Decree No. 78 / 2017 Coll.

Decree amending Decree No. 173 / 1995 Coll., which publishes the Railway Regulations, as amended

Valid Effective from 01.04.2017
78
DECLARATION
of 3 March 2017
amending Decree No. 173 / 1995 Coll., on the issue of the Railway Regulations, as amended
The Ministry of Transport provides, pursuant to Article 66 (1) of Act No. 266 / 1994 Coll., on Railways, as amended by Act No. 23 / 2000 Coll., Act No. 103 / 2004 Coll., Act No. 181 / 2006 Coll., Act No. 191 / 2006 Coll., Act No. 194 / 2010 Coll., Act No. 134 / 2011 Coll., Act No. 64 / 2014 Coll. and Act No. 319 / 2016 Coll., ("the Act ') for the implementation of § 4a (3), § 22 (5), § 25 (6), § 27 (3), § 35 (4) and § 42 (3) Act:
Čl. I
Decree No. 173 / 1995 Coll., issuing the Railway Regulations, as amended by Decree No. 242 / 1996 Coll., Decree No. 174 / 2000 Coll., Decree No. 133 / 2003 Coll., Decree No. 57 / 2013 Coll., Decree No. 7 / 2015 Coll. and Decree No. 253 / 2015 Coll., is amended as follows:
1. in Paragraph 1 (q), the words "regularity and continuity" shall be deleted;
2. In Article 2, at the end of paragraph 1, the dot is replaced by a comma and the following point (d) is added:
"(d) emergency measures."
3. In Article 5 (1), the sentence "The retro-reflective background of the signal cannot be used in combination with the light signs' is inserted before the last sentence.
4. In Article 7 (4), the words "signals and signals for movement 'are replaced by the words" other variables of signals and signals'.
5. In Paragraph 16, the following paragraph 6 is inserted after paragraph 5:
"(6) In the case of the displacement of the train tracks by pushing, or when the leading railway vehicle is driven from a position other than the front cab, through a level crossing of tracks which is not equipped with a track crossing warning device, or if the track crossing warning device is in or out of operation, the journey through the track level crossing shall be provided by a competent person. ';
Paragraphs 6 to 11 shall be renumbered paragraphs 7 to 12.
(6) Sections 21 to 22, including the headings and footnotes No 15, read:
„§ 21
Track traffic transmission monitoring
(1) The railway operator shall determine the capacity of each section of the runway for the organisation of railway transport according to the structure of the runway, its technical equipment and the technological management of the runway, the lowest value of the capacity of each section of the runway being equal to the maximum runway capacity; the runway operator must organise the runway service in such a way that the runway capacity is used effectively.
(2) If the requirements of carriers exceed the maximum track capacity in one of the runway sections, the railway operator shall notify the Transport and Tariff Bulletin.
§ 21a
Organisation of railway traffic management with a planned track operating restriction
(1) The railway operator shall, according to an approved plan, prepare a proposal for an exclusive timetable for the operation of the runway or part thereof pursuant to § 23b and 23c of the Railway Act, which shall submit to each of the participating carriers at least 45 days before the date of the planned restriction on the operation of the runway. The carrier shall be entitled to apply the exclusive timetable proposal within 5 working days of the date of service. The railway operator shall assess the objections of the carrier within 10 days of receipt of the carrier's observations. In the event that the railway operator does not comply with or only partially comply with the objections of the carrier, the carrier shall inform the reasons for which it did not comply or only partially complied.
(2) In drawing up the exclusive timetable, the railway operator shall cooperate with the carriers which have allocated track capacity on the section concerned.
(3) When drawing up the exclusive timetable, the carrier shall be entitled to propose within the number of routes allocated its own priorities for the management of trains operated by it on the section concerned by the exclusion. The railway operator shall comply with the requirements of the carrier relating to the routes of public passenger trains which are used to ensure the transport service of the State, then the county and the citizen 15), to the maximum extent agreed with each carrier, if they were concluded. In the event that the agreement with the carrier has not been concluded, the runway operator shall proceed with the third and fourth sentences referred to in paragraph 1.
(4) Prior to the termination of the planned track operating limitation, the railway operator shall ensure that the correct operation of the signalling equipment is verified, which was directly affected during the course of the track operation limitation, or by changing the conditions for its operation; the restriction on the operation of the runway can only be terminated if the safety equipment concerned is properly operated.
(5) In the case of restrictions on the operation of a runway or part thereof pursuant to Section 23c (3) of the Railway Act, the procedure laid down in Section 22 shall apply mutatis mutandis.
§ 22
Operational management of railway transport
(1) The organisation of railway transport shall be carried out according to the timetable, which shall be so constructed as to rule out time collisions when traffic is scheduled.
(2) The operational management of railway transport is applied by the railway operator in the event of exceptional rail traffic, which is delays, track lockouts, departure of trains for non-track sections, introduction of emergency trains. In doing so, it ensures that the capacity of the various sections of the runway for the organisation of railway transport is used to the maximum extent possible, for example when using train journeys in sequence, and maintains priority in the running of trains according to order:
(a) necessary assistance;
(b) exceptional in the general interest;
(c) express trains and express trains (including locomotives and sets for such trains) with a holiday speed exceeding 140 km / h, interstate freight express trains with a holiday speed exceeding 100 km / h inclusive and a minimum specific traction power of 2,1 kW / 1 hrt;
(d) express trains and express trains (including locomotives and sets for such trains) with a permissible speed up to and including 140 km / h, interstate freight trains with a permissible speed exceeding 100 km / h and a minimum specific traction power of 2,1 kW / 1 hrt;
(e) hasty,
(f) personal,
(g) other freight trains in the order:
1. national express,
2. other freight,
(h) locomotive;
(i) professional and professional.
(3) For trains of the same order of priority, the higher technical speed of the train and, where appropriate, the higher value of the delay are decided. For freight trains, trains carrying perishable goods and live animals shall also prevail.
(4) Where appropriate for the maximum capacity utilisation of the railway section, the railway operator shall give priority to a lower-ranking train if the train has a higher technical speed than a higher-ranking train, but only on condition that the higher-ranking train is conducted in close succession behind the train.
15) Act No. 194 / 2010 Coll., on public passenger transport services and amending other laws, as amended. '
7. In Article 35, the following paragraph 4 is added:
"(4) Through the level crossing of tracks equipped with a track-crossing warning device which does not alert access road users to the platform and 60 m in front of it, the leading railway vehicle shall be allowed to drive at a speed of not more than 10 km / h and shall repeatedly give an audible warning. The person driving the railway vehicle shall be informed in advance of this fact by the person driving the railway transport, unless this is a sign. If the railway vehicle is not the first leading railway vehicle to cross the level crossing, the rail vehicle shall be driven through the level crossing by a competent person. ';
8. The first sentence of Paragraph 37 (10) reads: "The brake test carried out on passenger trains, special in the general interest, freight trains and train sets shall be recorded, which shall subsequently be transmitted to the person driving the railway vehicle. '.
9. Paragraph 50 (1) reads:
"(1) The requirements of each carrier shall be processed in accordance with the timetable set by the railway operator or allocation in accordance with the deadlines laid down in Section 34a of the Railway Act. The requirements for international transport train routes discussed by the coordinating body within the meaning of § 32 (4) of the Railway Act and freight train paths with a length of 740 m shall be processed as a priority, provided that operational and technical conditions allow for this. The schedule shall be published in electronic form in a way that allows remote access. ';
10. Paragraph 50 (2) is deleted.
Paragraphs 3 to 6 shall become paragraphs 2 to 5.
11. Article 51 shall be deleted;
12. in Article 54 (3) and (4):
"(3) The notice timetable for the line on which the station is located and the following lines, the list" Arrivals and Departures of trains', shall be publicly accessible, valid and in the applicable state in the stations. In stations and stops where passengers are not checked in, it is sufficient to place only a valid list of "Arrivals and Departures of trains" in a publicly accessible location. In the case of a public passenger train introduced pursuant to the provisions of Section 34b of the Railway Act with the frequency of driving 3 and less consecutive calendar days, the data on its journey in the route timetable and in the list "Arrivals and departure of trains' shall not be entered and the data on the timetable of such train shall be transmitted only for publication in the National Timetables Information System within the scope of the data referred to in paragraph 4 (a).
(4) The railway operator shall transmit the negotiated timetable for public rail passenger transport on the runway and its changes no later than 7 days before its validity to the National Timetables Information System
(a) to the extent of the data referred to in Article 55 (1) (a), (b), (e), (h), (i) and (k) in electronic form in the data structure allowing automated processing in XML format (expandable marking language); and
(b) in an electronic graphical form for the needs of passengers within the scope of the data referred to in Article 55 (1). "
13. In Article 54, the following paragraph 5 is added:
"(5) In the case of a public passenger train introduced in accordance with the provisions of Section 34b of the Railway Act, the railway operator shall transmit the timetable to the National Timetables Information System within the scope of the data referred to in paragraph 4 (a) without undue delay after the allocation of the runway capacity. ';
14. In Article 56, the following paragraph 3 is added:
"(3) The carrier shall submit a timetable proposal in accordance with paragraph 2.
(a) in electronic form in the data structure allowing automated processing in the CSV format (comma separated values), with the exception of the timetable on the cableway track not providing transport service; and
(b) in graphically clear form for passengers' needs. ';
15. Paragraph 57 (5) reads:
"(5) The Railway Administration shall forward the approved timetable no later than 24 hours before its entry into force to the National Information System on Timetables in the form of Article 56 (3) (a) and to the extent of the information referred to in Article 56 (2). ';
16.
„§ 58
Timetables on the rope track
(1) The Railway Administration shall forward the approved timetable to the cableway at the latest 24 hours before it becomes valid in the National Information System on Timetables in the form of:
(a) in accordance with Paragraph 56 (3) (a), if it is a rope track providing transport services, and
(b) pursuant to Article 56 (3) (b), if it is a rope track which does not provide transport services.
(2) The provisions of Section 56 (2) (f) and of Section 57 (5) of Part Four of Title II shall apply to the cableway timetables.
(3) In addition, special driving conditions shall be published at the cableway station. ';
17. in Part Four, the following Title 3 is added after the title:

„HLAVA III

NATIONAL INFORMATION SYSTEM ON RURAL RULES
§ 58a
(1) Timetables for public rail passenger transport transmitted and transferred to the National Timetables Information System shall be published without delay in a way that allows for remote access to the public, including access to persons with reduced mobility in electronic form.
(a) in the case of timetables and their changes in public rail passenger transport on the national and regional rail, in the scope and form referred to in Article 54 (4);
(b) in the case of a timetable for public rail passenger transport on a special track, a tram track, a trolleybus track and a rope track
1. in the form provided for in Article 56 (3) (b); and
2. in the form provided for in Paragraph 56 (3) (a), with the exception of the timetable on the cableway track, not providing transport service.
(2) The description of the data format and the electronic data structure allowing automated processing of timetables referred to in paragraph 1 shall be published by the Ministry in a manner which allows remote access. "
18. In Section 73, paragraphs 7 and 8 are added, including footnote 17:
"(7) In a municipality occupied by members of national minorities, information on the type of train, platform, direction of travel and time of departure, delays and anticipated changes in passenger transport shall also be submitted in the language of the national minority if, according to the last two census, at least 10% of the citizens of the municipality have always applied for that nationality, and if the relevant railway operator is requested to do so by representatives of the relevant national minority through the Committee on National Minorities, who will recommend a proposal by their resolution, or if so requested by the Commonwealth 17), representing the interests of the national minority, and who, on the date of the application, is operating for at least 5 years in the territory of the municipality.
(8) The information referred to in paragraphs 1 to 7 may also be made available in electronic form, on the basis of data exchange in the data structure, allowing automated processing in an extensible marking language (XML).
17) Article 5 of Act No. 273 / 2001 Coll., on the Rights of Members of National Minorities and on the amendment of certain laws. Section 214 of the Civil Code. '
19. In Paragraph 76, paragraph 6 is added:
"(6) For the operation of the runway, the rules for the operation of the runway shall apply to the regional and for the operation of the runway on the runway. '
20. The following Sections 76a and 76b are inserted after Section 76, including the headings and footnotes 18:
„§ 76a
Model licence for rail transport
The model licence for the operation of railway traffic on the national and regional track is laid down in the directly applicable European Union18). The model of licence for the operation of railway services on the local, special, tram, trolleybus or railway track is set out in Annex 8 to this Decree.
§ 76b
Education fields related to railway transport
The fields of education related to railway transport for assessing the competence to operate railway transport are:
(a) Transport;
(b) Traffic traffic,
(c) Transport management;
(d) International trade, transport, mail;
(e) Railway transport management,
(f) Operation and economy of transport,
(g) Machinery and electrical equipment,
h) Transport security and communication equipment; or
(i) Railway construction.
18) Commission Implementing Regulation (EU) 2015 / 171 of 4 February 2015 on certain aspects of the licensing procedure for railway undertakings. ';
21. In Annex 1, Part I, point 10 reads as follows:
"10. Sailors' walkways
A crossing (trunk and repetitive crossing) is a signal that informs the person driving a railway vehicle of the state of the crossing safety or of the track crossing warning. The bridge crossing shall be placed at least at the stopping distance from the crossing or level crossing of the tracks and shall be marked with a marking band with black and white stripes of the same width, supplemented by white retro-reflectors in black stripes, unless the marking strip is made of light reflecting material. The repetitive crossing shall be located at a distance shorter than the braking distance, or in the immediate vicinity of the crossing or level crossing, and shall not be marked with a marking belt. If the passenger informs of the state of the crossing protection device or of the track crossing warning device of more than one crossing or crossing, the sum of the number of crossings with the crossing protection device and the number of crossings with the track crossing warning device shall be expressed by a black number on the marking strip or on a separate white table on the crossing beam. ';
22. In Annex 1, Part I, point 10.1 reads as follows:
"10.1." Open crossing 'is a signal at which only two yellow lights are lit on a tribal crossing or a repeated crossing, unless it is replaced by reflectors. The "Open Crossing' warning shall be driven by a railway vehicle to the crossing or level crossing under the conditions of driving when the crossing or track crossing warning does not alert road users or level crossing users that a train or other railway vehicle is approaching the level crossing (§ 35 (3) and (4) of the Ordinance). If there is no light on the bridge crossing or the repeated crossing, this always means a signal" Open crossing. "'
23. In Annex 1, Part I, point 10.2., the words "or level crossing 'shall be inserted after the words" to crossing'.
24. In Annex 1, Part I, point 14, Table 1, in the second column, in the rows for marking 4 / 4N, 4 / 6N, 4 / 8N and 4 / 1N, note 2 is replaced by note 7) and in the explanatory notes to Table 1, note 7 is added: "(7) The signs may only be displayed on the departure signals; on other main signals only as a result of a failure of the signal circuits. ';
25. In Annex No 2, in Table I.7, in rows 8 ° and column 70 km / h, the number "45 'is replaced by" 44', in row 9 ° and column 70 km / h, the number "44 'is replaced by" 45', in table I.10 in row 6 ° and column 135 km / h, the number "333 'is replaced by" 133', in line 18 ° and column 60 km / h, the number "23 'is replaced by" 33', in line 18 ° and column 90 km / h, the number "63 'is replaced by" 67', in table II.4 in line 22 ° and column 15 km / h, the number "13 'is replaced by" 23' and in table II.7 in line 4 ° and column 90 km / h, the number "63 'is added in line" 67' and column 90 km / h are replaced by the number ';
26. In Annex 3, Part I, the following point 12 is added, including footnote 14:
'12. The special traction or control vehicle of a special vehicle set intended solely for operation on the territory of the Czech Republic and newly approved to service after 1 January 2020 shall be equipped with the mobile part of the ERTMS / ETCS train protection system according to the European Union14 Regulation) if it is operated on lines which are equipped with the ERTMS / ETCS train protection system operated under the European Union14 Regulation. This requirement shall not apply to a special vehicle which may be operated separately in transport or line sections only on excluded tracks.
14) Commission Decision 2012 / 88 / EU of 25 January 2012 concerning the technical specification for interoperability relating to the control-command and signalling subsystems of the trans-European rail system. Commission Decision 2012 / 696 / EU of 6 November 2012 amending Decision 2012 / 88 / EU concerning the technical specification for interoperability relating to the control-command and signalling subsystems of the trans-European rail system. Commission Decision (EU) 2015 / 14 of 5 January 2015 amending Decision 2012 / 88 / EU concerning the technical specification for interoperability relating to the control-command and signalling subsystems of the trans-European rail system. Commission Regulation (EU) 2016 / 919 of 27 May 2016 concerning the technical specification for interoperability relating to the control-command and signalling subsystems of the rail system in the European Union. '.
27. In Annex 3, Part II, point 5, the fourth sentence is replaced by the following: "Any newly approved leading railway vehicle, the driving of which only one person is present, with the exception of traction vehicles intended solely for the shift, shall be equipped with a functional alert device of a person driving a track vehicle of an approved type, which may be part of the vehicle control circuits and shall ensure, when assessing the inactivity of the person driving the track vehicle, an audible warning and a subsequent stop of the train. 'and after the last sentence, the phrase" If the driving railway vehicle and the driving wagons are equipped with a mobile part of the ERTMS / ETCS train protection system according to the Regulation European Unie14' is added.
28. The following Annex 8 is inserted after Annex 7:

"Annex No 8 to Decree No 173 / 1995 Coll.
Model of licence to operate railway transport on a local, special, tram, trolleybus or railway track
Licences for rail transport

"
Čl. II
Transitional provisions
The railway operator shall forward the changes to the public rail passenger transport schedule on national, regional and local rail routes for the period of validity until 9 December 2017 at the latest 7 days before their validity to the National Timetables Information System
(a) to the extent of the data referred to in Article 55 (1) (a), (b), (e), (h), (i) and (k), in electronic form in the data structure allowing automated processing in the recorded data format with the separator I (vertical line); and
(b) in an electronic graphical form for the needs of passengers within the scope of the data referred to in Article 55 (1).
Čl. III
Efficacy
This Decision shall enter into force on 1 April 2017, with the exception of Article I (6), as regards Article 22, which shall take effect on 10 December 2017, and with the exception of Article I (6) thereof. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Minister:
Ing.

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Regulation Information

CitationDecree No. 78 / 2017 Coll., amending Decree No. 173 / 1995 Coll., which publishes the Railway Regulations, as amended
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation17.03.2017
Effective from01.04.2017
Effective until-
Status Valid
The regulation text is for informational purposes only.
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