Act No. 377 / 2009 Coll.
Act amending Act No. 266 / 1994 Coll., on Railways, as amended
Valid
Law
Effective from 03.12.2009
Text versions:
03.12.2009
30.10.2009
377
THE LAW
of 7 October 2009
amending Act No. 266 / 1994 Coll., on Railways, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 266 / 1994 Coll., on Railways, as amended by Act No. 189 / 1999 Coll., Act No. 23 / 2000 Coll., Act No. 71 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 77 / 2002 Coll., Act No. 103 / 2004 Coll., Act No. 144 / 2002 Coll., Act No. 175 / 2002 Coll., Act No. 309 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 296 / 2007 Coll., Act No. 124 / 2008 Coll. and Act No. 227 / 2009 Coll., is amended as follows:
1. in Article 1 (1), "the words" shall be inserted after the word "social1"; it shall also be followed by the directly applicable regulation of the European Community1a ";
footnote 1a is replaced by the following:
"(1a) 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."
Footnotes 1a to 1d shall be renumbered as footnotes 1b to 1e, including the footnotes.
2. In Paragraph 35, the following paragraph 3 is inserted after paragraph 2, including footnote 6h:
"(3) Furthermore, a carrier operating public rail passenger services on a national or regional rail shall publish, by 30 June of the calendar year, a report on the quality of the services provided for the previous calendar year (6h) and provide it to the European Railway Agency.
(6h) Article 28 of Regulation (EC) No 1371 / 2007 of the European Parliament and of the Council. '
Paragraph 3 shall become paragraph 4.
Footnotes 6h and 6i are referred to as footnotes 6i and 6j, including the footnotes.
3. The following Section 36a is inserted after Section 36:
Until 3 December 2014, Article 8, 10, 17, 18 (2) (a) and (b) and Article 18 (3) of Regulation (EC) of the European Parliament and of the Council of 23 October 2007 on the rights and obligations of railway passengers, and Article 7 (2) (b), Article 17 (2) (b), Article 24 (3) (b) and Article 32 of Annex No 1 and Annex 2 to this Regulation, shall not apply. ';
4. In Paragraph 52, the following paragraph 6 is inserted after paragraph 5:
"(6) A natural person, whether legal or legal, commits an administrative offence by contravening the directly applicable provisions of the European Communities (1a), as follows:
(a) the carrier or ticket vendor shall not inform passengers at a station where no ticket delivery or vending machine is available, of the possibility of purchasing a ticket by telephone, via the Internet or on a train and of the nearest station or place where ticket delivery or vending machines are available;
(b) the carrier or station operator shall not introduce non-discriminatory access rules applicable to the transport of disabled persons and persons with reduced mobility;
(c) the carrier, ticket vendor, travel agency operator or travel agency operator shall, when booking or selling transport documents to disabled persons or persons with reduced mobility, require payment of additional costs not required in similar cases;
(d) the carrier, ticket vendor, travel agency operator or travel agency operator has wrongly refused to accept a reservation or issue a transport document to a disabled person or person with reduced mobility or has wrongly requested that such persons be accompanied by another person;
(e) the carrier, ticket vendor, travel agent or travel agency operator does not provide, on request, information on the conditions of carriage of disabled persons or persons with reduced mobility and access to and equipment for railway vehicles;
(f) the carrier, ticket vendor, travel agency operator or travel agency operator shall not, on request, notify the disabled person or person with reduced mobility in writing within 5 working days of the request, of the reasons why he refused to accept the reservation, issue a transport document or requested that the person be accompanied by another person;
(g) the carrier or station operator, contrary to the relevant technical specifications of interconnection, shall not ensure that stations, platforms and train sets, or other elements, are accessible to disabled persons and persons with reduced mobility;
(h) the carrier or station operator does not provide at a busy station disabled persons or persons with reduced mobility free of charge assistance when boarding a train, leaving a train or transferring between trains;
(i) the carrier or station operator does not provide in a vacant station easily accessible information about the nearest stations occupied and available assistance for disabled persons or persons with reduced mobility;
(j) the carrier does not deal with complaints within 1 month and, where justified, within 3 months of their submission;
(k) the carrier does not define quality standards for passenger services and does not establish a quality management system;
(l) the carrier shall not publish a report by 30 June of the calendar year on the quality of the services provided,
(m) the carrier, ticket seller, travel agent or travel agency operator does not inform passengers of their rights and obligations under the directly applicable European Commonwealth Code (1a) when selling travel documents; or
(n) the carrier or station operator shall not inform passengers at the station or on the train in an appropriate manner of the address of the administrative authority referred to in § 55 (3). ';
Paragraphs 6 to 12 shall be renumbered paragraphs 7 to 13.
5. Paragraph 52 (12) and (13) read:
"(12) A fine shall be imposed for the administrative offence:
(a) 1 000 000 CZK, if the administrative offence referred to in paragraph 1 (a), paragraph 2 (b), (c), (d), (e) or (f), paragraph 3 (a), (b), (c) or (e), paragraphs 4 to 7, paragraphs 8 (a) to (c) and (e) to (i), or paragraphs 9 to 11,
(b) 10 000 000 CZK if the administrative offence referred to in paragraph 1 (b), (c), (d), (e) or (f), paragraph 2 (a), paragraph 3 (d) or paragraph 8 (d) applies.
(13) An operating ban may also be imposed on the administrative offence referred to in paragraph 2 (a) or paragraphs 8 to 11. ';
6. Paragraph 52a (6) reads as follows:
"(6) Administrative offences under this Act shall be dealt with at first instance by the Railway Administration, with the exception of:
(a) the administrative offences referred to in Article 51 (6) which are pending by the Railway Inspection; and
(b) the administrative offences referred to in Article 52 (6), where the offence is committed by a travel agent or a travel agency operator who is being dealt with by a municipal trade office. ';
7. In Paragraph 55, the following paragraph 3 is added:
"(3) The Railway Authority shall supervise compliance with obligations relating to the respect of rail passengers' rights under the directly applicable European Communities Regulation (1a) and shall deal with complaints concerning infringements of those obligations. ';
8. In Article 58 (2), the words "in order to operate the runway safely 'are deleted.
Efficacy
This Act shall take effect on 3 December 2009.
Wolf
Klaus v. r.
Fischer v. r.
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Regulation Information
| Citation | Act No. 377 / 2009 Coll., amending Act No. 266 / 1994 Coll., on Railways, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.10.2009 |
|---|---|
| Effective from | 03.12.2009 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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