Regulations on persons and luggage transport

Publication date: 28.06.2019

Regulations on persons and luggage transport in the urban transport organised by the Metropolitan Transport Authority (ZTM)

Chapter I General Provisions

 § 1

  1. Regulations on persons and luggage transport in the urban transport organised by the Metropolitan Transport Authority (ZTM), hereinafter referred to as ‘regulations’, specify passenger service conditions, terms and conditions of check-in, and passenger and luggage transport conditions as well as an entity competent to receive complaints and claims resulting from the public transport services provision and deadlines for complaints and claims resolution in the urban transport organised by the Metropolitan Transport Authority.

  2. The terms used in the regulation shall mean:

    1. vehicle - a means of transport used by an operator in the urban transport,

    2. operator - an entity providing transport services by vehicles to the order of the Metropolitan Transport Authority,

    3. transport - transport of persons and luggage carried out by operators,

    4. passenger - a person, who concluded a transport contract (in accordance with conditions specified in sub-para. 3).

  1. The moment of entering a vehicle is considered the conclusion of a transport contract.

 § 2

Persons providing transport services, passengers, and other persons participating in the process of transport shall observe the regulations.

 § 3

  1. To ensure safety and to enforce provisions of this regulations and of other legislation during the transport passengers shall comply with guidelines and instructions given by drivers and by other authorised persons.

  2. In the case of an emergency route change the vehicle’s driver shall inform passengers about the change of the fixed route course.

 § 4

The Metropolitan Transport Authority shall not be liable for damage caused by force majeure or originating in particular due to breaks and delays in the vehicles traffic or changes of the journey direction caused by traffic jams, streets and tracks closure or blockage, changes in the traffic organisation or regulations issued by the road or railway track manager or by other bodies authorised to issue regulations and instructions of order or administrative nature.

 § 5

A founder of an article left in a vehicle should notify the vehicle’s driver about the finding.

 

Chapter II Transport of Persons

 § 6

  1. The entering aboard a vehicle and getting out from it is allowed only at stops and once the vehicle has stopped. Persons getting out as well as elderly and disabled persons have priority over persons getting aboard.

  2. It is forbidden to enter and leave the vehicle:

    1. during its movement,

    2. before the door opens entirely,

    3. after a signal notifying the door closing or vehicle’s departure.

  1. Passengers shall leave the vehicle on the last stop of the route:

    1. when this is a stop designated for persons getting out,

    2. when the vehicle finished serving a specific journey,

    3. when it is necessary to perform actions related to a change of journey direction,

    4. in accordance with the vehicle driver’s instruction.

  1. Entering vehicles at termini is allowed at the consent of vehicle’s driver, once actions related to the change of journey direction are finished and the vehicle is placed at the start stop.

  2. The vehicle’s driver shall place the vehicle at the start stop immediately after finishing actions related to the change of journey direction, to enable persons waiting at the stop to take a seat in the vehicle.

  3. In vehicles bearing special marking the ticket inspection is carried out by the driver. Such vehicles are entered by the front door and the other doors are used to get out. Disabled persons may leave the vehicle by the front door.

  4. The driver, carrying out the tickets inspection, having stopped the vehicle at a stop, opens only the front door for passengers getting aboard the vehicle. The other doors are opened only, if passengers travelling by the vehicle notify the intention to get out or in the case, when disabled or elderly persons want to get aboard as well as persons with oversize luggage or persons with children in prams, or an organised group travelling with a guardian. The driver enables also entering the vehicle by all doors, when a larger number of persons at a stop intend to enter the vehicle.

  5. Such passengers are encouraged to enter the vehicle by the front door and to move towards the vehicle’s back, making thereby room for new passengers. Passengers, who have not entered the vehicle by the front door, are requested by the driver to approach and to show a valid ticket for travel, and in the case of enjoying free travel - to present appropriate documents entitling to the concession.

  6. Passengers, who have shown a valid ticket to the driver or a document entitling to free travel, shall take free seats or move to the back part of the vehicle, not to occupy the place for the next passengers getting aboard.

§ 7

  1. The driver shall stop the vehicle at a stop marked ‘at request’, if passengers are present at this stop. Passengers willing to get out at a stop marked ‘at request’ shall in advance notify the driver of that. Such action shall be made with appropriate advance, so that it would be possible to stop the vehicle safely at the stop.

  2. In vehicles equipped with buttons for independent door opening, passengers - once the vehicle stops at the stop - shall open the door on his/her own by pressing a relevant button situated at the door both inside or outside the vehicle both getting aboard and leaving the vehicle.

  3. In areas outside the city centres and at a low vehicle occupancy it is recommended that passengers signal their will to leave the vehicle with appropriate advance.

 § 8

The vehicle’s driver signals the door closing having previously checked, whether all persons getting out have left the vehicle and persons getting aboard are inside the vehicle. It is forbidden to leave a stop before closing the doors.

 § 9

  1. In vehicles there are separate places, marked with a graphical sign (pictogram), for:

    1. persons carrying children and pregnant women,

    2. disabled persons (invalids) and elderly persons,

    3. persons moving on wheelchairs,

    4. prams.

  1. Persons referred to in sub-para 1 cl. 1) - 3) have priority in taking the marked places.

  2. If a passenger is transporting luggage other than a pram in the place specified in sup-para 1 cl. 4, such passenger shall free such places at any request of a passenger with a pram and move the transported luggage subject to provisions of § 12.

  3. To ensure safe transport, disabled persons using wheelchairs or other orthopaedic equipment shall secure them. If the vehicle is equipped with belts or other protecting equipment intended for disabled persons, such persons shall use this equipment.

  4. Carers of children transported in prams shall secure children against falling out from the pram (by fastening the belts, harness, or other pram equipment) and protect the pram against moving inside the vehicle.

  5. Passengers occupying standing places during the travel should grasp handles or handrails to ensure safety.

 § 10

  1. The driver, or another person authorised by the Metropolitan Transport Authority, can refuse transport of persons threatening the safety or order, not complying with order regulations or other universal legislation binding at the transport of persons, in particular persons intoxicated or troublesome for other passengers.

  2. Persons, who despite the refusal to transport them have entered the vehicle or who do not observe this regulations, order regulations or other universal legislation binding at the transport of persons and despite being reprimanded do not comply with guidelines and demands of persons referred to in sub-para 1, shall leave the vehicle at their request.

  3. Persons without a valid ticket, refusing to pay the fare and refusing to show ID to a ticket inspector shall leave the vehicle on demand of the driver or of the ticket inspector.

 § 11

  1. In special cases, like a threat to health or life, offence commitment, order disturbance, violation of regulations controlling transport of persons and luggage or paying the fare in the urban transport organised by the Metropolitan Transport Authority, the vehicle staff is authorised to change the fixed journey route to use assistance of appropriate services, in particular Police, Municipal Guard, rescue-fire-fighting unit, or health care establishment. The vehicle staff is also authorised to change the route on an ad hoc basis in the case of an accident or a temporary road closure.

  2. For causing a stop, delay or change of means of transport route a passenger shall pay an additional charge at the amount specified in the Price list of fares.

  3. The payment of additional charge, for causing a stop, delay or change of means of transport route, does not relieve the person, who caused the stop, delay, or change of means of transport route, from the liability to cover the actual damage at an amount exceeding the imposed charge.

  4. Passengers are liable for any damage caused to the carrier or to other travellers pursuant to rules specified in the legislation.

Chapter III Transport of Luggage

 § 12

  1. Passengers can transport luggage in vehicles, if there is a possibility to place the luggage in the vehicle in such a way, as not to make movements difficult and not to expose to harm persons and property of other passengers, not to block the driver’s view, and not to threaten the traffic safety.

  2. Entering a vehicle passengers should take off their rucksacks and aboard keep them at the floor level.

  3. Luggage and animals cannot be placed on seats.

  4. In the case of breaching by a passenger provisions of sub-para 1 or sub-para 2 and 3, the vehicle’s driver or a ticket inspector can demand complying with those provisions, and in the case of refusal can demand leaving the vehicle by the passenger, together with the transported luggage or animal.

  5. In the case of finding that a passenger has no valid ticket for transport of animals and luggage, a call for payment shall be issued together with indication of the payment deadline.

 § 13

It is forbidden to transport in vehicles:

    1. articles, which can cause harm to other passengers by dirtying or injuring their body or damaging their property, or can damage or dirt the vehicle (e.g. sharp tools, articles with sharp edges, or open containers with grease, paints, chemicals, etc.),

    2. articles that can disturb other passengers or expose them to inconvenience,

    3. inflammable, flammable, explosive articles and other hazardous materials,

    4. articles, which transport by means of public transport is forbidden based on this regulations or separate legislation.

 § 14

  1. It is allowed to transport a dog, provided that the animal is not aggressive, is kept on a lead, and is muzzled. The passenger transporting a dog must have a valid document confirming that the dog has been obligatory vaccinated.

  2. Apart from dogs, also small household pets may be transported in vehicles, provided that they are not troublesome to travellers (e.g. due to noise, smell). The transported animals should be placed in containers intended for animals transport (in baskets, pet carriers, cages) protecting against causing a harm to third persons, in a way that enables safe transport of those animals.

  3. An assistant dog of a disabled person may be transported without muzzle and without lead, but it must have relevant harness. A disabled person travelling with an assistant dog must have a certificate confirming the status of assistant dog and present this certificate at the request of a controlling person.

 § 15

At the request of the vehicle’s driver, of traffic supervision personnel, or of ticket inspectors passengers shall:

    1. place the transported luggage in such a way, as not to make difficult the use of vehicle by other persons,

    2. leave the vehicle together with the transported animal, if it is transported in a way contradictory to provisions of § 14,

    3. leave the vehicle together with the transported luggage, if it comprises articles specified in § 13 of the regulations,

    4. present the document, referred to in § 14 sub-para 1 and 3.

 § 16

Passengers shall ensure supervision of the transported luggage or animals and take any actions necessary to prevent a possibility of causing damage by the transported articles or animals.

 

Chapter IV Complaints and Claims

 § 17

  1. Complaints and claims resulting from the provision of urban transport services are received, considered and handled in accordance with general rules, predicted in relevant legislation, including provisions of the Transport Law.

  2. Passengers submit complaints and claims, referred to in sup-para 1, in writing at the office of the Metropolitan Transport Authority (Katowice, ul. Barbary 21A) or at Passenger Service Points. The current list of points is displayed on the website of the Metropolitan Transport Authority. It is also possible to file a complaint/claim in an electronic form, via the Customer Portal, by e-mail, or by phone.

  3. The filed complaint or claim shall contain:

    1. date of complaint/claim making,

    2. name and surname (name) and the address of residence (office) of the person filing the complaint / claim,

    3. title and grounds for the complaint/claim as well as the date, time, and place of incident, number of line, number of vehicle, and the direction of journey,

    4. the amount of claim (separately for each transport document),

    5. documents confirming the conclusion of a transport contract, e.g. a ticket, and in the case of using concession or free travel a document confirming the right to free or concession travel or the number of ŚKUP card - in the case, where the ticket or the right to concession or free travel is recorded on the ŚKUP card,

    6. signature of the person authorised to file the complaint/claim.

  1. Passengers can also file a complaint/claim directly to the operator performing the transport. The contact data of operators are displayed on the website of the Metropolitan Transport Authority.

§ 18

  1. The reply to the complaint/claim will be provided immediately, not later than within 30 days of the complaint/claim receiving by the Metropolitan Transport Authority / operator.

  2. If the filed complaint/claim does not meet the conditions, referred to in § 17sub-para 3 of the Regulations, the Metropolitan Transport Authority shall call the person filing the complaint/claim to remove deficiencies within 14 days of the call receipt, with instruction, that the non-removal of deficiencies by that deadline will result in leaving the claim unconsidered. Then the date of receiving by the Metropolitan Transport Authority of the supplemented complaint/claim is considered the date of claim filing.

  3. Replies to claims shall comprise:

    1. information about allowing the claim or not;

    2. subject-matter reasons providing the legal grounds in the case of not allowing the claim (in whole or in part);

    3. in the case of awarding compensation - the allowed compensation amount and the information about the date and method of its payment;

    4. in the case of amount due returning - the amount specification and the information about the date and method of its payment;

    5. instruction about the right to appeal to locally competent court;

    6. signature of the person authorised by the Metropolitan Transport Authority / operator.

  1. If a passenger appeals against not allowing the claim (in whole or in part) the Metropolitan Transport Authority / operator within 14 days of the appeal receiving can change the decision, if a wrong assessment of the actual situation was made or if new, significant for the case, circumstances have been revealed, not known beforehand.

  1. The non-replying by the Metropolitan Transport Authority / operator to a claim within the required period results in allowing the claim.

  1. Funds related to the claim request will be transferred to the passenger without undue delay, maximum within 14 days of replying the claim, allowing the passenger claim.

Chapter V Final Provisions

 § 19

The regulations shall be published in the Public Information Bulletin (BIP) of the Metropolitan Transport Authority, and based on this regulations excerpts will be prepared, which will be disclosed to the public by placing them aboard vehicles and in Passenger Service Points.

§ 20

The relevant provisions of the Civil Code, of the Act of 15 November 1984 on Transport Law (Dz. U. of 2017, item 1983 with amendments), and of the Act of 16 December 2010 on Collective Public Transport (Dz. U. of 2018, item 2016) shall apply to matters unsettled herein.