What is Act No. 97 / 1950 Coll.?

Act No. 97 / 1950 Coll., on Railways — Railways Act.

When it became Act No. 97 / 1950 Coll. effectiveness?

Act No. 97 / 1950 Coll. became effective 01.06.1951.

Is Act No. 97 / 1950 Coll. still valid?

Yes, Act No. 97 / 1950 Coll. is still valid and effective.

Act No. 97 / 1950 Coll. - Railways Act

97.

Law

of 12 July 1950

about runways.

The National Assembly of the Czechoslovak Republic decided on the following Act:

Initial provision.

§ 1.

Routes as a major means of transport must be planned and operated in order to fulfil the tasks assigned to them by the single economic plan as best and most economically as possible.

§ 2.

The subject matter of the law.

(1) The runways under this Act are mainly railways, cableway installations (ground and suspension) and trolleybuses.

(2) If other transport facilities are expensive under this Act, the Ministry of Transport will, in doubt, decide in agreement with the State Office of Planning and the Ministry of National Defence and Industry.

§ 3.

The separation of paths.

(1) Railways are divided into public transport and private transport rail.

(2) The public transport routes provide general transport needs according to declared transport conditions.

(3) The routes for non-public transport provide only the transport needs of their undertaking or operator.

ČÁST PRVNÍ.

Trains for public transport.

§ 4.

(1) The public transport routes are subdivided into national and local routes.

(2) National flights form a coherent network of national importance. It is divided on the main and secondary track. By-lines are of minor transport importance.

(3) Local trains provide local transport needs (in the municipality, between nearby municipalities and below).

(4) Relief may be provided for national and local rail adjacent lines in terms of their construction, maintenance and operation.

(5) If the circumstances relevant for the classification of the runway or part thereof change, the Ministry of Transport may, in agreement with the State Office of Planning and the Ministry of National Defence and Interior, include the runway or part thereof in another group, after which it shall be classified as non-public rail transport. It shall, if necessary, determine the conditions under which the change is to be made.

Díl první.

Authorisation to build and operate.

§ 5.

Only a State or a national railway undertaking may build and operate a national railway line, a local railway line other than that of a national or a municipal undertaking. However, to build and operate a local road for urban transport (§ 27), it is normally for the municipal undertaking.

§ 6.

(1) The local track or part thereof may only be transferred between the operators referred to in Section 5, with the permission of the Ministry of Transport, which shall be awarded in agreement with the State Office of Planning and National Defence and Finance Ministers.

(2) The operation of a local runway or part thereof may be left to another railway undertaking either of the operators referred to in § 5 or, in view of the general interest and needs of the national economy, also to other legal persons. The authorisation of the Ministry of Transport, which shall be given in agreement with the State Office of Planning and the Ministry of National Defence and Finance, shall be required to give up operations.

§ 7.

In order to build and start operation of the runway or part thereof, the following shall be required:

(a) inclusion in the single economic plan;

(b) authorisation for preparatory work, if necessary (Section 8);

(c) discussion of the construction proposal (§ 9),

(d) inclusion in the annual implementation plan (Section 10);

(e) consent to use the runway (§ 11).

§ 8.

Authorization for preparatory work.

(1) Authorisation for preparatory work authorises applicants to also perform on foreign real estate work and to carry out investigations necessary for the preparation of the runway design.

(2) Authorisations for preparatory work are granted by the Ministry of Transport for the necessary period in agreement with the Ministry of National Defence.

(3) He who has been authorised for preparatory work is responsible for the damage caused. The district national committee shall decide on compensation at the request of the applicant within 30 days of the date on which it found the extent of the damage, but no later than one year after the damage occurred.

(4) The details shall be laid down by the Government by a regulation determining, in particular, how the application for authorisation for preparatory work is to be supported and the conditions for entering the premises and for other immovable property.

§ 9.

Discussing the construction proposal.

(1) Before including a railway construction proposal or part of it in the draft annual implementation plan, it shall be established on the spot whether the construction proposal complies with the general interest, what measures will be needed on and around the track, how the continuing rights are affected and what will be needed to protect them.

(2) The procedure referred to in paragraph 1 shall be carried out by the public administration authority (s) in the railway matters (hereinafter referred to as the "Transport Administration Office '), which shall also lay down the conditions for the establishment and operation of the runway. If the general interest so permits, relief may be granted to the railway undertaking from the provisions of this law, in particular in the case of local railways; Special obligations may be imposed if the general interest so requests.

(3) The outcome of the procedure (paragraphs 1 and 2) shall be decided by the Transport Administration.

(4) The details of the procedure shall be laid down by the Government by a regulation which shall, in particular, determine how the construction proposal which the authorities (s) shall take part in the procedure must be substantiated and when and how the procedure may be shortened after which it may be waived.

§ 10.

Entry into the annual implementation plan.

(1) In agreement with the Ministry of Defence, the Ministry of Transport will decide whether and when the construction proposal or part thereof will be included in the draft annual implementation plan.

(2) The transport authority shall inform the applicant that the railway construction proposal or part thereof has been included in the transport implementation plan.

(3) Entry into the annual transport implementation plan includes the following authorisations:

(a) to build a track according to a negotiated construction proposal (§ 9);

(b) expropriate to the extent necessary for the purposes of the runway under the legislation on which it is issued;

(c) to transport persons and goods on a built-up track in accordance with the conditions laid down (§ 9 (2)) and with the authorisation to use the runway (§ 11);

(d) to carry out and procure (if necessary in support plants or as secondary activities) all work and ancillary tasks for the railway tasks separately.

§ 11.

Consent to use the runway.

(1) Prior to the start of operations (paragraph 2), transport on the track in construction may be carried out only for purposes related to the construction of the runway (e.g. for the transport of materials and workers), according to a permit issued by the transport administration.

(2) The operation of a track or part of a track may only be initiated according to an authorisation issued by the Transport Administration after it has been established that the conditions of safe, regular and uninterrupted operation have been met.

(3) The procedure prior to granting consent to use the runway is regulated by the Government by the Regulation.

§ 12.

Abort the runway.

(1) A runway or part of it may be cancelled by a decision of the Ministry of Transport in agreement with the State Office of Planning and the Ministry of National Defence following a similar procedure pursuant to § 9.

(2) The Government shall determine the details by means of a regulation.

Díl druhý.

Building a runway.

§ 13.

General.

(1) The runway (with accessories, ancillary facilities and ancillary activities) is either built and maintained within the limits of technical and economic efficiency in such a way as to best perform its tasks and ensure that its operation is safe, regular and uninterrupted.

(2) Unless otherwise provided for in the legal provisions on railways or otherwise, the general provisions on construction, roads, water and water works, with the exception of management rules, shall be used to decide on the construction and maintenance of the runway. The management arrangements shall remain without prejudice to decisions on the existence and extent of the water law at issue, the authorisation of the collection of water and the disposal of waste water, as well as the use of water power.

(3) The Railway Administration may establish binding uniformity in the field of construction and maintenance.

§ 14.

Construction on the track.

(1) Railway structures are structures which extend, supplement, change or secure the runway (with accessories and auxiliary plants), as well as all structures on the land serving the operation of the railway.

(2) The provisions of the first part shall apply mutatis mutandis to the construction on the track; If the construction is not carried out by a railway undertaking, only the provisions of Sections 9 and 11 shall apply mutatis mutandis.

§ 15.

Neighborhood of the track.

(1) Within the limits of technical and economic efficiency, the railway undertaking shall take the necessary measures to ensure that real estate and its accessories do not suffer damage by the construction, maintenance and operation of the runway and that their use is not made more difficult than inevitable.

(2) The costs of the measures required under paragraph 1 or to ensure the runway resulting from changes in real estate following the discussion of the construction proposal (§ 9 (3)) shall be borne by the owner (user) of the property. If the measure was also caused by a change in the runway, the railway undertaking also bears a reasonable proportion of the costs.

(3) The transport authority shall decide on the necessity of the measures referred to in paragraphs 1 and 2; However, if a special authorisation (consent) is needed, the competent authority shall decide, taking into account the opinion of the transport authority. If an agreement is not reached on who will implement these measures and on whose cargo, the transport authority shall decide.

(4) The Government will adapt the details by means of a regulation.

§ 16.

Relations with other roads, waters, water parts and territories where minerals are conquered.

(1) The runway may, if the general interest so requests, cut off other communications (railways, public roads and roads, electrical, gas and other lines), water, water works and territories in which minerals are being conquered or otherwise touched, or may be cut or otherwise affected, in a manner proportionate to the needs and proportions of the stakeholders, so that their interests are affected to the minimum possible extent.

(2) The Transport Administration shall determine, taking into account local circumstances and the technical and economic effectiveness of the route, whether and how the route needs to be bordered and which crossings (crossings) are to be equipped with warning devices or signals and which ones. The details concerning crossings (crossings) shall be adapted by the Ministry of Transport by means of directives which it issues in agreement with the Ministry of National Security and Technology.

(3) If the general interest is that the crossing (crossing), overpass or underpass be rebuilt or otherwise modified, or that the level crossing with the road is replaced by a non-level crossing, the transport authority shall agree on the necessary adjustment with the road administration (authority). This Agreement shall determine, on the basis of the effectiveness of whether the agreed reconstruction is to be ordered to a railway undertaking or road administration.

(4) If bridges and drains do not comply with the drains, the transport authority shall require the railway undertaking to rebuild them or modify them otherwise.

(5) By-lines of national railways and local tracks may be conducted on public roads, public spaces and protection barriers, provided that such premises and protective dams, if they are eligible after the modifications have been made.

(6) The Government will adapt the details by means of a regulation.

§ 17.

Vehicles.

(1) Only vehicles which have been built according to approved types and which, if necessary, have been tested may be used in the operation of the runway.

(2) The Government shall adapt the details by means of a regulation.

Díl třetí.

Traffic.

§ 18.

General.

(1) The operation of the runway is to be organised within the limits of technical and economic efficiency in such a way that the runway properly performs its tasks and that its operation is safe, regular and uninterrupted.

(2) The railway undertaking is obliged to start operations on a built-up track as soon as it has been authorised to do so (§ 11) and to maintain it under the legal provisions on runways and regulations issued under them, as well as under the conditions for the construction and operation of the runway (§ 9 (2)).

(3) Exemptions and reliefs from the obligation referred to in paragraph 2, as well as changes in the mode of operation, are authorised by the Transport Administration. In the case of exceptions and concessions of a lasting nature, the decision referred to in the first sentence of the Ministry of Transport in an agreement with the State Office of Planning and the Ministry of National Defence shall be taken.

(4) In agreement with the State Office of Planning and the Ministry of National Defence, if the Ministry of Transport considers the further operation of the railway or part of it to be ineffective, it may suspend or restrict the operation in agreement with the State Office of Planning and the Ministry of National Defence.

§ 19.

Responsibility for operation.

The head of the undertaking shall be responsible for the proper management of the railway operation of the railway undertaking and, where appropriate, the person designated by it.

§ 20.

Staff.

(1) The railway undertaking shall take care of a sufficient number of statestically reliable, eligible, in the service of trained and relevant rules of the trained staff. The Ministry of Transport may lay down additional conditions for certain employees.

(2) Where an official examination is required under other rules, the examination shall be carried out before the examination bodies designated by the transport authority.

(3) The staff of the railway undertaking shall wear uniform in the performance of their duties, after the service badge, if they are responsible for the performance of the safety service on the track (§ 33) or if they are required to have contact with the audience.

§ 21.

Traffic performance.

(1) In accordance with which principles transport will be carried out, the Minister of Transport shall provide for a regulation, taking into account that specific regulations apply to the operation of overhead vehicles on public roads and roads.

(2) Details within the limits of these principles shall be adapted by the Transport Administration.

§ 22.

Timetables.

(1) The railway undertaking shall draw up timetables to ensure that the tasks set out in the single economic plan are carried out. At the same time, it is obliged to take into account the needs of the public as far as it is possible to operate. If the timetables do not comply with those interests, the transport authority shall order their appropriate adjustment.

(2) The railway undertaking shall comply with the technical and economic timetables. However, the persons who use the runway do not have the right to compensation, which may result from failure to fulfil this obligation.

(3) The Minister for Transport by regulation lays down the principles under which timetables are drawn up, amended and made known by the audience.

§ 23.

Transport duty.

A railway undertaking shall be obliged to carry out a transport operation if the conditions for carriage are met, if the transport is possible by regular means of transport, unless circumstances which the railway undertaking could not avert or overcome and where the transport is not prohibited prevent.

§ 24.

Inland transport.

(1) The conditions under which railway undertakings carry out inland transport are laid down in the rules of transport issued by the Government by the Regulation. The rules of transport may take over the principles of international rail transport agreements even if they deviate from national rules, including for a mode of transport which is not explicitly negotiated by international agreements.

(2) The rules of transport may provide that those who breach certain of its provisions are required to pay a certain amount of money to the undertaking. The railway undertaking shall be entitled to fix fixed rates of compensation for minor disturbances in service and for damage or pollution to its installations.

(3) The Transport Administration may, on a proposal from a railway undertaking, approve or, if necessary, itself provide for amendments to the provisions of the timetable; These changes will expire if they are not implemented by a government regulation within two years.

(4) The Transport Authority may also provide for derogations from the rules of transport for each line, station, train, vehicle, transport and certain goods, where justified by special circumstances.

(5) The local railway undertaking shall be entitled and, if the transport authority so requests, be obliged to establish its own timetable according to its operational circumstances; its validity requires the approval of a transport authority.

§ 25.

Tariffs.

(1) The railway undertaking shall draw up tariffs with a single economic plan, pricing rules and corporate management principles; the conditions for carriage, as well as the conditions for determining the amount of fare and carriage, must be clear from the tariffs.

(2) The tariffs, amendments and cancellations are approved - without prejudice to the general rules on price formation - by the transport administration, which may also order, if the general interest so requests, that the railway undertaking adjust the tariffs accordingly.

(3) The Transport Minister shall lay down the details in a regulation in which it will also be designated if and how the tariffs are to be published.

§ 26.

Joint inland transport.

The railway undertaking may, with the approval of the Ministry of Transport granted in agreement with the State Planning Office, carry out a combined transport operation with another public transport undertaking according to uniform conditions and tariffs. If necessary, the Ministry of Transport shall, in agreement with the State Office, require the planning undertaking to carry out such a combined transport operation, which may lay down the principles governing its adjustment.

§ 27.

Urban traffic.

The conditions for the operation of public transport routes, which are included in urban transport under the planning rules, will, if the nature of the matter so permits, be identical to those for other urban transport sectors.

§ 28.

Regulations for the performance of duty.

The railway undertaking shall draw up rules for the performance of each service as required. The regulations for which the Transport Administration reserves this shall be submitted to it before they are issued; The railway undertaking shall comply with the comments of the Railway Administration.

§ 29.

The relationship between the railway undertakings.

(1) The railway undertaking shall allow, if the general interest so requires and if this is not to the detriment of its own operations or economic interests, another railway undertaking to use its tracks or its facilities for adequate compensation.

(2) Railway undertakings whose routes are interconnected (Paragraph 16 (1)) will agree on the modification of the connection and transition services, the mutual use of vehicles and the allocation of the relevant costs.

(3) If the railway undertakings fail to assess the arrangements for mutual relations or if the agreed agreement does not satisfy the general interest, the transport authority shall decide.

§ 30.

Limitation of land use and business around the runway.

(1) There shall be no activity in the vicinity of the runway that threatens the runway and its equipment or safety, the regularity and integrity of its operation, in particular disrupting the operation of the communication and signalling equipment, making it difficult or hindering the sight of signals and crossings (crossings), or causing fire hazards. The Transport Administration may designate land in the vicinity of the runway concerned.

(2) If there is a danger to the runway, the transport authority shall order the fault to be removed or imposed on the necessary protective measures; However, if special authorisation (consent) is needed, the competent authority shall take a decision, taking into account the opinion of the transport authority. The removal of defects or the implementation of protective measures may also be imposed on the affected undertaking on the account of the person who caused the defect.

(3) The Government shall, by regulation, determine the space in which any building is prohibited, the space in which the construction must be carried out safely against fire, as well as the use and modification of the land around the runway, so as not to jeopardise the safety, regularity and integrity of its operation, in particular with regard to the deposit of easily ignited items, forest management, polishing or deforestation of trees and the afforestation of land; it shall also adjust the relevant procedure, providing for the admissibility of exemptions.

§ 31.

Civil / expensive contact.

(1) The railway undertaking shall adjust its contacts with the citizen so that it is effective and simple and is characterised by rapid action and willingness.

(2) In addition to the general rules, citizens shall be obliged to keep in touch with expensive caution appropriate to the nature of their operations, to refrain from anything that might disturb them or threaten them and to follow instructions issued by the undertaking or by its staff in the performance of their duties.

(3) The details are laid down by the Ministry of Transport by a decree, issued in an agreement with the Ministry of National Security and, as regards municipal undertakings, also in an agreement with the Ministry of Interior and published in the relevant official list.

§ 32.

Entry into the dedicated track circuit.

The Ministry of Transport shall adjust the entry into the dedicated circuit of the railway in agreement with the relevant ministries.

§ 33.

The performance of the safety service on the track by the railway staff.

(1) Staff of a railway undertaking serving in a territory designated for the operation of a railway track in a uniform manner or with a service badge (Section 20 (3)) are entitled, unless it is at the disposal of a national security authority, to establish the identity of the person who commits a criminal offence or conduct which distorts or threatens to protect transport; If necessary, they shall be entitled to detain and surrender such person without undue delay to a national security authority or competent authority.

(2) In agreement with the Ministry of Transport and National Defence, the Ministry of National Security may entrust special sections consisting of employees of the railway undertaking to protect the operation of the railway. Members of these divisions may use weapons in the performance of their duties. In agreement with the Ministry of Transport and National Defence, the Ministry of National Security shall issue more detailed provisions, in particular on the scope of use of the weapon, by a decree published on the relevant official list.

Díl čtvrtý.

Interest in defense of the country.

§ 34.

(1) The railway undertaking shall be obliged to take care of the interests of the defence of the country and to implement measures or facilities imposed on it in that interest by the Transport Administration.

(2) The military administration shall cooperate in the planning and construction of the railways and monitor their maintenance, operation, status and performance in terms of defence of the country and shall set out the resulting requirements. The Transport Administration shall assess these requirements with a technical point of view, issue the relevant decisions to the railway undertaking and supervise their implementation.

§ 35.

(1) The railway undertaking is obliged to establish the terms and conditions of the reduced fares and charges for the carriage of troops and military mail, i.e. for carriage on orders, for purposes and for the account of the military administration. These conditions and rates are approved by the Ministry of Transport in an agreement with the Ministry of National Defence and - as regards municipal enterprises - in an agreement with the Ministry of Interior.

(2) The Government may, by regulation, introduce for railways, after certain types or groups of railways, the effectiveness of certain provisions of the State Defence Act which apply to undertakings which are important for the defence of the country, even if the railway undertakings concerned have not been specifically designated for such undertakings.

(3) The method of transporting military and military mail, training of military personnel in the executive service of the railway, the interaction of military administration with the transport authority and the railway undertaking, as well as the way in which the military administration is satisfied with the railway undertaking about the fulfilment of the obligations imposed on it for the defence of the country, will be adapted by the Ministry of Transport in an agreement with the Ministry of National Defence.

§ 36.

Obligations at a time of increased threat to the state.

(1) The railway undertaking is obliged to take care of the interest of defence of the country before all other interests.

(2) The Railway Administration may take the necessary measures to organise and manage the train operation, to use the rail staff freely and at any point in the track and, where necessary, to freely dispose of the expensive, its accessories, ancillary facilities and ancillary activities.

(3) At the request of the military administration, the national railway undertaking shall take over the operation of any runway; if necessary, military management may take over operations on any runway.

(4) The Government shall determine the additional obligations of the incentive undertakings, in particular the obligation to allow the use of the media by military administration.

(5) Under the rule of law, the government may provide for derogations from the legal rules on the railways.

§ 37.

Transport of members of the National Security and Prison Guard Corps.

The provisions of Paragraph 35 (1) shall apply mutatis mutandis to the carriage of members and consignments of the National Security Corps and the Prison Guard Corps; the mode of transport is determined by the Ministry of Transport in agreement with the Ministry of National Security, in the case of the Ministry of Justice.

§ 38.

Special provisions for local railways.

Obligations under the provisions of § 34 to 37 affect the local railway undertaking only as long as those actions can be carried out with vision to build a runway.

Díl pátý.

Mail transport.

§ 39.

(1) The railway undertaking shall be obliged to carry postal consignments and the staff member shall be accompanied by the competent supervisory authorities.

(2) The details are set out by the Ministry of Transport in agreement with the Ministry of Posts.

Citation	Act No. 97 / 1950 Coll., on Railways
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	25.07.1950
Effective from	01.06.1951
Effective until	-
Status	Valid

Act No. 97 / 1950 Coll.

Railways Act

Contents