Konstrukcja prawna licencji w transporcie kolejowym
Legal construction of licenses in railway transport

Summary/Abstract: A license, which is an administrative decision, is present in many Polish legal acts. The paper is related to the legal construction of licenses issued under the regulations set forth in the Railway Transport Act dated 28th of March 2003. The legislator lists two types of licenses, i.e. a locomotive driver license and a license for rail transport of people and goods or for rail traction services, which are issued by the President of the Office of Rail Transport. The aim of this paper is to prove the proposition of a separate nature of the two licenses in rail transport. The locomotive driver license bears the features of a professional license and is a constrained decision. On the other hand, the license for rail transport of people and goods or for rail traction services can be defined as a business activity permit. It should also be stressed that the regulations concerning licenses in rail transport correspond with the European Union law.

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