Publication: Magyar Közlöny
Issue: MK-2011-126 (Year: 2011, Number: 126)
Era: contemporary
Section: 2011. évi CXXXIX. törvény
Paragraph Index: 122

g) "safety certificate" means the document attesting, in accordance with the laws and prescriptions in force in the State in which the infrastructure is located, that so far as concerns the carrier, – the internal organisation of the undertaking as well as – the personnel to be employed and the vehicles to be used on the infrastructure, meet the requirements imposed in respect of safety in order to ensure a service without danger on that infrastructure. Article 4 Mandatory law Unless provided otherwise in these Uniform Rules, any stipulation which, directly or indirectly, would derogate from these Uniform Rules, shall be null and void. The nullity of such a stipulation shall not involve the nullity of other provisions of the contract. Nevertheless, the parties to the contract may assume a liability greater and obligations more burdensome than those provided for in these Uniform Rules or fix a maximum amount of compensation for loss of or damage to property. TITLE II CONTRACT OF USE Article 5 Contents and form § 1 Relations between the manager and the carrier or any other person entitled to enter into such a contract under the laws and prescriptions in force in the State in which the infrastructure is located shall be regulated in a contract of use. § 2 The contract shall regulate the necessary details for the determination of the administrative, technical and financial conditions of use. § 3 The contract must be concluded in writing or in an equivalent form. The absence or irregularity of a written form or equivalent form of contract or the absence of one of the matters specified in § 2 shall not affect the existence or the validity of the contract which shall remain subject to these Uniform Rules. Article 5bis Law remaining unaffected § 1 The provisions of Article 5 as well as those of Articles 6, 7 and 22 shall not affect the obligations which the parties to the contract of use of infrastructure have to meet under the laws and prescriptions in force in the State in which the infrastructure is located including, where appropriate, the law of the European Community. § 2 The provisions of Articles 8 and 9 shall not affect the obligations which the parties to the contract of use of infrastructure have to meet in an EC Member State or in a State where Community legislation applies as a result of international agreements with the European Community. § 3 The provisions of §§ 1 and 2 concern in particular: – agreements to be concluded between railway undertakings or authorised applicants and infrastructure managers, – licensing, – safety certification, – insurance, – charging involving performance schemes to minimise delays and disruptions and improve the performance of the railway network, – compensation arrangements in favour of customers and – dispute resolution. Article 6 Special obligations of the carrier and the manager § 1 The carrier must be authorised to undertake the activity of a carrier by rail. The personnel to be employed and the vehicles to be used must satisfy the safety requirements. The manager may require the carrier to prove, by the presentation of a valid licence and safety certificate or certified copies, or in any other manner, that these conditions are fulfilled. § 2 The carrier must notify the manager of any event which might affect the validity of his licence, his safety certificates or other elements of proof. § 3 The manager may require the carrier to prove that he has taken out a sufficient liability insurance or taken equivalent measures to cover any claims, on whatever grounds, referred to in Articles 9 to 21. Each year, the carrier must prove, by an attestation in due form, that the liability insurance or the equivalent provisions still exist; he must notify the manager of any modification relating to them before it takes effect. § 4 The parties to the contract must inform each other of any event which might impede the execution of the contract they have concluded. Article 7 Termination of the contract § 1 The manager may rescind the contract forthwith when

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