What is Full text of Act No. 460 / 2006 Coll.?

Full text of Act No. 460 / 2006 Coll., Act No. 266 / 1994 Coll., on Railways, as resulting from subsequent amendments — Full text of Act No. 266 / 1994 Coll., on Railways, as resulting from subsequent amendments.

When it became Full text of Act No. 460 / 2006 Coll. effectiveness?

Full text of Act No. 460 / 2006 Coll. became effective date not available.

Is Full text of Act No. 460 / 2006 Coll. still valid?

Yes, Full text of Act No. 460 / 2006 Coll. is still valid and effective.

Full text of Act No. 460 / 2006 Coll. - Full text of Act No. 266 / 1994 Coll., o...

460

PRESIDENT OF THE GOVERNMENT

Announces

the full text of Act No. 266 / 1994 Coll., on Railways, as follows from the amendments made 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., the Constitutional Court Act No. 144 / 2002 Coll., Act No. 175 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 103 / 2004 Coll., Act No. 1 / 2005 Coll., Act No. 181 / 2006 Coll. and Act No. 191 / 2006 Coll.

THE LAW

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 Community1) 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 rail 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 the transport of persons, goods, animals or an activity which ensures the business under special regulations (1a).

(5) The public interest in the field of public rail passenger transport is the interest in ensuring the basic transport needs of the population. The application of public interest in the provision of transport services shall be decided by the competent authority of the state administration or self-administration.

(6) 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 the special legislature1b.

(7) Transport services means ensuring the transport needs of citizens in the territory of the county or state in the public interest.

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

(9) The tariff is the price list for each transport performance when providing transport services and their conditions of use.

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

(d) a special track, 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

(1) The European rail system consists of a conventional rail system and a high-speed rail system. It shall be understood as railway lines within the territory of the Member States of the European Communities, as defined by Decision of the European Parliament and of the Council as part of a European transport network built or upgraded for high-speed rail transport or for conventional rail transport and combined rail transport and for railway vehicles operating on such railways; the elements of the European rail system are laid down in implementing legislation.

(2) The rail 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.

(3) The list of railway lines included in the European rail system will be notified by the Ministry of Transport by a communication in the Collection of Laws.

§ 4

Track circumference

(1) The track circuit is a territory designated by a territorial decision for the location of the track 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 authorisation of the railway operator, engage in activities which are considered to be business, enter the runway and the track circumference in places which are not accessible to the public, unless otherwise provided for in the Specific Legislative Act (1c).

(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.

§ 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.

(2) The construction on the runway is all construction1d) in the circumference of the runway which is not the construction of the runway, regardless of the purpose for which it serves.

(3) 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.

(4) 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 a special construction office. In the procedure for the restriction of property rights, the special construction office shall proceed in accordance with the special legislation2a).

(3) In the event of an accident on a network of technical equipment located within the track perimeter, the owner of the technical equipment network shall immediately notify the railway operator of the accident and the extent of the necessary work to remove it. The owner of the technical equipment network shall, in matters relating to the runway, follow the instructions of the railway operator and ensure that the railway section concerned is subsequently brought into its original state and, if this is not possible, taking into account the nature of the work carried out, to a state corresponding to the original purpose or use of the railway section concerned.

(4) When changing the construction of the railway or the construction of the new railway, the builder shall bear the costs associated with the changes in the technical equipment networks caused by the construction or its change as specified in the decision of the special construction office.

(5) The owner of a network of technical equipment which is located in the track circuit or in the track protection zone and which is in the reverse traction current range from the use of DC or AC traction system shall ensure that they are operated, maintained and repaired in such a way that they do not constitute a threat to the life, health or property of persons.

§ 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 cross-compliance shall not replace authorisations issued by administrations under specific legislation2b. The technical means of securing the crossing shall be laid down in an implementing regulation.

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

§ 7

Construction

(1) The special building authority) for railway and track construction is the railway administration.

(2) The eligibility of the runway must be verified by a technical safety test before the approval decision is taken. For structures which, by their nature and purpose, affect the conditions of safe and smooth operation of the runway and railway transport, the Railway Administration also provides for the introduction of test operations in the construction permit. The scope and conditions of the technical safety test and of the test operation shall be specified in the implementing regulation.

(3) A construction which is not a track construction and which interferes partly with its perimeter may be set up and operated only with the consent of the railway administration and under the conditions laid down therein.

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 exceeding 160 km / h, 100 m from the axis of the extreme track, but not less than 30 m from the boundaries of the track circumference,

(c) for 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, structures may be established and operated, mining and mining activities carried out in a mining manner, shooting range operated, explosives stored, hazardous waste and lighting sources and colour areas interchangeable with signs only with the approval of and under the conditions laid down by the railway administration.

(2) The railway operator and the carrier are authorised 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 traffic. 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.

(3) 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 period and to use the owner's property in the railway protection zone for compensation, unless otherwise possible.

(4) The owner of the property adjacent to the tram or trolleybus track shall, where necessary for the necessary period of time, be obliged, for one-off payment, to impose restrictions on the ownership of his property consisting of the location and operation of fixed traction, signalling or signalling equipment. The decision to restrict the right of ownership and the level of remuneration shall be taken by the railway operator, on a proposal from the railway operator, by the railway or trolleybus railway authority. The railway operator shall, when placing and removing such equipment on foreign real estate, place the property at the end of the work in its original state and, if this is not possible, take account of the nature of the work carried out, into a state corresponding to the original purpose or use of the property in question.

§ 10

Track protection

(1) The property owners in the vicinity of the railway shall be obliged to bear the necessary measures to prevent the landslides, the falling of stones, avalanches and trees or parts thereof, 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.

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, where national or regional railway operation is concerned, on the basis of a national and regional railway operator safety certificate (hereinafter referred to as the "railway operator safety certificate"), if it is registered in the commercial register of 5a.

(2) Official authorisation is issued by the railway administration.

§ 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 capable of legal action, integrity and competence; the applicant does not need to fulfil the professional competence requirement if it is satisfied by his / her responsible representative;

(b) a statutory body or a member of a statutory body of a legal person has reached the age of 21, is eligible for legal action, 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.

§ 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:

(a) the trade name, registered office and legal form of the legal person intending to operate the track and the name and address of the person or persons who are its statutory authority, and the identification number, if any, or the name and permanent residence, of the trading name and the natural person who intends to operate the track, as well as the same particulars relating to the responsible agent, if any;

(b) the designation of the runway owner,

(c) the identification of the runway and its description, including the identification of the beginning and end of the runway, the points of contact of the interconnected runway and the construction length of the runway.

(2) The application for an official authorisation must be accompanied by:

(a) an extract from the criminal record of a natural person and an extract from the criminal record of the responsible agent, if the applicant is a natural person, or an extract from the criminal record of all members of the statutory body, if the applicant is a legal person, the entry from the criminal record may not be more than 3 months old;

(b) an extract from the commercial register, if it is already a registered legal person, if the applicant is a legal person, or a document proving the establishment of a legal person;

(c) documentary evidence of the existence of a contractual relationship between the applicant and the agent responsible, if the applicant is a natural person,

(d) evidence demonstrating the competence of a natural person or evidence demonstrating the competence of the responsible agent, where the applicant is a natural person, or evidence demonstrating the competence of at least one of the members of the statutory body, if the applicant is a legal person,

(e) a document certifying the applicant's ownership of the runway or a document certifying the applicant's legal relationship to the runway, unless the applicant is its owner;

(f) evidence demonstrating the technical capability of the runway to operate it;

(g) documents proving financial capacity in the case of an applicant intending to operate a national or regional track;

(h) proof of payment of the administrative fee.

§ 16

(1) The Railway Administration shall decide on the issue of an official authorisation within 60 days of receipt of the request for an official authorisation.

(2) In the decision to issue an official authorisation, the Railway Authority shall lay down the conditions for the operation of the runway in order to ensure the proper and safe operation of the runway.

(3) The official authorisation is not transferable.

(4) There is no legal right to issue an official authorisation.

§ 17

(1) The decision to issue an official authorisation shall indicate:

(a) the trade name, including the legal form, registered office and identification number, if any, the name and surname of the statutory authority or members of the statutory authority, in the case of a legal person, or the name and surname of the railway operator, business name, birth number, permanent residence; where a responsible representative is appointed, also details concerning his or her person, in the case of a natural person,

(b) the owner of the runway;

(c) the description of the runway operated and its description, including the identification of the beginning and end of the runway, the points of contact of the interconnected runway and the construction length of the runway;

(d) the date of commencement of the runway operation;

(e) the period for which the official authorisation is issued;

(f) other operating conditions.

(2) The railway operator shall notify the railway authority of any changes to the data and documents provided for in the application for an official authorisation pursuant to Article 15 and provide evidence thereof within 30 days of the date of the change. The railway administration shall decide, as appropriate, to amend the official authorisation or to revoke the official authorisation.

(3) At the reasoned request of the railway operator, the Railway Authority shall decide to amend the official authorisation if it has changed the facts on the basis of which the decision to issue the official authorisation was made.

§ 18

Repeal and termination of official authorisation

(1) In the event that the railway operator does not wish to operate the runway, the railway operator shall notify the relevant railway authority within one year of the application for revocation of the official authorisation to operate the runway. At the same time it is also obliged to notify the owner of the runway within the same time limit.

(2) The official permit for the operation of the runway is hereby terminated

(a) by a decision of the Administrative Board to revoke an official authorisation if the railway operator:

1. no longer fulfils the conditions for the issue of an official authorisation;

2. infringes the provisions of this law,

3. has filed an application for revocation of an official permit to operate the runway;

(b) the expiry of the period for which an official authorisation has been issued;

(c) the date on which the legal person holding the official authorisation ceases to exist;

(d) 30 days after the death of a natural person holding an official permit,

(e) the date of cancellation of the runway.

§ 19

cancelled.

§ 20

Obligations of the runway owner

(1) The owner of the track is obliged to ensure the maintenance and repair of the runway to the extent necessary for its operation and to allow the track to come into contact with other runways.

(2) The owner of the national and regional rail is also obliged to take care of the development and modernisation of the runway to the extent necessary to ensure the transport needs of the State and the transport services of the region.

(3) If the owner of a national or railway track is not a regional State and the owner of the railway is not in a position to ensure its operability, he shall be obliged to offer the runway to the State for its redemption. The Ministry of Transport acts on behalf of the State.

(4) The technical conditions of operation of the runway and technical conditions of contact of the runway are laid down in the implementing regulation.

§ 21

(1) The railway owner is obliged to ensure the operation of the runway. If the owner of the railway is not a national or regional operator at the same time, he shall be obliged to allow the operation of the railway by another authorised person.

(2) If the runway owner cannot ensure the operation of the runway, he / she is obliged to offer the runway to ensure its operation:

(a) the State represented by the Ministry of Transport in the case of a national or regional runway;

(b) the municipalities or municipalities in whose territorial district the runway is situated, in the case of a tram, trolleybus, special or cable track.

Railway operator's rights and obligations and obligations of persons on and within the track circuit

§ 22

(1) The runway operator shall:

(a) operate the runway for smooth and safe railway transport in accordance with the rules governing the operation of the runway and the official authorisation;

(b) issue an internal regulation on the operation of the railway at the date of commencement of the operation of the runway and on the competence and knowledge of persons providing the operation of the runway and their means of verification, including a system of regular training;

(c) ensure that railway operations are carried out by persons who are medically and professionally competent;

(d) for public rail passenger transport, to publish timetables and their changes;

(e) identify the station names (stops) it operates; the national and regional railway operator is bound in this respect by the decision of the railway administration on the name of the station (stop),

(f) operate the designated technical equipment only with a valid licence and in a technical condition which corresponds to the approved competence;

(g) ensure that carriers have access to the services provided by the rail operator in a way which excludes the advantage of one of the carriers. The scope of the services provided by the railway operator shall be laid down in the implementing legislation.

(2) The national or regional railway operator shall also:

(a) financially ensure the proper operation of the runway throughout the duration of the official authorisation;

(b) to provide the Administrative Office with evidence, for each calendar year at the latest by 30 June of the year following, of the duration of the financial capacity to operate the runway properly;

(c) at the invitation of the railway authority to provide the information necessary to verify the duration of the financial capacity to operate the runway;

(d) establish a safety management system for the operation of the runway and ensure its compliance;

(e) submit by 30 June of the calendar year to the Administrative Office the annual safety report on the operation of the runway for the preceding calendar year.

(3) The runway operator shall be authorised to:

(a) to provide carriers with instructions to ensure smooth and safe rail transport when organising railway transport;

(b) give instructions to persons located within the perimeter of the railway to ensure their safety, the safety of other persons and to protect property and public order and to prevent possible interference or danger to the operation of the runway and rail transport on the runway.

(4) Persons located in the railway circuit shall be obliged to take care of their safety, to take care of the instructions of the railway operator to ensure the safety of persons and the safety of the operation of the runway and railway transport and to ensure the protection of property and public order and to refrain from anything which might interfere with or jeopardise the operation of the runway and railway transport, or to cause damage to parts of the railway or railway vehicles or to disturb public policy.

(5) The rules on the operation of the runway, the elements of the railway safety management system and the content of the annual runway safety report are laid down in an implementing regulation.

§ 23

(1) In addition to the obligations set out in § 22, the operator of the national and regional rail shall:

Citation	Full text of Act No. 460 / 2006 Coll., Act No. 266 / 1994 Coll., on Railways, as resulting from subsequent amendments
Regulation Type	Declared full text
Author	-
Collection	Code of Laws

Date of Promulgation	05.10.2006
Effective from	-
Effective until	-
Status	Valid

Full text of Act No. 460 / 2006 Coll.

Full text of Act No. 266 / 1994 Coll., on Railways, as resulting from subsequent amendments

Contents