 14:
(1) The financial capacity to operate a national or regional runway is the ability of the railway operator to financially ensure the launch and proper operation of the runway for the purpose of smooth and safe railway transport.
(2) Financial capacity shall be demonstrated
(a) a detailed business budget for the annual financial year in which revenue from charges for the use of the railway infrastructure, the costs of maintaining and repairing the runway for the purpose of ensuring its operation and other costs of ensuring the operation of the runway must be shown separately, indicating other commercial and operational revenues and payments and an overview of debtors and creditors;
(b) the volume of funds available, including the status of bank accounts and loans;
(c) operating capital;
(d) financial statements certified by the auditor, including its annex, to the full extent (statement of cash flows) where the railway operator has carried out business activities during the previous annual financial year.
(3) A more detailed breakdown of the data referred to in paragraph 2 and the method of calculating them shall be laid down in the implementing act. "
18. in Paragraph 15 (1), the words "including the determination of the beginning and end of the runway, the points of contact of each other and the construction length of the runway shall be added at the end of the text of point (c)."
19. in Article 15 (1), point (d) is deleted;
20. in Article 15 (2), the words "an extract from the criminal record shall not be more than 3 months old at the end of the text of point (a);"
21. in Article 15 (2), the words "or a document proving the establishment of a legal person" shall be added at the end of the text of point (b);
22. in Article 15 (2) (e):
"(e) a document certifying the applicant's ownership of the track or a document certifying the applicant's legal relationship to the runway, unless the applicant is its owner;"
23. in Article 15 (2), the following point (g) is inserted after point (f):
"(g) documents proving financial capacity in the case of an applicant intending to operate a national or regional track;"
Point (g) shall be renumbered as point (h).
24. In Article 16 (2), the dot is inserted after the words "safe operation of the runway," and the words "in particular the condition for railway operators to issue internal rules on the organisation of the runway and rail transport, on the professional competence of railway staff and the organisation of railway transport" shall be deleted.
25. In Article 16, the following paragraph 4 is added:
"(4) There is no legal claim for an official authorisation."
26. in Article 17 (a), the words "members of a statutory body" shall be replaced by the words "statutory body or members of a statutory body."
27. at the end of point (c), the words "including the determination of the beginning and end of the runway, the points of contact of each other's textured runways and the construction length of the runway," shall be added;
28. in Article 17, point (d) is deleted;
Points (e), (f) and (g) shall be renumbered as points (d), (e) and (f).
29. In Article 17, the current text becomes paragraph 1 and the following paragraphs 2 and 3 are added:
"(2) The railway operator shall notify the railway authority of any changes to the data and documents provided for in the application for an official authorisation pursuant to Article 15 and provide evidence thereof within 30 days of the date of the change. The railway administration shall decide, as appropriate, to amend the official authorisation or to revoke the official authorisation.
(3) At the reasoned request of the railway operator, the Railway Authority shall decide to amend the official authorisation if it has changed the facts on the basis of which the decision to issue the official authorisation was made. ';
30. The heading of Paragraph 18 reads: "Repeal and termination of official authorisation."
31. in Paragraph 18, at the end of point (d), the dot is replaced by a comma and the following point (e) is added:
"(e) the date of cancellation of the runway."
32. Article 19 shall be deleted;
33. Paragraph 20, including the title, reads:
Obligations of the runway owner
(1) The owner of the track is obliged to ensure the maintenance and repair of the runway to the extent necessary for its operation and to allow the track to come into contact with other runways.
(2) Furthermore, the owner of the national and regional rail is obliged to take care of the development and modernisation of the railway to the extent necessary to ensure the transport needs of the State and the transport services of the district's territorial district.
(3) If the owner of a national or railway track is not a regional State and the owner of the railway is not in a position to ensure its operability, he shall be obliged to offer the runway to the State for its redemption. The Ministry of Transport and Communications acts on behalf of the State.
(4) The technical conditions of operation of the runway and technical conditions of contact of the runway shall be laid down in the implementing act. "
34. Paragraph 22, including the title above, reads:
"Rights and obligations of the railway operator and obligations of persons located on and within the track perimeter
(1) The runway operator shall:
(a) operate the runway for smooth and safe railway transport in accordance with the rules governing the operation of the runway and the official authorisation;
(b) issue an internal regulation on the operation of the railway at the date of commencement of the operation of the runway and on the competence and knowledge of persons providing the operation of the runway and their means of verification, including a system of regular training;
(c) ensure that railway operations are carried out by persons who are medically and professionally competent;
(d) for public rail passenger transport, to publish timetables and their changes;
(e) identify the station names (stops) it operates; the national and regional railway operator is bound in this respect by the decision of the railway administration on the name of the station (stop),
(f) operate the designated technical equipment only with a valid licence and in a technical condition which corresponds to the approved competence.
(2) The national or regional railway operator shall also:
(a) financially ensure the proper operation of the runway throughout the duration of the official authorisation;
(b) to provide the Administrative Office with evidence, for each calendar year at the latest by 30 June of the year following, of the duration of the financial capacity to operate the runway properly;
(c) at the invitation of the railway administration to provide the information necessary to verify the duration of the financial capacity to operate the runway.
(3) The runway operator shall be authorised to:
(a) to provide carriers with instructions to ensure smooth and safe rail transport when organising railway transport;
(b) give instructions to persons located within the perimeter of the railway to ensure their safety, the safety of other persons and to protect property and public order and to prevent possible interference or danger to the operation of the runway and rail transport on the runway.
(4) Persons located in the railway circuit shall be obliged to take care of their safety, to take care of the instructions of the railway operator to ensure the safety of persons and the safety of the operation of the runway and railway transport and to ensure the protection of property and public order and to refrain from anything which might interfere with or jeopardise the operation of the runway and railway transport, or to cause damage to parts of the railway or railway vehicles or to disturb public policy.
(5) The rules governing the operation of the runway shall be laid down in the implementing act. "
35.
(1) In addition to the obligations set out in § 22, the operator of the national and regional rail shall:
(a) to allow a carrier with a valid licence and a valid certificate of the carrier to operate railway services on the runway under contract at a price agreed under price regulations, 6)
(b) provide their transport route for the necessary time to another railway operator for the discovery of a non-passable section of the road, provided that such traffic was caused by a natural event or accident.
(2) The national and regional rail operator is also obliged to:
(a) each year on 31 December of the calendar year concerned, notify the administrative department of the free capacity of the road available for allocation to carriers; When determining the capacity, the railway operator shall base on the throughput of the road derived from the number of trains regularly operated;
(b) determine the scope of the transport services provided for the carriage of persons and goods at individual stations and publish them in the Transport and Tariff Bulletin. ';
36. The following Sections 23a and 23b are inserted after Section 23:
Track operating restrictions
(1) The railway operator shall be entitled to restrict the operation of the runway or part thereof for a period of time strictly necessary for reasons of maintenance or repair of the runway or for the purpose of disrupting the operational capability of the runway as a result of a natural event, accident or incident that threatens the safe operation of the runway or railway transport.
(2) If the duration of the restriction on the operation of the runway or part of the track exceeds 24 hours and the restriction interferes with the agreed scope and frequency of the runway, the railway operator shall immediately inform the railway operator of the reasons and the duration of the envisaged restriction of the railway authority, the railway owner and the carrier operating on the runway whose operation is restricted. The railway authority may decide on the time and conditions of the restricted operation of the track or part of the track, on the basis of the notification of the railway operator. This procedure is without prejudice to the right of carriers to compensation.
(3) The railway operator is entitled to operate the runway to a limited extent due to the suspension of the runway or part thereof in accordance with the decision of the railway administration pursuant to § 38. The runway operator shall ensure regular inspections and inspections of specified technical parameters of track components in accordance with the track operating rules.
(1) At the reasoned request of the railway operator, the Railway Authority shall decide on the restriction of the operation of the runway or part thereof which distorts the agreed scope and frequency of the runway for reasons of reconstruction of the runway or part thereof under the construction permit.
(2) The railway administration shall discuss the application with the railway owner and with the carrier that operates the route or part of it whose operation is to be restricted.
(3) The Railway Administration shall specify in the Decision the time and conditions for the restricted operation of the runway or part thereof. This procedure shall be without prejudice to the right of carriers to compensation. ';
37.
(1) Rail transport may be operated either publicly or not.
(2) Public rail transport is a transport service operated by the carrier to meet general transport needs according to predeclared transport conditions, published timetable and tariff.
(3) Non-public rail transport is transport operated by the carrier to meet individual transport needs under contract conditions.
(4) A legal or natural person, registered in a commercial register on the basis of a valid licence, a valid certificate of the carrier may operate railway services on the railway, unless otherwise provided for by that law or special legislation, 5) and contracts concluded to operate railway services, unless the railway operator and the carrier are one person.
(5) The licence is issued by the Railway Administration on request. '
38. in Paragraph 25 (1) (b), the words "members of a statutory body" shall be replaced by the words "statutory body or member of a statutory body";
39. In Article 25, at the end of paragraph 1, the dot is replaced by a comma and the following points (c), (d) and (e) are added:
"(c) the applicant intending to operate railway services on a national or regional rail shall demonstrate his financial capacity to operate railway services;
(d) free road capacity is available for the required rail transport;
(e) the technical conditions of the runway make this possible. ';
40. Paragraph 25 (2), including footnote 6a, reads as follows:
"(2) The Railway Administration is obliged to grant licences so that the use of the road does not confer an advantage on any of the applicants. With limited traffic capacity, the Railway Administration is entitled to grant a licence to the applicant who intends to operate
(a) public rail transport to ensure the transport needs of the State or public rail transport to ensure the transport services of the district district district district district;
(b) international transit rail transport;
c) freight rail transport for export of Czech goods 6a) or for Czech producers.
6a) § 2 (e) of Act No. 13 / 1993 Coll., Customs Act. '.
41. In Article 27, the words "in management activity 'are inserted after the words" on the execution of three-year practice' and the words "in management activity 'are inserted after the words" the execution of five-year practice'.
42. The following Section 27a is inserted after Section 27:
(1) A financial capacity for the operation of railway services on a national or regional rail is the ability of the carrier to financially ensure the start and proper operation of railway services and the ability to guarantee current and future obligations for at least one year.
(2) Financial capacity shall be demonstrated
(a) commercial property;
(b) the volume of funds available, including the status of bank accounts and loans;
(c) operating capital;
(d) the business plan for the first year of rail transport,
(e) accounts audited by the auditor, including an annex thereto, to the full extent (statement of cash flows) where the carrier has carried out business activities during the previous annual financial year;
(f) proof of the financing of railway vehicles.
(3) The carrier is not financially eligible, in particular if he owes outstanding taxes, social security contributions, contributions to state employment policy or general health insurance.
(4) The detailed arrangements for demonstrating the financial capacity to initiate and operate railway services on a national or regional rail shall be laid down in the implementing act. "
43. In Paragraph 28 (2) (a), the words "all members of the statutory body" shall be replaced by the words "persons or persons who are the statutory body or its members" and the words "legal person" shall be added after the words "who are not more than 6 months old."
44. in Paragraph 28 (2) (c):
"(c) an extract from the commercial register or a document proving the establishment of a legal person;"
45. in Article 28 (2), the following point (e) is inserted after point (d):
"(e) documents proving financial capacity in the case of an applicant intending to operate railway services on a national or regional track;"
Point (e) shall be renumbered as point (f).
46. in Paragraph 29 (1), the second sentence is deleted;
47. Paragraph 29 (2) is deleted.
Paragraph 3 shall become paragraph 2.
48. in Article 30 (a), the words "members of a statutory body" shall be replaced by the words "persons or persons who are a statutory body or its members."
49. In Paragraph 30, the present text becomes paragraph 1 and the following paragraph 2 is added:
"(2) If the application has been rejected, the Railway Administration shall state in the decision the reasons for which the licence has not been granted. If the licence application has been rejected from a lack of free road capacity, it shall be re-examined when the timetable is changed. ';
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Regulation Information
| Citation | Act No. 23 / 2000 Coll., amending Act No. 266 / 1994 Coll., on Railways |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.02.2000 |
|---|---|
| Effective from | 01.04.2000 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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