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Official Translation Official Translation REPUBLIC OF LITHUANIA LAW ON THE AMENDMENT OT THE REPUBLIC OF LITHUANIA LAW ON THE BASICS OF TRANSPORTATION ACTIVITY October 8, 1991 No. I-1863 Vilnius (new edition by February 28, 2002. No. IX – 747) Article 1. New Edition of the Republic of Lithuania Law on the Basics of Transportation Activity To amend the Republic of Lithuania Law on the Basics of Transport Activity and to render it as follows: “ REPUBLIC OF LITHUANIA LAW ON THE BASICS OF TRANSPORTATION ACTIVITY CHAPTER I GENERAL PROVISIONS Article 1. Purpose of the Law 1.This Law shall determine the general principles of the public administration of the transport of the Republic of Lithuania, activity of the carriers (operators) and administrators of the transport infrastructure, State assistance in developing the infrastructure of transport and general principles of administration thereof, legal status of the administrators of transport infrastructure their relations with the owners and customers of the transportation infrastructure, obligation of public servicing, safeguarding of traffic safety and other relations linked with regulation basics of transportation activity. 2.This Law shall not regulate military, self-propelled and tube transportation activity, if other laws fail to establish something else. Article 2. Basic Definitions of this Law 1. Charge - means the fee set by the owner of an object of infrastructure for use of the object of transportation infrastructure, which is paid by the customer of the object of transportation infrastructure to the administrator (owner) of the object of transportation infrastructure. 2. Transportation – means an integral part of the Republic of Lithuania economy and social infrastructure, intended to fulfil the needs of the public and economic entities to carry passengers, baggage and (

  1. or)cargo. 3. Transport infrastructure means the full array of land and water routes, traffic control systems, structures linked to these (between them and the buildings), specially outfitted areas and equipment and constructions intended to ensure transport activities. 4. Object of transport infrastructure - means an element of transport infrastructure, which may be separated from other objects of the infrastructure and function independently. 5. Customer of the object of transport infrastructure - means the owner or administrator of the vehicle also, an economic entity, whose activity is possible only in using the object of the transport infrastructure. 6. Administrator of the object of transport infrastructure - means a natural or legal person who is administering an object of transportation infrastructure on a legal basis. 7. Transport objects - means transport infrastructure, vehicles and other technical, technological and traffic control means linked to transport activities. 8. Vehicle- means any power-driven mechanism or a combination of mechanisms, intended for carriage passengers, baggage and (
  2. or)cargo. 9. State technical inspection (control) of a vehicle - means the mandatory periodic inspection of the technical condition of a vehicle registered in the Republic of Lithuania, in accordance with the procedure established by the legal acts. 10. Transportation activities - the administration, development and supervision of the carriage of passengers, baggage and (
  3. or)cargo, by vehicles, by railways, roads, air and water transportation, road construction and maintenance and also other activities directly linked to the transport infrastructure, and passenger, baggage and (
  4. or)cargo carriage. 11. Carrier (operator) means an enterprise which is engaged in transportation activities (carriage of passengers, baggage and (
  5. or)cargo) and conforms to the conditions and requirements set forth by the Republic of Lithuania laws. 12. Public transportation infrastructure means the transport infrastructure, belonging to the State or the local governments by the right of ownership and intended to fulfill the needs of the public in the carriage of passengers, baggage and cargo. 13. Public service obligations means obligations to organise labour, to carry and adhere to established tariffs, which the carrier (operator), mindful of commercial interests would not assume or would not assume to such an extent or with the same conditions; obligation to organise labour, that is, the obligation set forth for the carrier (operator), who has the right to work in accordance with a license or permit with respect to any route, in order to ensure the continuity, regularity and appropriate scope of the supply of transport services; an obligation to carry, that is an obligation, set for the carrier (operator) to accept passengers or cargo, applying specific tariffs and according to the established conditions; an obligation regarding the tariffs namely, an obligation set for a carrier (operator), in order that he would apply to certain passenger categories, to certain cargo categories or to appropriate routes, the tariffs, which do not conform to the commercial interests of the carrier (operator), approved by the State or local government institutions. Article 3. Safeguarding of Transportation Activities The State shall ensure by legal and if necessary, by financial means the following: 1) the availability of the objects of public transport infrastructure by equal legal non-discriminating conditions to all internal (country) customers of the objects of transportation infrastructure and also, the customers from abroad, guided by the international agreements and pacts; 2) the separation of the activity of the administration of the transportation infrastructure and the carrier (operator); 3) the establishment of non-discriminating conditions for carriers (operators) to enter the transportation services market; 4) the independence of carriers (operators), and also free and fair competition in the market of transportation services; 5) the functioning of the infrastructure of public transportation and the development thereof in accordance with the objective programmes of the State; 6) promotion of the creation and development of the system of combination carriers and also, based upon the same principle, the promotion of transit. Article 4. Public Administration of Transport 1. The Government, the Ministry of Transport and Communications and municipal institutions shall perform public administration of transport. 2. The Government shall form a balanced State policy of transport and coordinate its implementation. 3. The Ministry of Transport and Communications shall: 1) implement the State transport policy; 2) organise the drafting of strategic programmes of the development of the transport system including among them, the development, modernisation of the infrastructure of public transport, traffic safety and environmental protection and ensure implementation thereof; 3) participate in drafting certain international projects and programmes of transportation infrastructure and in the implementation thereof; 4) establish the mandatory requirements to be implemented by the State enterprises, State institutions and associations, for the administrators of the objects of transport infrastructure and customers of the objects of transportation infrastructure; 5) coordinate the interaction of all modes of transport; 6) within the scope of its competence emit legal acts and directly or through authorised institutions control, how these acts are being implemented; 7) perform the other functions set forth in this Law and other legal acts. 4. The municipal institutions shall form the strategy of local public transport activity and organise the implementation thereof. Article 5. Modes of Transport According to this Law the transport modes are as follows: railway, road, sea, air and internal waterway transport. The characteristics of the activities of these transport modes as well as those of combination carriers shall be set forth in the laws on special modes of transport and codes and other legal acts. Article 6. Property of Transport Objects 1. The objects of transport may belong to the State of Lithuania, municipal institutions, and the natural and legal persons of the Republic of Lithuania and foreign states, by the right of ownership. 2. The public railways, roads of national significance, the infrastructure of international airports, flight control system equipment, internal waterways of national significance, infrastructure of State seaports are the property of the State of Lithuania. 3. The objects of the public transport infrastructure may not be used to ensure the obligations of third parties. The exactions according to the demands of creditors may not be directed towards them. 4. The administrator of the public transport infrastructure shall administer the objects of public transport infrastructure, land, waters (water areas), other attached or created property, shall use and dispose of property trust rights guided by this and other laws, administrative act or contract. Article 7. Regulation of Legal Relations of Transportation 1. The international agreements of the Republic of Lithuania, this Law, laws on special modes of transport and codes and also, other legal acts shall regulate the legal relations of transport. Should the provisions, which are set forth in the special laws and codes of the transport types, be different from those in this Law, the provisions of the special laws and codes of special modes of transport shall apply. 2. Should the international agreements of the Republic of Lithuania establish other regulations than this Law, the provisions of the international agreements shall apply. Article 8. Licensing of Transportation Activity 1. The economic and commercial activity spheres being licensed shall be established in the laws and codes of special modes of transport. A license for each of the economic commercial spheres of transport activity set forth in these laws, the licenses (permits) shall be issued according to the licensing regulations approved by the Government. 2. An enterprise, which desires to obtain a license (permit), must meet the requirements of a good reputation, professional competence and financial capacity and financial capability. These requirements shall be provided in detail in the regulations set forth in paragraph one of this Article. Other requirements as well, may be set forth in the regulations, depending on the characteristics of the corresponding mode of transport. Article 9. Tariffs, Prices, Charges 1. The tariffs and prices of the services of transport activity shall be based upon the principles of free market pricing and established by agreements between the parties, if other laws do not establish something to the contrary. 2. All the customers of the transport infrastructure must pay the charges for the use of the transport infrastructure to the administrator (owner) of the object of the transport infrastructure. The amount of the charges and the procedure of payment thereof shall be determined by the owner of the object of transport infrastructure, taking into account the expenses needed for the operation of these objects. 3. The funds received for the use of the public transport infrastructure, shall be employed only to ensure the functioning of this infrastructure and to fund the programmes set forth in paragraph two of Article 15 of this Law. Article 10. Traffic Safety in Transport 1. Observing technical, technological, social and organisational requirements for transport infrastructure, vehicles and traffic participants, shall ensure traffic safety. 2. The international agreements, laws and other legal acts of the Republic of Lithuania shall determine the requirements of traffic safety of the individual modes of transport. 3. The Government or an institution authorised by it shall set the regulations of the State technical inspection (supervision) of vehicles and the implementation thereof. An institution authorised by the Government shall according to the method approved by it, determine the number of the enterprises, which perform the state technical inspection (supervision) and their distribution throughout the territory of the country, taking into account the need for State inspection (supervision), enterprises may carry out State inspection (supervision) only having the powers (permits) issued to them by an authorized institution. The licensee (permits) shall be issued by contract or by an administrative act. 4. The Government or an institution authorised by it shall establish the procedure of vehicle registration and implementation thereof. An institution authorised by the Government shall, according to the method approved by it, determine the number of enterprises conducting the vehicle registration, taking into account the need for vehicle registration and the distribution of the vehicles throughout the territory of the country. 5. The objects of transport infrastructure shall be acknowledged as fit for use in accordance with the procedure set forth by the Law on Construction and other legal acts. 6. The Government or the institutions authorised by it shall establish the procedure for acquiring a licence to drive (steer, pilot) a vehicle. Special laws on vehicle modes and codes or the Government or its authorised institution shall set the procedure of recognition in the Republic of Lithuania. Of granting a licence to drive (steer, pilot) vehicle documents, acquired in other states. Article 11. Environmental Protection and Other Requirements 1. The entities of transport activity must implement the requirements of environmental protection, carriage of dangerous cargo, work safety, work and rest schedules and hygiene, established by the international agreements, laws and other legal acts of Republic of Lithuania. For non-adherence to these requirements, violators shall be liable according to the procedure established by the laws. 2. The objects of public transport, which are intended for passenger service, must be thoroughly adapted for comfortable and safe use by the handicapped. Article 12. Combination Carriage 1. Combination carriage, meaning the carriage of cargo using at least two modes of transport, when that same cargo carried in a lorry, trailer or semi-trailer (with or without a tractor), a changing receptacle or a container measuring 20 or more feet, for the larger portion of the route is being carried by rail, internal waterways or sea transport, and the initial and (
  6. or)final portion of the route, via road vehicles. 2. The Government may establish the measures of promoting the competitiveness of combination carriage. Article 13. Organisation of Public Servicing 1.The Government or an institution authorised by it, and (
  7. or)the institutions of local governments shall ensure the provision of necessary transport services to the public. The Government or an institutions authorised by it and (
  8. or)municipal governments, shall compensate for the damages incurred by the drivers (operators) owing to the provision of these services. The drivers (operators) for these public service commitments shall be selected on the basis of a tender. 2. The Government shall establish the procedure of organizing of the tender and of forming and cancellation of the contracts of public services. The Government or an institution authorised by it and (
  9. or)a municipal institution shall draw up the contracts for public service with the winner of the tender, in which the conditions of passenger carriage (service quality, continuity of activity, regularity, scope and other requirements) and also, the amount and procedure of the pay for the services being rendered. The contract of public service shall be in force for up to five years. 3. The Government or an institution authorised by and (
  10. or)the municipal institution having adopted a decision to terminate the public service must create an opportunity for the public to make use of an alternative transportation service. CHAPTER II ADMINISTRATION AND DEVELOPMENT OF INFRASTRUCTURE OF PUBLIC USE Article 14. Types and Administrators of Transportation Infrastructure 1. The transport infrastructure shall be public and private. 2.The State or local governments shall be the owners of the public transport infrastructure. 3. A natural or legal person shall be the owner of private transport infrastructure. 4. The Government or an institution authorised by it or a municipal institution shall appoint the administrator of the public transport infrastructure. A tender shall be published for the selection of an administrator or an enterprise shall be founded to administer the public transport infrastructure. Article 15. Special Features of Activities of Administrator of Public Transport Infrastructure 1.In guaranteeing optimal functioning of this object and balancing of expenses and income, the administrator of the object of public transport infrastructure shall: 1) create an opportunity for use the object of public transport infrastructure under non-discriminatory conditions; 2) ensure that the object of public transport infrastructure would conform to the traffic safety environment and other requirements, set forth in Articles 10 and 11 of this Law, suitably oversee, modernise and develop the objects of public transport infrastructure. 2. The funds obtained from the use of the public transport infrastructure (seaport charges, and also, charges for air navigation services and the use of airports, railway infrastructure, income, which has been obtained from the lease of seaport land, and the funds of road maintenance and development programme) the administrator shall use according to the estimate approved by the owner of the object of public transport infrastructure or an institution authorised by him and approved special programmes to implement the goals set forth in paragraph 1 of this Article. Article 16. Funding of Public Transport Infrastructure 1. The implementation of the programmes of the creation, development and modernisation of the programmes of public transport infrastructure shall be funded from the following sources of funding: 1) the charges set forth in paragraph 2 of Article 9; 2) the National Budget; 3) loans received in the name of the State or with a State guarantee; 4) the funds obtained applying the financial mechanisms of progressive private and public (State and (
  11. or)municipal) capital partnership; 5) support being received; 6) European Union funds. 2. Non budgetary money funds may be founded to finance the individual modes of public transport infrastructure, provided this shall be coordinated with the European Community law or the procedure established by the Law on the Budget Structure or the drawn up programme. Article 17. Administrative Control of Public Transport Infrastructure State and (
  12. or)municipal institutions shall control the activities of the administrator of public transport infrastructure in accordance with the procedure established by laws. Article 18. Relations of Administrator of Public Transport Infrastructure The interrelations between the owner and the administrator of the public transport infrastructure shall be established by a property trust contract. I promulgate this Law passed by the Seimas of the Republic of Lithuania. President of the Republic VALDAS ADAMKUS

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