What is Act No. 266 / 1994 Coll.?

Act No. 266 / 1994 Coll., on Railways — Railway Act.

When it became Act No. 266 / 1994 Coll. effectiveness?

Act No. 266 / 1994 Coll. became effective 01.01.1995.

Is Act No. 266 / 1994 Coll. still valid?

Yes, Act No. 266 / 1994 Coll. is still valid and effective.

How many times was it Act No. 266 / 1994 Coll. amended?

Act No. 266 / 1994 Coll. has 41 time versions of the text.

Act No. 266 / 1994 Coll. - Railway Act

266

THE LAW

of 14 December 1994

about runways

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

INTRODUCTORY PROVISIONS

§ 1

Subject matter

(1) This law implements the relevant provisions of the European Union1), following the directly applicable regulation of the European Union1a) and provides for

(a) the conditions for the construction of railway, tramway, trolleybus and cableway tracks and the construction of such railways;

(b) the conditions for the operation of the runways referred to in (a), for the operation of railway services on those runways, as well as the rights and obligations of natural and legal persons linked thereto;

(c) the exercise of state administration and supervision in railway, tramway, trolleybus and cableway installations.

(2) The Act does not apply to mining, industrial and transferable railways.

§ 2

Basic concepts

(1) The runway is a path designed for the movement of railway vehicles including fixed equipment needed to ensure safety and continuity of railway transport.

(2) The runway operation is the technical condition of the runway guaranteeing safe and smooth operation.

(3) The operation of the runway is the activities that ensure and serve the runway and organise the runway transport.

(4) The operation of railway transport is an activity in which a legal relationship arises between the operator of such transport (hereinafter referred to as the carrier) and the person whose transport needs are met, the object of which is to transport persons, goods, animals or an activity which ensures business under specific regulations. (1b)

(5) A public interest in combined transport means an interest in promoting a more environmentally friendly mode of transport. The aid for combined transport in the public interest shall be understood as a tax rebate under specific legislation. 1c)

(6) Combined transport means freight transport using road or water transport in one journey except rail transport.

(7) The tariff is the price list for each transport performance for the provision of transport services and their conditions of use.

(8) A person established on the territory of the Czech Republic is entitled to do business in the territory of the Czech Republic, which is registered in the Commercial Register or has a split plant in the territory of the Czech Republic.

(9) The provision of services shall be understood as railway stations, stops, unbundled tracks, service stations and other technical facilities which are specifically intended by their operator to provide services directly related to the operation of railway services on the national or regional or public railway track or on a public railway train.

(10) The capacity of the runway shall be understood as its usable passageway enabling the required train paths to be spread over a certain section of the runway over a given period.

(11) The allocation of runway capacity shall be understood as allowing the use of such a part of the total runway capacity required for the required train path.

(12) The main activities are activities related to the negotiation and calculation of the price and the selection of the payment for the use of the runway, the allocation of the runway capacity and, in the case of a runway, national or regional, the processing of the runway declaration.

(13) A Member State shall mean a Member State of the European Union and another Contracting State of the Agreement on the European Economic Area.

(14) The technical specification for interoperability means a directly applicable European Union Regulation which regulates specific requirements in order to achieve technical and operational interconnectivity of the runways in the European Union and on the vehicles operated by them and is identified as the technical specification for interoperability.

(15) Interoperability element means a part of a subsystem on which the technical and operational interconnections of the national, regional and selected railway lines of other Member States and of railway vehicles operated on them depend and which is identified as an interoperability constituent in the technical specification for interoperability.

(16) The subsystem shall be understood as part of a track or a railway vehicle on which the technical and operational connectivity of the runway depends on the achievement of the national, regional and selected runway of other Member States and of the traction vehicles operated on them and which is identified as a subsystem in the technical specification for interoperability.

(17) The manufacturer means a person who manufactures or has an interoperability constituent, a subsystem or a railway vehicle designed or manufactured and who places an interoperability constituent, a subsystem or a railway vehicle on the market under his name or trade mark.

(18) The holder of a groove vehicle shall be the person who:

(a) the railway vehicle owns or has the right to use it;

(b) the railway vehicle uses or allows to be used to operate railway transport; and

(c) is registered in the European Vehicle Register as its holder (20).

ČÁST DRUHÁ

SPECIES

§ 3

Railway track category

(1) Railways are subdivided into different categories in terms of the meaning, purpose and technical conditions laid down in the implementing regulation. The categories of railway tracks are:

(a) a national runway which is a railway which serves international and national public rail transport and is designated as such;

(b) a regional runway of regional or local importance which serves public rail transport and is enclosed in a national or other regional runway;

(c) a local runway of local importance separated from a national or regional runway; the runway is separated if it allows the railway vehicle to move to another runway only by using a special technical device or if it serves exclusively the operation of non-public passenger rail transport, passenger rail transport for tourism purposes or operated by historical trains;

(d) a train which is a runway which serves its own needs as an operator or another entrepreneur and is entrenched in a national or regional runway or other towed line;

(e) a test track which is a track which is used in particular for the performance of the test operation of railway vehicles or type approval tests or for the modification of the type of railway vehicles and railway infrastructure;

(f) a special runway which is used mainly to ensure the transport service of the municipality.

(2) The Railway Authority will decide on the classification of the railway track in the relevant railway category and on changes to that classification.

§ 3a

The railway track on which high-speed rail transport is operated is a track equipped for the speed of railway vehicles above 200 km / h. A railway track equipped for the speed of railway vehicles up to 200 km / h intended for passenger or freight transport and combined transport is a conventional track.

§ 4

Track circumference

(1) The track circuit is a territory designated by a decision authorising a project for the location of a railway construction.

(2) The track circumference for the national and regional runway is defined by vertical areas led by the land boundaries which are intended for the location and maintenance of the runway.

(3) The track circumference of other runways shall be defined by vertical surfaces 3 m from the axis of the extreme track, the extreme carrier or transport rope, the outer wire of the traction line, or by the boundaries of the land intended for the location and maintenance of the track, but not less than 1,5 m from the outer edge of the track construction, unless the road is guided along the road.

§ 4a

Track protection

(1) No person may, without the consent of the railway operator, engage in activities which are considered to be an undertaking and enter into positions which are not accessible to the public, unless otherwise provided for in the Specific Legislation (1d).

(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.

(3) The level access routes to the platform are accessible to the public, except for track crossing when:

(a) a warning shall be given by a light signal of the track crossing warning device;

(b) the warning shall be given by the audible signal of the track crossing warning device;

(c) it is folded down, folded down, or the barrier of the track crossing warning device is raised;

(d) it is already immediately visible or audible of an approaching runway vehicle crossing the track crossing; or

(e) the railway operator's instructions are prohibited from crossing the tracks.

The form and manner of warning given by the track crossing warning device shall be specified in the implementing regulation.

§ 5

Track construction and track construction

(1) The construction of the runway is the construction of a road intended for the movement of railway vehicles and the construction which expands, complements, changes or secures the runway, whether or not it is in the circumference of the runway. Railway construction is not part of the property. The construction of a national, regional, tram, trolleybus or special rail is of public benefit.

(2) According to the Expropriation Act, the property right to land or construction or the right corresponding to the material burden to land or to construction may be withdrawn or restricted to the construction of the railway construction.

(3) If the property right to the land or construction needed for the construction of the railway is restricted by contract, the amount of payment of CZK 10 000 is agreed. If it does not agree with the amount expropriated in accordance with the previous sentence, the remuneration shall be agreed at the rate corresponding to the valuation of the limit set by the expert opinion.

(4) The construction on the runway is all construction and equipment1e) in the circumference of the runway which is not the construction of the runway, regardless of the purpose for which it serves.

(5) Track construction and track construction must comply with technical conditions2) and the safety requirements of runway operation and runway transport. The technical conditions and requirements of each type of runway shall be laid down in an implementing regulation.

(6) The runway as intended for the movement of train vehicles may be cancelled only on the owner's proposal. The railway authority shall decide on the cancellation of the runway.

§ 5a

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 the building office. The construction office of the Expropriation Act is proceeding in the process of restricting property rights.

(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 track, 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 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.

§ 6

Track crossing

(1) If the railway track crosses roads at track level, the crossing shall be marked and secured. The method of marking the crossing shall be laid down in the implementing regulation.

(2) The scope and method of ensuring the crossing of the railway track with roads at rail level and its change are decided by the Railway Administration, 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.

(3) When crossing railway lines with roads at rail level, railway transport takes precedence over road traffic.

§ 7

(1) The suitability of the runway construction for use must be verified by a technical safety test before the approval. In the case of buildings which, by their nature and purpose, affect the conditions of safe and smooth operation of the runway and railway transport, the Transport and Energy Building Office also provides for the introduction of test operations in the decision to permit the project. A condition for the issue of approval for the use of a national or regional railway construction is the issue of a runway licence, if required under § 49d or 49f. The test operation of a track structure other than national or regional may be initiated by the builder at the earliest after the licence of the designated technical equipment has been issued, if required by § 47. A railway licence or a designated technical installation shall be accompanied by an application for approval to use the track construction or ski lift, unless the competent Railway Authority is responsible for issuing the approval. The scope and conditions of the technical safety test and of the test operation shall be specified in the implementing regulation.

(2) In the decision authorising the project and in the approval decision, the construction office lays down the conditions for ensuring safe and smooth operation of the runway and its protection. If the construction is likely to prevent or interfere with the safe and smooth operation of the runway and its protection, and it is not possible to eliminate this risk by laying down the conditions set out in the first sentence, the construction office shall reject the application for approval of the project or the application for a approval decision.

Track protection zone

§ 8

(1) The track protection zone consists of a space on both sides of the runway whose boundaries are defined by a vertical surface

(a) for a national and regional runway 60 m from the axis of the extreme track, but at least 30 m from the boundary of the track,

(b) for a national track, built for a speed of more than 160 km / h, and for a test track 100 m from the centre of the track, but not less than 30 m from the boundary of the track,

(c) for a local track and a train 30 m from the centre of the extreme track;

(d) for a special track 30 m from the boundary of the track, for tunnels 35 m from the axis of the extreme track;

(e) for a rope track 10 m from the supporting rope, transport rope or centre line of the track;

(f) for the tram and trolleybus track, 30 m from the axis of the extreme track or overhead contact wire.

(2) A protection zone shall not be established for a road and train track in an enclosed area of an establishment or in the perimeter of a port.

§ 9

(1) In the railway protection zone, mining and mining activities may be carried out, the shooting range operated, explosives, hazardous waste storage and the establishment of light sources and coloured surfaces interchangeable with signs only with the consent of the railway administration and under the conditions laid down therein.

(2) Construction and non-construction projects may be carried out in the railway protection zone only on the basis of the authorisation of the relevant building authority (20). The permit is not required for small buildings under the building law and for buildings which do not require the permission of the project under the law on speeding up the construction of strategically important infrastructure. The structures referred to in the second sentence, with the exception of the structures referred to in points (d) to (f) of paragraph 1 of Annex 1 to the Construction Act, located within a distance of 15 m from the border of the national or regional railway track perimeter and which interfere with the protection zone of the technical infrastructure of the railway owner, may only be placed with his written consent. The owner of the track shall give his consent in accordance with the third sentence at the request of the builder. The consent may include conditions for the design and use of a small building. The owner of the runway shall not give written consent only if the construction would jeopardise the safe and smooth operation of the runway and its protection. If the railway owner does not give his consent, he may contact the relevant railway authority to examine the reasons for the refusal. The Railway Authority shall invite the railway owner to comment on the grounds for refusal of consent and shall assess whether the grounds for refusal of consent comply with the conditions laid down by this Law. The Railway Authority shall, when reviewing the consent, proceed mutatis mutandis in accordance with the administrative rules.

(3) The railway owner shall invite the constructor to remove the construction or construction modifications referred to in paragraph 2 and shall set a reasonable time limit for that purpose if the constructor:

(a) has not requested the written consent referred to in paragraph 2 before the construction began;

(b) has not complied with the conditions laid down therein; or

(c) he carried out the construction, although he was refused approval.

If the constructor does not remove the construction or make modifications within a specified time limit after the call has been received, the construction shall be deemed to have been carried out in contravention of the legislation and the owner of the railway can initiate the construction office procedure to remove the construction.

(4) The railway operator and the carrier shall be entitled to enter foreign land in the railway protection zone, where appropriate, on structures standing on it, for repair, maintenance and operation of the runway, for the removal of the consequences of accidents or damage to the runway, and for the removal of other obstacles to the operation of railway transport. In doing so, it is obliged to ensure that the use of the land or buildings standing on it is minimised and that no damage can be avoided through entry and activities. The exercise of these authorisations shall be limited to the necessary time and intensity. This provision is without prejudice to the right to compensation under the Civil Code.

(5) The railway operator and the carrier shall be entitled, in an emergency or in an urgent public interest, to operate the runway or to operate the runway for the necessary time and to use the property of the owner in the railway protection zone for compensation, unless otherwise possible.

(6) The owner of the immovable property adjacent to the tram or trolleybus track shall, where necessary for the necessary period of time, bear, for one-off payment, restrictions on the ownership of his immovable 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 this installation on foreign immovable property, place the immovable property at the end of the work in its original state and, if this is not possible, take account of the nature of the work carried out, into a state corresponding to the original purpose or use of the immovable property in question.

§ 10

Track protection

(1) Owners of real estate in the vicinity of the railway shall be obliged to suffer for the necessary measures to be taken on their land to prevent landslides, falling stones and avalanches, if such danger arises by construction or operation of the runway or by natural influences; where such a risk arises from the conduct of those owners, they shall be obliged to take the necessary measures for their cargo. The scope and manner of implementation of the necessary measures and who shall implement them shall be decided by the Railway Administration.

(2) The Railway Administration shall identify the sources of the obstacle to the runway and the sources of the interference of the line traffic on them. Where a threat source other than that referred to in paragraph 1 is ascertained, the railway administration shall order its operator or owner to remove the threat source. If the operator or owner of the source of the threat does not comply, the railway administration shall decide to remove the source of the threat at its cost.

(3) The railway operator shall have the right to remove and purge trees and other crops that threaten the safety or continuity of railway transport or the operability of the runway where, after prior notice by the railway operator, their owner has not done so within a reasonable period of time and to the extent set out in this notice. Trees and other crops which, when falling, may interfere with the track gauge are trees that threaten the safety or continuity of railway transport or the operational capacity of the runway.

(4) The railway operator shall, in the exercise of its right under paragraph 3, as far as possible conserve the rights of the owners and users of the properties concerned and notify them of their entry to their real estate in advance. At the end of the work he shall be obliged to put the property in its previous state and, if this is not possible due to the nature of the work carried out, to a state corresponding to its previous purpose or use. The railway operator shall also be obliged, at the request of the owner of the property concerned, to carry out the destruction of the culling and mining residues on its cargo.

(5) Where the owner or user of the property has been limited in the normal use of the property or in the event of damage due to the exercise of the right of the railway operator pursuant to paragraph 3, he shall be entitled to a reasonable one-off compensation; that right may be exercised with the railway operator within 2 years of the date on which the restriction or the occurrence of the damage occurred, otherwise the right shall cease.

§ 10a

Absence of operation and operation of the runway or part thereof

(1) At the request of the owner of the railway, the Railway Authority shall, or parts thereof, permit the interruption of its operation and its operation without its cancellation, unless such a runway or part thereof has been used to a minimum extent for a period of 2 years preceding the application. The minimum range of use of the runway or part thereof shall be that of at least 300 journeys per year for the transport of passengers or at least 12 trips per year for the transport of goods. For the period during which the operation of the runway or part thereof has been restricted by its operator, the period according to the first and second sentences shall be extended; This does not apply if such a runway or part thereof has not been used for at least 10 years preceding the application for carriage of passengers or goods.

(2) The owner of the track or part thereof, who intends to request the interruption of its operation and its operation, shall publish on his website, at least 3 months before the application is submitted, data on the extent of its use for a period of 2 years consecutive to that publication and, where appropriate, for that period extended in accordance with the third sentence of paragraph 1. If the railway owner or part thereof does not disclose this information, the Railway Administration shall not allow the interruption of its operation and its operation. The published data shall include:

(a) the identification of the runway or part thereof to which these data relate;

(b) the date of each train journey for the purpose of transporting passengers within a specified time period on that runway or part thereof and the train numbers given after each day; and

(c) the date of each journey of trains for the purpose of transporting goods within a specified time period on that runway or part thereof and the number of trains indicated after each day.

(3) The application shall include, in addition to the general requirements laid down in the administrative rules, the designation of the track or part thereof and its description, including the determination of the beginning and end of the track or part thereof, the points of contact of the track or part thereof. The application shall be accompanied by evidence demonstrating compliance with the conditions for authorising the interruption of the operation and operation of the track or part thereof, or, if local or publicly accessible trawl or part thereof, by an affidavit of the applicant that this condition is met.

(4) The Railway Administration shall request the binding opinion of the Ministry of Defence in the proceedings for the authorisation of the interruption of the operation and operation of the railway or part thereof and, if national, regional or local or part thereof, the binding opinion of the county and the municipality in whose territory the railway or part thereof is located.

(5) The disapproval of the Ministry of Defence may be given only if the State's defence is threatened by the interruption of the operation and operation of the runway or part thereof.

(6) The disapproval of the county or municipality may be given only if their transport service plan results from the territory in force on the date on which the application for authorisation to interrupt the operation and operation of the runway or part thereof, that the county or municipality on that runway or part thereof intends to provide transport services of at least 300 journeys per year for the purpose of transporting passengers and that the county or municipality, in a binding opinion, expresses an interest in providing transport services to that extent for a period of 5 years. The disapproval of the county or municipality may not be given if such an opinion concerning the same runway or part thereof has been issued by that county or by that municipality in an earlier procedure for the authorisation of the interruption of operation and operation of the runway or part thereof and within a period of 3 years before the date of the new application for authorisation for the interruption of operation and operation of the runway or part thereof has not been ensured by the use of the runway for at least 300 journeys per year for the purpose of transporting passengers for at least 1 year; This does not apply if a period of more than 10 years has elapsed since the date of the original binding opinion.

(7) A new request for authorisation to interrupt or operate a track or part of a track may be made not earlier than 3 years after the date of the legal authority of the decision rejecting the application for authorisation to interrupt or operate a track or part of it in respect of the same track or part of it because of the dissent opinion of the county or municipality.

§ 10b

Consequences of interruption and operation of the runway or part thereof

(1) The owner of the runway or part thereof whose operability and operation have been interrupted,

(a) ensure that at least the body, structure and equipment of its railway bottom are maintained; and

(b) fails to fulfil the obligations laid down in paragraphs 20 and 21.

(2) The runway or part thereof whose operation and operation have been interrupted may not be operated by rail. If there is a national or regional or publicly available train or part thereof,

(a) the date on which the decision authorising the interruption of its operation and the operation of the runway is taken is not allocated to it and the runway declaration is not processed in relation to it; and

(b) the legal effects of the decision authorising the interruption of its operation and its operation, with the exception of those referred to in (a), shall occur on the day following the expiry of the timetable for which the runway capacity has already been allocated.

(3) If it is a runway or part thereof whose operation and operation have been interrupted,

(a) gives consent to conduct an activity within the perimeter of a runway which is considered to be an undertaking, instead of its operator, its owner;

(b) Paragraph 4a shall not apply to access to the runway and to positions in the circumference of the runway;

(c) for the construction of the runway and the construction on that runway, Paragraph 5 (5) shall not apply;

(d) Paragraph 5a (3) shall not apply to the procedure of the owner of the technical equipment network in the event of an accident of the technical equipment network within the track perimeter; and

(e) Section 6 shall not apply to track crossing.

(4) The owner of the track or part thereof shall publish on his website a list of the runways or parts thereof whose operability and operation have been interrupted and shall update the data contained therein without undue delay.

§ 10c

Complaint to restore the operation and operation of the State-owned runway or part thereof

(1) The complaint for the restoration of the operation and operation of a runway owned by the State or part of it whose operation and operation have been interrupted may be lodged by the Ministry of Transport

(a) a region which intends to provide transport services

1. alone, or

2. a municipality situated in its territorial district; or

(b) organisations grouping carriers, if their member intends to operate railway services on them.

(2) The complaint must contain:

(a) an indication of the person submitting it;

(b) the identification of the runway or part thereof to which the complaint relates and its description, including the identification of its beginning and end; and

(c) the number of journeys planned per year, shown separately for the carriage of passengers and for the transport of goods, for a period of 5 years.

(3) The Ministry of Transport shall, without undue delay from the date of receipt of the initiative by the Railway Administration, invite the State Organisation to submit to it, within six months of the date of receipt of the call, a written assessment of the expected impacts of the intended restoration of operation and operation of the runway or part thereof, which shall include at least:

(a) the expected benefits and costs associated therewith; and

(b) the timetable for the work on the intended restoration of operation and operation of that runway or part thereof.

(4) The Ministry of Transport shall, within 1 month of the date of receipt of a written assessment of the intended impact of the intended restoration of operation and operation of the runway or part thereof, submit the complaint to the Government for consideration. If the Government agrees to restore the operation and operation of the runway or part thereof, it shall require the Minister of Transport to ensure that the Railway Administration's State Organisation makes an application for the renewal and operation of the railway infrastructure and shall set a reasonable time limit.

(5) A new impetus for the restoration of operation and operation of a runway or part thereof may be filed not earlier than 5 years after the date on which the Government has expressed its opposition to the restoration of operation and operation of the runway or part thereof relating to the same runway or part thereof.

§ 10d

Restoration of operation and operation of the runway or part thereof

(1) At the request of the railway owner or part thereof, the Railway Administration shall decide on the restoration of its operation and its operation, if the track or part thereof is fit for use. The application shall be accompanied by proof that the technical safety test has been carried out to certify compliance with this condition.

(2) In the decision to restore the operation and operation of the runway, or part thereof, the railway authority shall impose an obligation on the railway owner or part thereof to restore its operation in full and operate it and shall set a reasonable time limit for it to do so.

ČÁST TŘETÍ

REGULATION OF SPECIES OPERATIONS

Official authorisation

§ 11

(1) A legal or natural person may operate the runway on the basis of an official authorisation and, in the case of a national or regional railway operation, on the basis of a national and regional railway operator certificate (hereinafter referred to as "runway operator certificate"), if registered in the commercial register. (a)

(2) The railway operator's official authorisation and certificate are issued by the railway authority.

§ 12

An official authorisation may be issued provided that:

(a) the natural person and his / her responsible representative, if appointed, have reached the age of 21, are fully arbitrary, fair and competent; the applicant does not need to fulfil the professional competence requirement if it is satisfied by his / her responsible representative;

(b) the statutory body or a member of the statutory body of a legal person has reached the age of 21, is fully arbitrary, is fair and at least one member of the statutory body is competent;

(c) the applicant intending to operate the national and regional rail shall demonstrate the financial capacity to operate the runway (§ 14a).

§ 13

A person who has been convicted of a criminal offence committed negligently for conduct relating to a permitted activity or for an offence committed intentionally shall not be considered to be righteous under Paragraph 12.

§ 13a

For the purpose of verifying integrity, the Railway Administration shall request an extract from the Register of Penalties. An application for an extract and an extract from the record of the criminal record shall be sent in electronic form in a way that allows remote access. For the purpose of verifying integrity, the Railway Administration shall also be entitled to require a copy of the final decision from the court.

§ 14

The applicant shall demonstrate professional competence by evidence of completed higher education of economic or transport or technical or legal orientation and by evidence of performance of three years' experience in the management activity in the field of railway operation or by evidence of termination of full secondary vocational training in economic or transport or technical orientation and by evidence of performance of five years' experience in the management activity in the field of rail operation.

§ 14a

(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.

§ 15

(1) An application for an official authorisation shall contain:

Citation	Act No. 266 / 1994 Coll., on Railways
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	30.12.1994
Effective from	01.01.1995
Effective until	-
Status	Valid

Act No. 266 / 1994 Coll.

Railway Act

Contents