Act No. 303 / 2023 Coll.
Act amending Act No. 266 / 1994 Coll., on Railways, as amended, and other related laws
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Law
Effective from 01.11.2023
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303
THE LAW
of 12 September 2023
amending Act No. 266 / 1994 Coll., on Railways, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Railway Act
Act No. 5 / 2017, Act No. 6 / 1994 Coll., on Railways, as amended by Act No 189 / 1999 Coll., Act No. 23 / 2000 Coll., Act No. 71 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 77 / 2002 Coll., Act No. 180 / 2014 Coll., Act No. 250 / 2017 Coll., Act No. 144 / 2002 Coll., Act No. 175 / 2002 Coll., Act No. 134 / 2002 Coll., Act No. 103 / 2004 Coll., Act No. 124 / 2008 Coll., Act No. 227 / 2009 Coll.
1. In footnote 1a, the sentence "Regulation (EC) No 1371 / 2007 of the European Parliament and of the Council of 23 October 2007 on the rights and obligations of rail passengers' is deleted.
2. At the end of footnote 1a, the sentence "Regulation (EU) 2021 / 782 of the European Parliament and of the Council of 29 April 2021 on the rights and obligations of rail passengers shall be added to the separate line. '
3. In Paragraph 4a (1), "authorisation 'is replaced by" consent'.
4. After Paragraph 10, the following Sections 10a to 10d are inserted:
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.
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.
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.
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 renew its operation in full and operate it and shall set a reasonable time limit for it to do so. ';
6. In Article 17, at the end of paragraph 3, the sentence "The Railway Administration shall also decide to amend the official authorisation issued to the railway operator on its own initiative if:
(a) allow for interruption and operation of the runway operated by it or part thereof; and
(b) an official authorisation issued to that operator shall not apply only to the runway or part thereof to which the authorisation of the interruption of operation and operation relates. ';
7. In Paragraph 18, at the end of paragraph 2, the dot is replaced by a comma and the following point (f) is added:
"(f) the date on which the legal effects of the decision authorising the interruption of the operation and operation of that runway or part thereof occurred, provided that the official authorisation relates only to the runway or part thereof to which the authorisation of the interruption of operation and operation relates."
8. In Section 23c, the following paragraph 7 is added:
"(7) The rail operator of national or regional or publicly accessible trawls, or parts thereof, which intends to restrict their operation, shall also comply with the provisions of the European Union Regulation governing the details of the timetable of the allocation of 43).
(43) Commission Delegated Decision (EU) 2017 / 2075 of 4 September 2017 replacing Annex VII to Directive 2012 / 34 / EU of the European Parliament and of the Council on the establishment of a single European railway area. ';
9. In Article 23f (1), the first sentence is replaced by the following: "The carrier which has a dominant position on the rail passenger or freight market and which is at the same time an operator of a railway station, a storage facility, a service station or a technical facility in a port or an operator of such a service facility shall ensure that the provision of services through that service facility takes place within a branch. '
10.Paragraph 23f (2) reads as follows:
"(2) A carrier which has a dominant position on the rail passenger or freight market and which is also controlled by a service facility operator or such operator shall ensure that separate accounting is carried out for the provision of services through that facility. ';
11. in Paragraph 35 (3):
"(3) The carrier operating rail passenger services pursuant to the directly applicable European Union regulation governing the rights and obligations of rail passengers shall, without undue delay, provide this report to the European Union Railway Agency after publication of the quality report of the services provided under this directly applicable regulation. ';
footnote 6h is deleted.
12. Footnote 17 reads:
"(17) Regulation (EU) 2021 / 782 of the European Parliament and of the Council."
13. in Paragraph 36 (1) (a), the words "in the Transport and Tariff Bulletin" shall be deleted;
14. in Article 36 (1) (d):
"(d) to allow a passenger to purchase a travel or transport document after boarding a train operating on a rail other than a special or a test track, without paying additional costs, unless it was possible to purchase the document otherwise than by remote access before boarding the train,";
15. in Article 36 (1) (i), the word "transport17)" is replaced by "transport17";
16. § 36a reads:
(1) For the operation of passenger rail transport by an historic railway vehicle or a passenger rail transport, the purpose of which is to make the journey and not to satisfy the transport needs, the directly applicable European Union regulation governing the rights and obligations of railway passengers shall not apply to the extent that this directly applicable regulation allows it.
(2) For rail passenger services the essential part of which includes at least 1 railway station or timetable stop is carried out outside the territory of a Member State, the directly applicable European Union regulation governing the rights and obligations of railway passengers shall not apply; That doesn't apply.
(a) if the starting railway station or the stop of such a connection is in the territory of a Member State; or
(b) if such a part of the link covers only the territory of the Swiss Confederation.
(3) By 30 June 2026, the notification of the need for assistance to a disabled person or to have reduced mobility at a railway station or on a train pursuant to the directly applicable European Union regulations governing the rights and obligations of passengers on rail transport17 shall be made at least 36 hours in advance. ';
17. in Article 42c (1), the words "separation plants" are replaced by "branches."
18. in Paragraph 42c (2):
"(2) The head of the branch of the railway operator referred to in paragraph 1, the object of which is the operation of the railway, shall not be the person who is the manager of the branch whose activity is the operation of the railway transport. ';
19. in Article 42c (3) (a), the words "the fissile plant whose business" shall be replaced by the words "the branch whose business."
20. in Paragraph 42c (3) (b), the words "the split plant of the same railway operator whose activities" shall be replaced by the words "the branch of the same railway operator whose activities it is."
21. in Paragraph 42c (3) (d), the words "the split plant whose object is the operation of the runway is not accepted" shall not be replaced by the words "the branch whose object is the operation of the runway is not accepted."
22. in Paragraph 42c (3) (e), the words "split-off plant whose activities" shall be replaced by the words "branch whose activities" and the word "this" shall be replaced by "other."
23. In Paragraph 45 (2), the last sentence is replaced by the following: "The applicant for a licence to drive a train vehicle may be subjected to the test
(a) on a local, tram, special or cable track, or on a train which:
1. has reached the prescribed age and education,
2. it is reliable to drive a groove vehicle;
3. demonstrate its medical fitness; and
4. has completed prescribed teaching and training; or
(b) on a trolleybus track which:
1. holds a category D driving licence; and
2. has completed prescribed teaching and training. ';
24. In Paragraph 45, the following paragraph 6 is inserted after paragraph 5:
"(6) The medical examination of a person driving a railway vehicle on a trolleybus track shall not be directed by the Railway Administration. ';
Paragraphs 6 and 7 shall be renumbered paragraphs 7 and 8.
25. In § 46q, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The railway administration shall provide the information referred to in Article 35 (2) (p) concerning the holder of the driver's certificate at the request of the carrier which issued the certificate. ';
26. in the third sentence of Article 49j (2), the words "holder of an authorisation of a vehicle type" shall be replaced by the words "applicant for authorisation to place a groove vehicle or series of vehicles on the market."
27. in Articles 50 (2) and 51 (2), the following points (a) to (c) are inserted:
"(a) contrary to Article 10b (1) (a), it shall not ensure the conservation of the body, structure or equipment of the railway underrun or part thereof;
(b) in contravention of Paragraph 10b (4), not publish a list of runways or parts thereof whose operation and operation have been interrupted or does not update the data contained therein without undue delay;
(c) in contravention of Paragraph 10d (2), fails to fulfil the obligation to restore the operation or operation of the runway or part thereof within the prescribed time limit; ';
Points (a) and (b) shall be renumbered points (d) and (e).
28. in Paragraph 50 (6) (e), the words "or paragraph 2 (b)" shall be inserted after the words "or (k)."
29. in Paragraph 50 (6) (f), the words "or paragraphs 2 or 3" shall be replaced by "paragraphs 2 (a), (c), (d) or (e) or 3";
30. in Article 51 (4) (g), the words "or 7" shall be inserted after the words "or Article 23c (3)."
31. in Article 51 (4) (v), the words "split plants" are replaced by "branches" and the words "split plants" are replaced by "branches."
32. in Paragraph 51 (7), the words "or shall not take measures to prevent them" shall be added at the end of the text in point (g).
33.In Paragraph 51 (7) (h):
"(h) does not remove, in accordance with Paragraph 49 (3) (e), the deficiencies identified in the event of an incident, their causes or harmful consequences; or"
34. in Paragraph 51 (9), the word "or" shall be deleted at the end of point (a).
35. in Article 51 (9) (b), the text "Article 23f" is replaced by the text "Article 23f (1)" and the words "the services were provided through a branch and separate accounting was provided" are replaced by the words "the services provided through a service facility were provided within a branch."
36. In Paragraph 51, at the end of paragraph 9, the dot is replaced by "or 'and the following point (c) is added:
"(c) contrary to Article 23f (2), it shall not ensure that separate accounting is carried out for the provision of services through service facilities.";
37. in Paragraph 51 (10) (d), the words "paragraph 2 (b)" shall be inserted after the words "or (y)."
38. in Paragraph 51 (10) (e), "paragraphs 2 or 3" shall be replaced by "paragraphs 2 (a), (c), (d) or (e), 3."
39. in Paragraph 52 (1), the following point (g) is inserted after point (f):
"(g) in contravention of Paragraph 35 (3), it shall not provide a timely report on the quality of the services provided to the European Union Railway Agency."
Points (g) to (l) shall be renumbered as points (h) to (m).
40. in Paragraph 52 (3), the following point (a) is inserted:
"(a) in contravention of Paragraph 36 (1) (d), it shall not allow a passenger to purchase a travel or transport document after boarding the train without paying additional costs,";
Points (a) to (g) shall be renumbered (b) to (h).
41.Paragraph 52 (6) reads as follows:
"(6) A legal or commercial natural person commits an offence in contravention of the directly applicable European Union law governing the rights and obligations of rail passengers (17), as follows:
(a) the carrier:
1. does not ensure the sale of travel or transport documents in a specified manner;
2. shall not ensure that its transport conditions or the transport documents sold to it have a specified content;
3. do not allow a passenger to carry luggage, animal or vehicle, baggage, animal or vehicle to be issued or to indicate the date and time at which it was requested to be issued, in the transport document or to allow any other handling of the baggage, animal or vehicle;
4. not make a record of the loss or damage to the luggage or vehicle carried in good time, with the content specified, or transmit it to the authorised person;
5. does not allow a passenger to carry a bicycle or make a reservation for such a carriage, or in such a case does not provide redirection or provide compensation, compensation or assistance under this directly applicable regulation;
6. Not to publish the conditions for the transport of bicycles, including up-to-date information on the availability of capacity for the transport of bicycles, using the specified means on its website,
7. does not ensure that the vehicles operated by it are equipped with a specified number of seats for bicycles;
8. Not to publish in due time or in a specified manner information on the cancellation of the train included in the timetable,
9. It shall not take the necessary measures in the event of an expected delay in the connection or, in such a case, it shall not reimburse the passenger's costs associated with the use of another carrier at the specified level;
10. providing redirection in the event of expected delay of the connection does not provide a disabled person or reduced mobility or accessibility comparable to the terms of the original transport contract;
11. does not, in the event of a delay in connection with the service, provide compensation to the passenger in due time, at the level specified or in the manner specified, or assist him in claiming such compensation;
12. does not introduce rules for determining delays and calculating compensation for passengers holding a time ticket in the event of delays or delays;
13. does not offer the passenger free refreshment, accommodation or transport in the specified range or manner in the event of delay or a public service obligation;
14. does not confirm the missing connection or the connection,
15. does not provide the passenger with a replacement service in the event of interruption of transport or take the necessary measures in such a case;
16. does not provide an advance payment on compensation in the event of the death or injury of the passenger in due time or at a fixed minimum rate;
17. does not make all the necessary efforts to help a passenger claim compensation from a third party;
18. does not provide any other carrier, ticket vendor, travel agency operator or travel agency operator with access to travel information or reservation system in a timely or specified manner;
19. Not to establish the quality standards for passenger transport services, to monitor the quality of the services provided to it or to establish a quality management system; or
20. Not to publish a report on the quality of the services provided in a timely or established manner,
(b) the railway operator shall not transmit in a specified manner the information relating to the arrival or departure of the train to the carrier, ticket sellers, travel agent operators, travel agency operators or railway station operators;
(c) the railway station operator does not establish or monitor the quality of the services provided to it,
(d) the ticket vendor, the travel agent or the travel agency operator shall not provide the passenger with compensation or compensation of a specified amount in due time in the event of a delay in the connection;
(e) carrier or railway station operator
1. does not establish or maintain in a specified manner non-discriminatory rules for access to the transport of persons with disabilities, guides to the holders of the licence of a person with disabilities marked with the symbol "ZTP / P" and persons with reduced mobility,
2. does not provide assistance in a railway station or train to a person with disabilities or reduced mobility;
3. in the event of loss or damage of equipment or equipment, or in the event of loss or injury of the guide or assistance dog to a person with disabilities or reduced mobility, it shall not give temporary compensation to a person with disabilities or reduced mobility in due time or, in such a case, it shall not compensate at the level specified;
4. does not ensure that a designated staff member is trained in the needs of persons with disabilities or with reduced mobility; or
5. Not to establish a system for handling complaints concerning the rights and obligations of passengers, to deal with a complaint received in a timely or established manner or to retain data relating to the handling of complaints received;
(f) carrier, ticket seller, travel agent or travel agency operator
1. discriminates in terms of terms and conditions of carriage, fare or reservation of a passenger on the basis of his nationality or on the basis of the place of establishment of the carrier, ticket vendor, travel agency operator or travel agency operator in a Member State;
2. does not offer, in specified cases, travel or transport documents,
3. Refuses to accept a reservation or not to issue a travel or transport document to a person with disabilities or reduced mobility, requires additional costs to be paid in connection with the acceptance of a reservation or the issue of a travel or transport document or requires such person to be accompanied by another person; or
4. does not make appropriate efforts, in the event of refusal to accept a reservation, the absence of a travel or transport document or the requirement to accompany a person with disabilities or with reduced mobility to propose an acceptable replacement for that person; or
(g) carrier, railway station operator, ticket vendor, travel agency operator or travel agency operator
1. does not provide or make available to the passenger information in time, to the extent or in the manner specified; or
2. It shall not introduce or accept the necessary measures for receiving or accepting notifications of persons with disabilities or with reduced mobility of assistance at a railway station or on a train. ';
42. In Paragraph 52 (14) (b), "paragraph 1 (b), (h) or (i)" is replaced by "paragraph 1 (b), (g), (i) or (j)" and "paragraph 3 (a), (b), (c), (d), (e) or (g)" is replaced by "paragraph 3 (a), (b), (c), (d), (e), (f) or (h)."
43. In Paragraph 52 (14) (c), "paragraph 1 (a), (c), (d), (e), (f), (g), (j), (k) or (l)" is replaced by "paragraph 1 (a), (c), (d), (e), (f), (h), (k), (l) or (m)" and "paragraph 3 (f)" is replaced by "paragraph 3 (g)."
44. in Article 55 (3), the word "transport17)" is replaced by "transport17";
45. in Paragraph 66 (1), "Paragraph 45 (7)" is replaced by "Paragraph 45 (8)."
Amendment to the Consumer Protection Act
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Regulation Information
| Citation | Act No. 303 / 2023 Coll., amending Act No. 266 / 1994 Coll., on Railways, as amended, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 06.10.2023 |
|---|---|
| Effective from | 01.11.2023 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 332
The regulation text is for informational purposes only.
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