What is Act No. 319 / 2016 Coll.?

Act No. 319 / 2016 Coll., amending Act No. 266 / 1994 Coll., on Railways, as amended, and other related laws — Act amending Act No. 266 / 1994 Coll., on Railways, as amended, and other related laws.

When it became Act No. 319 / 2016 Coll. effectiveness?

Act No. 319 / 2016 Coll. became effective 01.04.2017.

Is Act No. 319 / 2016 Coll. still valid?

Yes, Act No. 319 / 2016 Coll. is still valid and effective.

How many times was it Act No. 319 / 2016 Coll. amended?

Act No. 319 / 2016 Coll. has 4 time versions of the text.

Act No. 319 / 2016 Coll. - Act amending Act No. 266 / 1994 Coll., o...

319

THE LAW

of 6 September 2016

amending Act No. 266 / 1994 Coll., on Railways, as amended, and other related laws

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment of the Railway Act

Čl. I

Act No. 266 / 1994 Coll., on Railways, as amended by Act No. 189 / 1999 Coll., Act No. 23 / 2000 Coll., Act No. 71 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 77 / 2002 Coll., Act No. 175 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 103 / 2004 Coll., Act No. 124 / 2008 Coll., Act No. 180 / 2014 Coll., Act No. 250 / 2014 Coll., Act No. 186 / 2006 Coll., Act No. 194 / 2006 Coll., Act No. 134 / 2011 Coll., Act No. 124 / 2008 Coll., Act No. 227 / 2009 Coll., Act No. 377 / 2009 Coll., Act No. 194 / 2010 Coll., Act No. 134 / 2011 Coll.

1. footnote 1 shall read:

"(1) Directive 2000 / 9 / EC of the European Parliament and of the Council of 20 March 2000 on cableway installations for the transport of persons. Directive 2004 / 49 / EC of the European Parliament and of the Council of 29 April 2004 on the safety of the Community's railways and amending Council Directive 95 / 18 / EC on the licensing of railway undertakings and Directive 2001 / 14 / EC on the allocation of railway infrastructure capacity, the charging of railway infrastructure and the issuing of safety certificates (Railway Safety Directive). Directive 2007 / 59 / EC of the European Parliament and of the Council of 23 October 2007 on the certification of train drivers operating motor vehicles and trains in the Community rail system. Directive 2008 / 57 / EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system within the Community. Commission Directive 2009 / 131 / EC of 16 October 2009 amending Annex VII to Directive 2008 / 57 / EC of the European Parliament and of the Council on the interoperability of the rail system within the Community. Directive 2012 / 34 / EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area. ';

2. In Paragraph 2 (8), the words "under the Commercial Code 'are deleted and the words" whose business or organisational component of an enterprise located in the Czech Republic is registered' are replaced by the words "has a fissile plant in the Czech Republic '.

3. In Article 2, paragraphs 9 to 12 are added:

"(9) The provision of services shall be understood as railway stations, weaning tracks, service stations and other technical facilities which serve to provide services directly related to the operation of railway services on a national, regional or public railway track.

(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) A Member State means a Member State of the European Union and another Contracting State of the Agreement on the European Economic Area. "

4. in Article 3 (1), the following point (c) is inserted after point (b):

"(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 using a special technical device or where it serves exclusively the operation of non-public passenger rail transport, passenger rail transport for tourism purposes or operated by historical trains, ';

Points (c) to (d) shall be renumbered (d) to (e).

5. in Article 3 (1), the following point (e) is inserted after point (d):

"(e) a test track which is a track which is used in particular to carry out the test operation of railway vehicles or type approval tests or to change the type of railway vehicles and railway infrastructure;"

Point (e) shall be renumbered as point (f).

6. In Paragraph 4a, the following paragraph 3 is inserted after paragraph 2:

"(3) The level access routes to the platform shall be accessible to the public, with the exception of track crossings, 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 heard of an approaching runway vehicle crossing the track crossing;

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

The technical methods of the track-crossing warning device shall be laid down in an implementing regulation. ';

7. In Article 5, the following sentence is added at the end of paragraph 1: "Railway construction is not part of the land. The construction of a national, regional, tram, trolleybus or special rail is of public benefit."

8. In Article 5, the following paragraphs 2 and 3 are inserted after paragraph 1:

"(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 land or construction required for the construction of a national or regional railway is restricted by contract and the valuation of this limitation set by the expert's assessment is less than CZK 1,000, a payment of CZK 1,000 is agreed. "

Paragraphs 2 to 4 shall be renumbered paragraphs 4 to 6.

9. in Article 8 (1) (b), the words "and, for the test track," shall be inserted after the words "160 km / h."

10. in Article 8 (1) (c), the words "in the case of a tractor" shall be replaced by the words "in the case of a local track and a train."

11. in Article 9 (3) and (4), the word "property" is replaced by "immovable property."

12. in Articles 9 (4) and 10 (1), the word "real estate" is replaced by "real estate."

13. in Article 12 (a) and (b), the words "competent for legal action" shall be replaced by "fully arbitrary."

14.

„§ 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. '.

footnote 5b is deleted.

15. In Article 16, at the end of paragraph 2, the sentence "The Railway Administration shall, in the decision to issue an official authorisation for the test track referred to in Article 3 (1) (e), determine the conditions under which the test operation of the track vehicles or tests for type approval or changes to the type of track vehicles and track infrastructure may be operated on that track. ';

16. in Article 22 (1), the comma at the end of point (f) is replaced by a dot and point (g) is deleted;

17. the following Section 22a is inserted after Section 22:

„§ 22a

(1) The lift is publicly accessible if:

(a) is not part of an area used in the mining, processing or energy industries;

(b) it does not serve exclusively the needs of its owner or other person, and more than one carrier operates rail services on it;

(c) its main purpose is to connect service facilities to national and regional routes.

(2) The operator of non-publicly accessible trawls shall allow the carrier, in a non-discriminatory manner at a price agreed under price regulations, to use the trawl or part thereof for access

(a) to another route, where the train or part of it serves as a connection between two or more different owners;

(b) a service facility, if it is a tractor referred to in paragraph 1 (c); or

(c) another facility or handling site the owner or operator of which is different from the owner or the tractor operator.

(3) The trawl operator shall communicate an indication of its inaccessibility, including the justification of the Authority for access to the transport infrastructure (hereinafter referred to as "the Authority '), and publish it in a way that allows remote access within 10 working days of the date on which the event occurred. Where the Authority concludes that the condition for the exclusion of the public access of a tractor referred to in paragraph 1 (a), (b) or (c) is not met, it shall, on its own, require the official operators of the towed vehicle to operate it publicly.

(4) The Office, at the request of a carrier to which the operator has refused, in whole or in part, the use of the tractor in breach of paragraph 2, shall require the tractor operator to conclude with the carrier a contract allowing the use of the tractor. The application may be lodged within 30 days of the date on which the use of the train was refused. '

18.

„§ 23

(1) In addition to the obligations referred to in § 22 (1) and (2), the railway operator of a national or regional or publicly accessible train shall:

(a) to allow carriers to use allocated runway capacity, at least by providing services related to the use of the runway and services related to the operation of the track-side train vehicles; the minimum scope and content of such services are laid down in implementing legislation,

(b) provide carriers with non-discriminatory access to the services they provide;

(c) negotiate the price for the use of the runway and for the allocation of its capacity in a non-discriminatory manner;

(d) allow a carrier which fulfils the conditions for the operation of railway services under this Act to operate railway services at a price agreed under price regulations;

(e) allow the carrier to use the runway for the necessary time for the discovery of a non-passable section of the runway, if this non-mobility was caused by a natural event or accident;

(f) keep a list of the installations and parts thereof; the list shall include at least a technical and operational description of the runway and its components, the technical and operational state of the runway and its components, the data on the ongoing reconstruction of the runway and its components, and the amount of funds spent on the reconstruction;

(g) to process the method of determining the costs which it incurs in the provision of individual services to carriers and the method of assigning these costs to each service.

(2) A national or regional or publicly available railway operator shall adopt a business plan containing at least the following information:

(a) the intended scope of the activity and the method of its financial collateral;

(b) the technical nature of the runway operated by it and its capacity; and

(c) the conditions for access to the runway operated by it.

(3) Prior to the adoption of a business plan, the railway operator of a national or regional or publicly accessible train shall publish the data referred to in points (b) and (c) of paragraph 2 and the data on the planned development of the operated runway in a way that allows remote access. Any person may make reasoned comments on such data. To that end, the railway operator shall set a reasonable time limit which it shall notify together with the disclosure of the data.

(4) The contract for the operation of railway services on a national or regional track or on a public railway train must include arrangements for:

(a) the price for use of the runway;

(b) penalty payments for disrupting the operation of railway services caused by the railway operator or carrier;

(c) the method of reporting the creation, causes and duration of the disruption of rail traffic between the parties to the contract;

(d) an impartial way of resolving out-of-court disputes between the parties to the contract concerning penalty payments for disrupting the operation of railway transport; the period within which the dispute is to be settled shall be 10 working days.

(5) If the runway or part thereof has been declared to be overloaded, the runway operator shall, within six months of the date of this declaration, process an analysis of the capacity of the runway concerned, indicating the identified reasons for the congestion and proposing measures to mitigate or eliminate congestion. When processing the analysis, the railway operator shall take into account at least the technical and operational characteristics of the overloaded runway and the type and intensity of the runways operated. The measures to mitigate or eliminate congestion are consistent with the identified causes of congestion and include, in particular, proposals to change the timetable, change the speed of the runway or the construction of the runway.

(6) The runway operator shall, within 6 months of the date of processing of the runway capacity analysis, adopt a plan to mitigate or eliminate track congestion. The draft plan shall be discussed with the railway hauliers operating on the runway concerned and also, if the runway is operated on the runway concerned under a public passenger transport service contract, with the county where the runway is located and with the Ministry of Transport. If the plan is accepted, the railway operator shall not be obliged to carry out further analysis when the runway concerned is re-declared to be overloaded. The runway operator shall process the track capacity analysis and adopt a plan on the basis of it also in the event that the track overload or part thereof is imminent.

(7) A runway operator declared to be overloaded shall invite, in accordance with the rules contained in the runway declaration of the carrier using that runway or part of it to surrender its allocated runway capacity if:

(a) does not make full use of the allocated congestion capacity within at least one month; and

(b) this is due to the management of the carrier or to other reasons which the carrier may have had an influence on.

(8) The categories of causes of disruption in the operation of railway transport, the minimum range of data transmitted on its reporting between the parties to the contract for the operation of railway transport on a national or regional track or on a publicly available tractor and the content of the plan to eliminate the causes of the congestion of the runway are laid down in the implementing legislation. "

footnote 6 is deleted.

19. Article 23b and 23c, including the title, read:

„§ 23b

Track operating restrictions

(1) The railway operator shall be entitled to restrict the operation of the runway or part thereof to a period of time strictly necessary and to the extent necessary for:

(a) carrying out maintenance or repair activities;

(b) carrying out activities related to the construction of a runway, or on a runway or other activities that threaten the safety or continuity of railway transport on the runway; or

(c) the disruption of the operational capability of the runway by natural or exceptional events and the conduct of activities related to the restoration of operational capacity.

(2) Where possible, taking into account the purpose of the activities referred to in paragraph 1 and the nature of the runway, the railway operator shall carry out those activities in such a way that the operation of the runway traffic

(a) it is not restricted; to this end, the railway operator shall make priority use of the runway capacity reserved for these activities in the runway declaration; or

(b) be limited to the period strictly necessary and to the extent strictly necessary, unless it is possible to comply with point (a).

(3) The railway operator shall prepare a proposal for a plan to restrict the operation of the runway or part thereof in order to carry out activities related to the maintenance or repair of the runway and activities related to the construction of the runway or on the runway or other activities threatening the safety or continuity of the runway when the expected duration of the limitation exceeds 24 hours. The draft plan shall include at least a definition of the time period for which the plan is drawn up, the number, location and expected duration of the individual restrictions on the operation of the runway and their reasons and the estimated extent of the restriction on the operation of the runway.

(4) The railway operator shall consult the railway operator with the railway owner, the carriers operating the runway concerned and the applicants for the allocation of capacity on that runway. Where runway capacity is allocated, the railway operator shall also discuss the plan design with the allocation person (hereinafter referred to as "allocation '), if different from the operator. The railway operator shall discuss with the region in whose territory the runway or part thereof affected by the restrictions and with the Ministry of Transport a draft plan with regard to its effects on transport under the public passenger transport service contract. The staff member of the Office shall be entitled to be present when discussing the draft plan.

(5) If the railway operator fails to agree with all or part of the carriers concerned on the scope of the changes and restrictions to the runway operated, the railway operator shall propose the scope of the changes and restrictions even without agreement. It shall act in such a way that the adverse effects of changes and restrictions on rail transport for individual carriers do not exceed a reasonable level and shall justify this proposal. To this end, the railway operator shall be entitled to propose the combination of two or more trains of one carrier.

§ 23c

(1) The draft plan shall be approved by the Authority, at the request of the railway operator, after consulting the railway operator, on the restriction of the operation of the railway. The application shall be accompanied by a proposal for a plan to limit the operation of the runway or part thereof, an agreement with individual carriers, if any.

(2) The Authority will approve the draft plan for limiting the operation of the runway or parts thereof if the requirements of Paragraph 23b are met.

(3) The operator may limit the operation of the runway or part of it for the purpose of carrying out activities that are not included in the approved restriction plan only if the activities related to:

(a) by renewing the operational capacity of the runway after it has been disrupted by natural or exceptional events;

(b) maintenance or repair of the runway, provided that the expected duration does not exceed 24 hours or does not result in a restriction on the operation of the runway; or

(c) maintenance or repair of the runway, if the conditions laid down in (b) are not met, but the execution of such activities cannot be delayed.

(4) The railway operator shall notify the carrier, the owner and the Authority without undue delay of the restriction referred to in paragraph 3. The notification shall state the reasons and the estimated duration of the restriction. If the conditions laid down in paragraph 3 are not complied with, the Authority shall require the runway operator to resume operation of the runway and fix a reasonable period for that purpose.

(5) Paragraphs 1, 2 and 23b (4) and (5) shall apply mutatis mutandis to changes to the track traffic limitation plan or part thereof. ';

20. the following Part Four is inserted after Part Three:

„ČÁST ČTVRTÁ

OPERATING SERVICES EQUIPMENT

§ 23d

(1) The operator of the service facility shall provide the carriers with services directly related to the operation of railway transport in a non-discriminatory manner at a price agreed under price regulations. The price of services directly related to the operation of railway transport shall not be discriminatory; where the supply of traction electricity is concerned, the operator of the service facility shall also take into account, when designing the price, the mode of operation of the railway transport, in particular the speed of the journey and the frequency of stopping the train vehicles.

(2) The operator of the service facility shall make available to the appropriate infrastructure capacity allocation at least 60 days before the date of publication of the runway declaration

(a) the price of the services provided;

(b) the conditions for the provision of services; and

(c) the price for the use of the train used to connect the service facility to another runway, if it is the operator of the train.

(3) The service facility operator shall provide these services without undue delay and at a time corresponding to their nature and objectives. An operator of a service facility may refuse the provision of such services only if:

(a) if the same service can be provided by the carrier in another service facility;

1. without prejudice to the use of runway capacity allocated to this carrier, or to an increase in its costs; and

2. the operator of another service facility shall provide the service to the extent required; or

(b) if it cannot provide such services, even to a limited extent or at a time other than the required, on the grounds of:

1. the performance of the operational volume of the service facility; or

2. Contrary to the requirement to provide services with technical or operational conditions of service.

(4) At the request of the operator of the service facility to whom the provision of such services has been refused in whole or in part in breach of this law, the Authority shall require the operator of the service facility to conclude a contract with the applicant allowing such services to be provided at least to a limited extent or at a time other than the required. The request may be made within 30 days of the date on which the supply of services was refused.

(5) The breakdown of service facilities and their operational components is laid down in the implementing legislation.

§ 23e

Where the carrier provides the owner of a service facility which has not been operated for at least 2 years with the need to provide services through that facility, the owner shall ensure that it is operated within a reasonable period of time. This does not apply if the owner

(a) make adjustments to service facilities preventing its use for the provision of services; or

(b) it has not found the operator of the service facility either through a public tender or a tender for the most appropriate tender for the operation of the service facility.

§ 23f

(1) A carrier having a dominant position on the rail passenger or freight market and being controlled at the same time by a service facility operator or such operator shall ensure that such services are provided through a branch and separate accounting is carried out on their provision. Where such an operator of a service facility withdraws its provision, it shall notify the interested party in writing, stating the reasons and, where appropriate, indicating the operator who may provide the same service under the conditions laid down by this law.

(2) The facilities of the services the operation of which is subject to the obligation under paragraph 1 are:

(a) railway stations;

(b) weaning tracks;

(c) service stations;

(d) technical installations in ports.

§ 23g

(1) Paragraphs 23d (3) and (4), 23e and 23f shall not apply to the provision of ancillary and ancillary services. Paragraph 23d (1) and (2) shall not apply to the provision of ancillary services where the operator of the service facility uses them solely for its own use.

(2) Supplementary services are:

(a) supply of traction electricity;

(b) the pre-heating of a groove vehicle intended for the carriage of persons;

(c) services related to the transport of dangerous goods or to the operation of a train vehicle showing specific operational technical characteristics.

(3) Auxiliary services

(a) the provision of information related to the operation of railway transport;

(b) access to telecommunications networks;

(c) technical inspection of the groove vehicle;

(d) the sale of travel and transport documents;

(e) maintenance of railway vehicles showing specific operational technical characteristics. ';

Parts four to nine shall be referred to as parts five to ten.

21. In Paragraph 24, paragraphs 5 to 8 are deleted.

22. The following Section 24a is inserted after Section 24, including footnote 13:

„§ 24a

(1) A national or regional rail transport operator may:

(a) is established:

1. in a Member State, where the operation of cross-border passenger rail transport or freight rail transport is concerned; or

2. on the territory of the Czech Republic, if it is about the operation of other railway transport,

(b) holds a valid licence and certificate of the carrier;

(c) it has an infrastructure capacity allocated; and

(d) it has a contract with the railway operator on the operation of railway transport, unless it is identical with the railway operator.

(2) To operate railway services on a local, special, tram or trolleybus track or a tractor, a carrier may:

(a) is established:

1. in a Member State, if it is for the operation of rail freight services; or

2. on the territory of the Czech Republic, if it is to operate passenger rail transport,

(b) holds a valid licence;

(c) it has the infrastructure capacity allocated, if the train is publicly accessible; and

(d) it has a contract with the railway operator on the operation of railway transport, unless it is identical with the railway operator.

(3) A special, tram, trolleybus or rope operator may operate railway services on the runway.

(4) The holder of a valid licence to operate railway services on a national or regional track may also operate railway services on a local or railway track. The holder of a valid licence may also operate railway services on a national or regional track on a local or trawler track, if the place of contact is one of the inner tracks.

(5) A valid licence for the operation of railway services on a national and regional track is also a valid licence issued by a competent authority of another Member State in accordance with the European Union Regulation establishing a single railway room13).

13) Directive 2012 / 34 / EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area. ';

23. Sections 25 and 26, including the headings, read:

„§ 25

Granting authorisation to operate railway transport

(1) At the request of the Railway Authority, the Railway Authority shall grant an authorisation to operate railway services on a national and regional track where the applicant:

(a) is over 18 years of age and fully independent if it is a natural person,

(b) is righteous;

(c) is competent;

(d) is financially eligible;

(e) has not seriously infringed labour law;

(f) it has not seriously infringed customs legislation when it comes to authorisation to carry out freight services;

(g) is insured on the date of the start of the rail transport operation in the event of an obligation to compensate for damage caused by that operation; and

(h) is established on the territory of the Czech Republic.

(2) At the request of the Railway Authority, the Railway Authority shall grant authorisation to operate railway services on a local, special, tramway or trolleybus track or on a tractor if the applicant fulfils the conditions referred to in points (a) to (c) and (h) of paragraph 1. If the applicant is a special, tram or trolleybus operator for authorisation to operate railway services on a runway, these conditions shall be deemed to be met.

Citation	Act No. 319 / 2016 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	03.10.2016
Effective from	01.04.2017
Effective until	-
Status	Valid

Act No. 319 / 2016 Coll.

Act amending Act No. 266 / 1994 Coll., on Railways, as amended, and other related laws

Contents