Decree of the Ministry of Transport and Communications No. 50 / 1998 Coll.
Decree of the Ministry of Transport and Communications on demonstrable loss in public regular passenger transport
Valid
Effective from 01.04.1998
50
DECLARATION
Ministry of Transport and Communications
of 13 March 1998
on a demonstrable loss in public regular passenger transport
The Ministry of Transport and Communications provides pursuant to § 19b paragraph 5 of Act No. 111 / 1994 Coll., on Road Transport, as amended by Act No. 304 / 1997 Coll.:
Proven loss in public regular passenger transport
The demonstrable loss in public regular passenger transport (hereinafter referred to as "demonstrable loss') is the difference between the sum of the economically justifiedcosts (1) and the adjusted reasonable profit and between the sales and revenues achieved. The calculation shall cover either individual connections, lines or a set of lines of public regular passenger services operated by the carrier as a result of the provision of transport services by fulfilling the public service obligation. 2)
Adequate profit and calculation of adjusted reasonable profit
(1) The reasonable profit is:
(a) an amount which, after tax and after a minimum allocation to compulsory funds, does not exceed 1 / 8 of the price of buses (Paragraph 3 (2)) generally used for public regular passenger services providing transport services by fulfilling the public service obligation (hereinafter referred to as "public regular passenger services"), minus the amount of the total actual depreciation of such buses; and
(b) the amount spent on investments related to the operation of public regular passenger transport, provided that, for the purposes of their inclusion in the calculation of the demonstrable loss, the competent transport authority has given its assent. 3)
(2) The condition referred to in paragraph 1 (a), expressed in terms of "normally," is met if the vehicle in public regular passenger transport travels more than 80% of the total number of kilometres travelled.
(3) Investments related to the operation of public scheduled passenger services are investment in:
(a) technical base of operation;
(b) passenger information and clearance system;
(c) equipment for bus stations, bus stations and stops;
(d) technical facilities for traffic management, if they are the owner of the carrier.
(1) From a reasonable profit, the carrier will deduct the subsidy granted from the State budget for the purchase of newly produced buses, the subsidy from regional or municipal budgets for the purchase of newly produced buses.
(2) For the calculation of reasonable profit, the carrier shall use the price notified by the Ministry of Transport and Communications for each type of bus in advance for the calendar year.
(3) The resulting amount is an adjusted reasonable profit for the application of a demonstrable loss under § 1.
Document for calculating demonstrable loss
(1) The carrier shall calculate the demonstrable loss for the previous period and the calculation of the demonstrable loss shall be supported by the calculation and proof of the "Cost and sales statement of the transport activity" (hereinafter referred to as the document) to the competent authority.
(2) The calculation and the document shall be kept by the transport authority for a period of three years from the time of payment of the demonstrable loss to the carrier.
(3) The model of the document is set out in the Annex to this Order.
Preliminary expert estimate of demonstrable losses
(1) The calculation of the preliminary expert estimate of the demonstrable loss presented by the carrier shall be carried out by the carrier itself on the basis of its own results from the operation of scheduled public passenger services in the previous calendar year or, in respect of a period of less than one year, for the period in which it operated.
(2) Where a carrier has not operated public scheduled passenger services during the period referred to in paragraph 1, it shall use other data available to it to calculate the preliminary expert estimate.
(3) Paragraph 1 to 4 of this Decree shall apply mutatis mutandis, including the calculation and the document.
Performance of state professional supervision in road transport over the financing of transport services
(1) The person responsible for the exercise of state professional supervision in road transport (hereinafter referred to as "surveillance") within the framework of his authorization (4) shall check:
(a) cost inputs, in particular the breakdown of overheads;
(b) records of sales from passengers;
(c) the efficiency of the passenger check-in system;
(d) the method of recording other documents used by the carrier to calculate the demonstrable loss and to calculate the preliminary expert estimate of the demonstrable loss.
(2) In carrying out supervision, the person responsible for carrying out it shall proceed in accordance with the general rules on State control. 5)
Transitional and final provisions
The calculation of the demonstrable loss of public service obligations agreed or decided before the date of application of this decree shall be carried out in the calendar year 1998 in accordance with the current Regulation (6) and under the conditions laid down in the relevant decision of the transport authority or under the conditions contained in the relevant contract.
This Decree shall take effect on 1 April 1998.
Minister:
Prof. Ing. Moos, CSc.
Annex to Decree No. 50 / 1998 Coll.
Statement of costs and revenues from transport activities
1) Paragraph 2 (2) (a) of the Decree FMF, MF ČR and MF SR No. 580 / 1990 Coll., implementing Act No. 526 / 1990 Coll., on Prices.
2) Article 19 of Act No. 111 / 1994 Coll., on Road Transport, as amended by Act No. 304 / 1997 Coll.
3) Paragraph 2 (10) of Act No. 111 / 1994 Coll.
4) § 34 (3) of Act No. 111 / 1994 Coll.
5) Act No. 552 / 1991 Coll., on State Control, as amended by Act No. 166 / 1993 Coll.
6) § 19 (4) of Act No. 111 / 1994 Coll.
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Regulation Information
| Citation | Decree of the Ministry of Transport and Communications No. 50 / 1998 Coll., on a demonstrable loss in public regular passenger transport |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.03.1998 |
|---|---|
| Effective from | 01.04.1998 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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