Scientific and technical monthly journal of the Polish Association of Transport Engineers and Technicians 1 2017 vol. 72 price 25,00 zł przegląd including 5% VAT komunikacyjny TRANSPORTATION OVERVIEW

CulturalCultural heritageheritage ofof thethe railwayrailway

Narrow-gauge heritage railways - opportunities and threats. Polish achievements in comparison to experiences neighboring countries. Animal tra! c on the road. Limitation in the tra! c. Legal regime related to the tra! c organisation. Consistency and certainty of the road marking system as a subject of protection based on the o" ence law. Analysis of the characteristics of the o" ence from article 85 § 1 of o" ence code. The Analysis of Threats Arising from the Relations of Dangerous Cargoes and the Rail-Road Infrastructure Illustrated by the Case of Selected Regions of . eISSN 2544-6037 Youth and transport on the periphery – the image and using of local passengers transport of young people journey in Wschowa county (Lubuskie Voivodeship)

On the cover: The Harz Mountain Railway , Ariel 1/2017 Ciechański przegląd vol. 72 komunikacyjny

Dear readers! Contents:

We start editing the entire numbers of the Transportation Overview in En- Narrow-gauge heritage railways - opportunities and threats. Polish glish. For the year 2017, they will cover only scienti! c articles, which is the achievements in comparison to experiences neighboring countries main content of the journal. In subsequent years, we plan to expand the En- Ariel Ciechański 2 glish version of the monthly, but keep the source material in Polish. Both ver- Animal tra! c on the road. Limitation in the sions are and will be available via the website. tra! c. Legal regime related to the tra! c organisation Małgorzata Klaudia Kozłowska 10

Consistency and certainty of the road marking system as a subject of protection based on the o# ence law. Analysis of the characteristics of the o# ence from article 85 § 1 of o# ence code With respect: Małgorzata Klaudia Kozłowska 15 Maciej Kruszyna (Deputy Transportation Overview) The Analysis of Threats Arising from the Relations of Dangerous Cargoes and the Rail-Road Infrastructure Illustrated by the Case of Selected Regions of Poland Zbigniew Matuszak, Agnieszka Michaluk, Marek Jaśkiewicz, Józef Stokłosa, Karol Zielonka 20

Youth and transport on the periphery – the image and using of local passengers transport of young people journey in Wschowa county (Lubuskie Voivodeship) Michał Suszczewicz 26

Publisher: Scienti" c Council: Articles published in the "Transportation Overview" are Stowarzyszenie Inżynierów i Techników Marek Ciesielski (Poznań), Antanas Klibavičius (Wil- available in databases of 20 technical libraries and are Komunikacji Rzeczpospolitej Polskiej no), Jozef Komačka (Žilina), Elżbieta Marciszewska indexed in databases: 00-043 Warszawa, ul. Czackiego 3/5 (Warszawa), Bohuslav Novotny (Praga), Andrzej S. BAZTECH: http://baztech.icm.edu.pl www.sitk-rp.org.pl Nowak (Lincoln, Nebraska), Tomasz Nowakowski Index Copernicus: http://indexcopernicus.com (Wrocław), Victor V. Rybkin (Dniepropietrovsk), Ma- Editor in Chief: rek Sitarz (Katowice), Wiesław Starowicz (Kraków), Antoni Szydło Hans-Christoph Thiel (Cottbus), Krystyna Wojewódzka- Subscription: -Król (Gdańsk), Elżbieta Załoga (), Andrea Zuzu- Details and order form on the site: Editorial o! ce: lova (Bratysława) www.przeglad.komunikacyjny.pwr.wroc.pl Krzysztof Gasz, Igor Gisterek, Bartłomiej Krawczyk, Maciej Kruszyna (Z-ca Redaktora Naczelnego), Agniesz- Program Board: ka Kuniczuk - Trzcinowicz (Redaktor językowy), Piotr Mirosław Antonowicz, Dominik Borowski, Leszek Kraw- Archive numbers from 2004-2009 can be ordered in the Mackiewicz (Sekretarz), Wojciech Puła (Redaktor czyk, Marek Krużyński, Leszek W. Mindur, Andrzej Żur- Kraków Branch of SITK, ul. Siostrzana 11, 30-804 Kraków, statystyczny), Wiesław Spuziak, Robert Wardęga, kowski tel./faks 12 658 93 74, [email protected] Czesław Wolek Declaration on the main version of the journal Printing: Editorial address for correspondence: The main version of the magazine is the paper version. Drukarnia A-Zet, 52-131 Wrocław, ul. Buforowa 34a E-mail: Summaries and the articles in Polish and English are ava- Przemysław Wołczuk, [email protected] [email protected] ilable on the journal's website. Advertising: traditional: The journal is placed on the list of the Ministry of Science and Piotr Mackiewicz, Maciej Kruszyna Higher Education ( 8 points for the peer-reviewed article). Marketing department: [email protected] Politechnika Wrocławska, Wybrzeże Wyspiańskiego 27, 50-370 Wrocław The editors reserve the right to make changes in mate- Edition: 800 copies Fax: 71 320 45 39 rials that are not subject to review. 1 1 / 2017 przegląd komunikacyjny Rail transport Narrow-gauge heritage railways - opportunities and threats. Polish achievements in comparison to experiences neighboring countries Dziedzictwo kulturowe kolei wąskotorowych w turystyce – szanse i zagrożenia. Dokonania polskie na tle doświadczeń krajów ościennych

Ariel Ciechański

dr

Instytut Geogra i i przestrzennego Zagospodarowania im. St. Leszczyckiego PAN

[email protected]

Abstract: Heritage railways are very important component of local economies transport in many European countries. Unfortunately, this segment of the tourism market in Poland seems be still regarded as almost non-existent or often superfl uous. Meanwhile, our country ente- red in new economic and political conditions with technically underdeveloped rail with its archaic rolling-stock not only in comparison to railways in western countries, but also to some of the countries of the socialist bloc. There was observed of hundreds working steam loco- motives and dozens of narrow gauge railways in every day freight and passenger services. It should be noted that from the perspective of 25 years of transformation, unfortunately, this heritage was mostly lost. Number of still active steam locomotives from year to year drastically decreased. Many very interesting narrow-gauge railways was closed and scrapped. This disquieting trend unfortunately is still observed and there are barriers in development of this kind of tourist attractions which can make future even of existing heritage railways uncertain. It is therefore necessary to compare Polish experiences with similar from neighboring countries like Czech Republic and Slovakia. The author also refers to the Russian experiences of as lying almost at the opposite side.

Keywords: Narrow-gauge railways; Railway tourism; Transformation-economic and political system

Streszczenie: Wykorzystanie turystyczne obiektów związanych z dziedzictwem kulturowym transportu kolejowego w wielu krajach eu- ropejskich stanowi istotny element gospodarek lokalnych. Niestety w Polsce można odnieść wrażenie, że ten segment rynku turystyczne- go jest traktowany wciąż jako niemalże nie istniejący, a często wręcz zbyteczny. Tymczasem kraj nasz w nowe warunki gospodarowania wchodził z mocno zapóźnioną technicznie koleją stanowiącą samą w sobie swoisty skansen, wyróżniający się archaicznością nie tylko na tle kolei zachodnich, ale także części krajów bloku socjalistycznego. Wciąż utrzymywano w ruchu setki parowozów, a dziesiątki kolei wąsko- torowych codziennie woziło jak przed laty towary, a w wielu przypadkach także pasażerów. Z perspektywy 25 lat niestety należy stwierdzić, że dziedzictwo to zostało w większości utracone. Liczba czynnych parowozów z roku na rok drastycznie malała, zamykano kolejne odcinki nierzadko bardzo interesujących kolei wąskotorowych, a budynki i budowle związane z historią transportu kolejowego ulegały silnej, często celowej degradacji. Co gorsze zniżkowy trend utrzymuje się nadal, a bariery w rozwoju tego typu atrakcji turystycznych sprawiają los nawet istniejących wciąż jest niepewny. Dlatego konieczne jest zestawienie polskich doświadczeń z tym co możemy zaobserwować w innych kra- jach, szczególnie zlokalizowanych w sąsiedztwie Polski – szczególnie Czech i Słowacji. Autor odwołuje się także do doświadczeń rosyjskich, jako leżących niejako na przeciwnym biegunie.

Słowa kluczowe: Koleje wąskotorowe; Turystyka kolejowa; Transformacja-gospodarczo ustrojowa

The use of tourist facilities related museums railways, but there are a tional chapels - some of them were to the cultural heritage of railway lot more historic railway rolling stock already permanently or temporarily transport in many European coun- in the country - in 2000 there were unavailable. [2]. tries is an important component of 440 such entities in Germany [5]. This article will explore the use local economies. For example, histo- Unfortunately, in Poland one can get of facilities related to the history of ric railways in the United Kingdom the impression that this segment of narrow gauge railways operating were visited in 2002 by 5.4 million the tourist market is still regarded as from the mid 1970s until the pre- visitors, generating revenues of £ 39 almost non-existent. In 2011, the- sent as tourist attractions in Poland. million and providing employment re were almost 30 narrow gauge For comparison, the use of narrow- for nearly 1,100 people. [3] The Ger- railways with a total length of 480 -gauge railways in daily traffi c in the man branch of the VDMT is home km and more than 25 open air mu- Czech Republic, Germany and Swit- to about a hundred museums and seums, railway museums and tradi- zerland is highlighted. Also discus-

2 przegląd komunikacyjny 1 / 2017 Rail transport sed are the examples of the process On the basis of the analysis, which and presents potential solutions to of shaping this type of attraction in also includes shortened case studies the problems. the Czech Republic and Slovakia, in Poland and abroad, conclusions and also refer to the Russian expe- are drawn about the opportunities Tourist use of narrow-gauge rience. as lying on the opposite pole. and threats posed by such objects railways before separation from the structure of PKP company

Prior to the economic and political transformation, the use of the tech- nical heritage of the railways in Po- land in tourism was mainly directed to the establishment of the Warsaw Railway Museum set up in 1972. In the same year, the Narrow Gauge Railway Museum in Venice (Branch of the Regional Museum in Byd- goszcz) was launched, followed by the tourist trains in Żnin-Wenecja- -Gąsawa in 1976. Moreover, the to- urist transport was provided by the Bieszczady Forest Railway, but it was an activity accompanying the trans- port of wood. In the early nineties to this group joined Sochaczewska rail given the use of the Warsaw Ra- ilway Museum. At the same time it is important to remember that nar- row-gauge railways still played their original role, though due to the gro- wing crisis in a much more limited way. However, the new conditions of the economy were technically late, as a kind of open-air museum (Photo 2). This made it possible to adapt them to the needs of touri- sts at a relatively low cost. Hence, 1. Former narrow-gauge railways used by tourists in 2015 in response to declining demand, the introduction of scheduled and non-partisan tourism has begun. The lack of marketing experience among the railwaymen, however, made it particularly notable that the fi rst off er did not produce the expec- ted economic results.Narrow-gauge railways in Poland have survived in normal operation until 2001, when PKP SA suspended the passenger traffi c in summer and in the autumn also included in its network all the networks of its type. In the next 2-3 years a battle ensued to save at least 2. Średzka Commuter Rail in 1997, served planned passenger tra$ c from the sixties and seventies of some of them. Act on Restructuring, the twentieth century. Own study Commercialization of PKP Privati-

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zation [13] allowed free transfer of Narrow-gauge tourist and infrastructure recovery. Hence, for assets to the self-governments of museum railways after the example in the case of the Ełk, Heli- all three levels. The lovers of railways restructuring of PKP goland or Gniezno trains, there was have managed to encourage some a signifi cant reduction in the opera- local governments to take over the Unlike what we observe in Germa- tion of the lines, and in the case of narrow-gauge railway. Typically they ny, the United Kingdom, or even the the średzka railroad, the total utiliza- were fi rst handed over to the rolling Czech Republic, tourist attractions tion of the only fully loaded effi cient stock, while the property was for the related to the technical heritage of steam locomotive. unsettled legal situation only in len- narrow-gauge railways in Poland are On the other hand, pathological ding. In the case of the railway parts, still a domain of the public sector. behavior is reversed - the self-go- unfortunately, for 15 years after the Many active lines are still owned by vernment of the Rewal municipality cessation of their normal operation, PKP SA, and local governments do decisively and unnecessarily over-in- the ownership issues have still not not use lenders until ownership is vested the EU funds in the Seaside been settled and although they are settled. There are also railroads such Narrow- Gauge Railway linking Gry- in the possession of local govern- as rogowska or żuławska, which are fi ce with Trzesacz, Rewal, ments, they still belong to PKP SA. A handed over to local self-govern- and Pogorzelica Gryfi ce. The moder- large group of railways unfortunate- ments (fi g. 1). nization of rolling stock and the con- ly did not manage to develop. They At the beginning of the railway struction of new railway buildings, were abandoned, devastated and service (also in the area of regular which are reasonable in use, are then largely physically abolished. traffi c!) local governments often justifi ed by the concerns of the au- In the present situation, it was ne- outsourced NGOs. Nowadays, in thors of the proposal for EU funding cessary to develop new operators of many cases, the opposite trend can under a large question mark. The re- narrow-gauge railway in Poland. Z. be observed. The service of the na- alization of this project strongly jol- Taylor and A. Ciechański [12] distin- łęczowska, przeworska or śmigielska ted the fi nances of the community guish three basic types of railway from the hands of the once real nar- of Rewal, bringing it to the brink of carriers: row-gauge tycoon - Association of bankruptcy. Railways Local Transport from Kalisz Most local governments, howe- I. non-governmental organiza- (SKPL) took over units subordina- ver, totally refuse to invest not only tions (NGOs): associations, foun- te to local governments. However, in railroad leased but also directly dations, railroad enthusiasts or there is a lack of ideas not only to managed by themselves. In addi- members of local communities, expand and make the off er more tion, the instability of the Polish II. organizational units of self-go- attractive, but also to maintain the self-government system, which is vernments or companies cre- level. Very infamous example is Śmi- expressed inter alia by the disconti- ated by local governments, whe- gielska Commuter Rail, which is sup- nuity of power, also imprints on the re the tourist railway is located, ported by SKPL's traditional role in narrow gauge railway managed by III. other entities, i.e. private compa- the transport of tourist passengers non-governmental organizations. nies, institutions or companies and freight. The direct operation by The inequality in relation to self- not affi liated with local govern- the town council and the Śmigiel -governments of the narrow gauge ment. municipality resulted in a signifi cant railways results in minimizing the reduction of the off er only to several investment of own funds (directly It seems that the process of resto- tourist trips per year. The only way to and as own contributions in subsidi- ring to the narrow gauge railway has recapitalize the railway was the sale zed competitions). According to the been practically completed. In spite of a part of rolling stock (similar ca- author, this is a way of avoiding the of attempts to exploit them in nor- sus is also observed in Gniezno). The situation where, once the railroads mal passenger and freight traffi c, the lack of ideas for the use of narrow- reach high standards of exploitation only function that is fi nally adopted -gauge railways unfortunately lead and tourism, the local government is the tourist function. to their gradual decline. In the next will solve the operator's contract few years, it is expected that some and, in the framework of political di- of the low-turn railways managed stribution, hand over to the people by local governments or their subsi- from their own political background. diaries will be closed. There is a lack Seldom, as in the case of the Bytom- of awareness that there is a constant -Silesian province narrow railway, it need to spend a lot of money on is possible to meet with signifi cant

4 przegląd komunikacyjny 1 / 2017 Rail transport support of self-governments, espe- cially in the case of rolling stock re- pairs, as well as subsidies for train journeys. However, it can not be ignored that the lovers of railways themse- lves also contribute to the exclusion of several narrow gauge railways from a group of already existing tourist attractions. The most spec- tacular example here is the railway leading from Piotrków Trybunalski to Sulejów, which was liquidated as a result of, inter alia, the confl ict be- tween the railroad association and the self-government, conservators and railroads. Since the fi rst half of the nineties it was undoubtedly the narrow gauge railway with the gre- atest tourist potential in the area of 3. The Harz Mountains Railway performs several roles. Steam trains bring tourists to Brocken peak. At the present Łódź province. It was im- the side of motor cars and trams also serve daily local commute. Own study plemented to handle tourists by the courses. Regional narrow-gauge rail- in the canton of Graubünden. Part of specially designated for this purpo- ways, in contrast to agglomerations, its episodes is included in the UNE- se the Society of Friends of Narrow- have a somewhat lesser measure SCO World Heritage Site. In the Ger- -Gauge Railway Piotrków-Sulejów. and also carry freight on transpor- man Dresden agglomeration, two A similar casus (fortunately without ters. There are also railways of tourist narrow-gauge railways have been physical liquidation) can be seen in importance, but they play a diff erent operating for a number of years, for the case of the second narrow gau- role than in Poland [10]. One of the which the carrier is now a two-way ge railway in Krosniewice. Almost well-known Swiss narrow-gauge communication company Sächsi- identical scenario took place in the railways still fi lling all three of the sche Dampfeisenbahngesellschaft northern part of Mazovia, where the aforementioned roles is the popular mbH (Radebeul Ost-Radeburg) and Mława Railway was immobilized in alpine Rhätische Bahn [8]. The rail- Weißeritztalbahn (Freital-Hainsberg- similar circumstances. way network with a track width of -Kurort Kipsdorf). Their behavior [6] 1000 mm is 384 km and is located is a response to the crisis of narrow Narrow-gauge railways for the use of year-round public transport in tourist areas

In many countries, even in regions with very high tourist potential, nar- row-gauge railways still have their basic function. In Switzerland, they carry out the same transport tasks as normal railways. Technically, they also do not show any signifi cant dif- ferences with the 1435 mm track. In fact, 1/3 of the Swiss rail network (1700 km) is a private railways nar- row gauge railway, which consists of 9 networks and many individual lines. They play an important role in urban agglomerations and are 4. On the Czech railway JHMD several dozen people still carry daily passengers to schools and work- characterized by high frequency of places. Own study

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gauge railway observed in Poland in ment and a reduction in passenger Kolinsko sugar factory to Františkova the 1960s and 1970s. Despite the im- connections. In 1993, the club was (Ovčáry), Býchor and Jestřábí Lhota. plementation of the economic acco- founded in the Czech Republic. He In order to rebuild it in November unt in the GDR, the historical role of lobbied for the privatization of the 2000 association pro obnovu Kolín- the narrow-gauge railway has been railway located in the attractive to- ské řepařské drážky Club was esta- relatively quickly realized and their urist area and organization of retro blished. It gathered material track signifi cance for the developing to- trains, and fi nally proposed a privati- and rolling stock belonging to the urism is relatively rapid. That is why, zation project, which was accepted Ełba sugar earlier narrow gauge ra- in the mid-1970s, it was decided to by the Czech authorities. In addition, ilways, and the Regional Operational preserve for eight generations, as he became a founding member of Program of Social acquired Europe- monuments of transport and indu- the Jindřichohradecké místní dráhy an funds for the reconstruction of stry history, eight (with a total length (JHMD). Under the license of June railways. On June 23, 2007, the fi rst of 233 km) out of 13 then existing 1995, the fl edgling company began completed section of the recon- narrow gauge railways in popular to run historic trains steam trains. Fi- structed railway was 2 km long. In tourist destinations. Although these nally, in 1997, Česke Dráhy suspen- subsequent years the line was gra- railways are primarily used for tourist ded the carriage on the Jindřichův dually extended (in 2011 to Mlynka). use and are operated by steam trac- Hradec-Nová Bystřice line. In Janu- With the start of the 2015 season the tion, as well as the other means of ary, the line ended, and in March the railway started driving all the way to transport in the Dresden agglome- Czech government fi nally approved Bychor [16]. ration, they operate public transport the privatization of the railway and The situation of the narrow-gau- on a daily basis under contracts with off ered to resell them for the nomi- ge railway in Mladejov was diff erent. the transport organizer Verkehrsver- nal price of one crown. The privatiza- The idea of joining the narrow-gau- bund Oberelbe. The Harzer Schmal- tion of the narrow gauge railway was ge railway of chamotte mines in Hře- spurbanen (HSB) Harzer Schmal- eff ected on 28.02.1998. Regionally beč and Mladějov was made during spurbanen has been preserved as distributed regional trains (Photo 4) the First World War, and it was com- a tourist attraction (Photo 3). A ne- [10]. pleted in 1920. In the year 1996 the twork with a track width of 1000 mm Adaptation of industrial narrow operation of chamotte plants and consists of so called. Harzquerbahn gauge-railway to tourist function their mines was completed. This, from Wernigerode to Nordhausen in countries bordering Poland however, did not involve stopping (61 km), branching from it to Broc- traffi c on the narrow gauge railway kenbahn (19 km) and Sektalbahn (8 A very interesting form of tourist use - it was used to carry lunches from km). A very interesting solution was of the narrow-gauge railway cultural the factory canteen in Mladejov to introduced in Illefeld-Nordhausen in heritage was taken in Kolíno (photo Hřebeč. Occasionally, steam trains 2004 - the traffi c of urban trams from 5). It rebuilt here most of the oldest were opened for photographers. In less than 45,000 inhabitants in Nor- in the Czech Republic sugar narrow- 1995, the management of the plant dhausen [4]. -gauge railway. It was built in 1894 signed a tenancy agreement with An interesting feature is the Czech and ran for nearly 70 years from the the Průmyslových železnic Museum Jindřichohradecké místní dráhy. While the line from the town of Jin- dřichův Hradec to Obrataň station is primarily a center of daily traffi c, the section leading to Nová Bystřice sta- tion comes to life in the tourist se- ason. Already in the 1970s, the con- cept of liquidation of these railways appeared, but luckily, as a result of the fuel crisis, it was considered that transporting cars would not be eco- nomical, especially from the ener- gy side. In the early 1990s, the ČSD Czechoslovak State Railways beca- me quite aware of the coming crisis. 5. Renovated old sugar railway in Kolin attracts crowds. Own study This resulted in a reduction in invest-

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Association for a period of 10 years able section of the cloud-Beskyd-Ta- pletely liquidate the heavily restric- [19]. The Club decided to relocate nečník, which in 1972 was conside- ted rail network. Fortunately, in 1982 its collections to Mladejov in 1995, red a national cultural monument. In the last fragments were added to which has been the object of his 1974 the Kysukie Museum in Chadcy the register of monuments. In 1992 interest for many years. On May 1, took over the line with the intention the railways were re-launched in 1998, the fi rst museum cruise train of building an ethnographic mu- the Vydrovská Valley (Photo 6), and set off on the trail. In 2005 the MPŽ seum along it. Its construction from a year later, on the main line from and the new owner of the chamotte the beginning was accompanied by Čierneho Balogu to Hronec. In 1995, plant did not agree on the extension the restoration of the railway line to the local association of municipali- of the contract and the museum a state of transport. In 1991 it was li- ties Mikroregión Čierny Hron beca- moved to a new location for Zbýšov. sted on the UNESCO World Heritage me the owner and operator of the In Mladějov there are currently two List, and in 1992 an agreement was railway, which in 2001 handed over associations Průmyslové museum signed between the museums of the role of carrier of the non-profi t Mladějov and Mladějovská průmy- Orava and Kysucka for the general organization Čiernohronská železni- slová dráha. In addition to the histo- renovation of the entire preserved ca [1, 17]. In 2012, with the support ric train trip with steam locomotive forest railway. In the years 1992-95 of the European Regional Develop- on the route Mladějov-Nová Ves (6 the section Kubátkov-Chmúra-Be- ment Fund - Cross-border Coopera- km) you can see exhibitions of rol- skyd was reconstructed. The high tion Program Republic of Hungary- ling stock, road and agricultural and cost of securing the landslide on the -Slovak Republic, the section Čierny construction technology. The rest fi rst bend caused the rebuilding of Balog-Dobroč (4 km) was launched. of Nová Ves-Hřebeč is undergoing the Beskyd-Tanečník section until Tourist use can be an interesting work to restore it [19]. 2007 [18, 21]. Currently Skansen-1 and lasting form of alternative deve- Also in Slovakia one can talk abo- slopes and Beskyd-Tanečník operate lopment of narrow gauge railways - ut success in adaptation of old in- independently. In 2015, motorized examples of successful adaptations dustrial railway for tourist purposes. dredging courses were introduced in neighboring countries are confi r- After World War I, two independent in the Skanzen-Beskyd section, ma- med. Some of them are located wi- railways were established in Orava king it possible to cross the existing thin walking distance of Poland. In and Kysucka, ending only 8 km from network. addition to the Kysucka railway, the- each other. In 1928, traffi c on the Another example of using the railway re is a wooden railway from Lusatian connecting section (unique due to as an element of tourist infrastructu- Weißwasser (White Water) to Bad the signifi cant diff erences in eleva- re in Slovakia is Čiernohronska lesna Muskau (Mużaków). This railway was tion by means of direction changes železnica (Czarnohrońska Forest built in 1895 to meet the growing at intermediate points) was started, Railway). Its construction began in demand for transport in the proper- and the network was called Kysuc- 1908 and lasted until the First World ty of Mużaków. The railway network ko-Orava Forest Railway. In the si- War, when the maximum length of has reached a length of 80 km. In xties the regression began and was the network reached 132 km. In the 1951, it was transformed into a forest closed down beyond the most valu- 1980s a decision was taken to com- railway. However, as early as 1978, with the increase in importance of road transport, it was partially liqu- idated. On the last 12 km benefi ted until 1991 Brickyard in Weißwasser. The eff orts to preserve Mużakowska Forest Railway as a railway museum were undertaken in the mid-eigh- ties. After 1991, it was possible to re- build sections of railways and intro- duce passenger services to parts of the network. Now trains run on two sections connecting the Weißwasser from Bad Muskau and Kromlau [22]. Positive examples of industrial 6. The length of the forest railway in the Black Hron valley is constantly increasing. Own study adaptation are also observed in Rus- sia, where the former peat railway

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was transformed into a private rail- the companies of the PKP gro- ces, way museum near Perejesław Zale- up (former "patron of the living 5. there are no public funds ava- ski. Its story was started in the 1930s. railway open-air museum"), dis- ilable for railway heritage, and With the rapid collapse of around gusting social work in the Polish these are mostly available for 1997, the demand for peat, disinte- People's Republic and low social renovation work on historic bu- gration and decommissioning of al- wellbeing (usually young people ildings. Railway facilities must most all railways with a track width with lower managerial qualifi ca- also compete with other mo- of 750 mm [7, 9, 14]. In 2000, the tions, but with free time, to share numents, primarily sacred ones, "Perejeslav Railway Museum" took their experience or even perform with an older pedigree, which si- over a non-commercial partnership, key management functions), gnifi cantly impedes the acquisi- with the implementation of high- 2. confl icts on the lines of railroad tion of funds for repairs and the ly unprofi table passenger services enthusiasts are often objects of adaptation of lotteries to tourist until 2004, commissioned by the lo- unbridled human ambition on functions. There is also a lack of cal administration in the Perejeslaw- both sides. On the other hand, specialized workshops capable -Kupanskoje section. Two years after they are sometimes caused by of carrying out the repair of ste- their cessation of the 200 km peat the short-sighted policy of the am trains, rail network, only 6 km of the route authorities seeing in the railway 6. given the small wealth of Polish were abandoned, with the museum areas only attractive plots for society, it is important to expect planning to dismantle another 4 km housing, service or industrial de- that investment in the rolling to avoid the steal ... Unlike the pre- velopment, and total bypassing stock of historic railways and its viously described railways, it does their tourist potential., operation will never be covered not carry regular transport [9]. 3. no possibility to transfer real es- by tickets and other revenue.. The second, also private museum tate or sell on preferential terms Further waste of historical objects of narrow gauge railway in Russia, to associations or foundations. In which may constitute tourist attrac- operating in Tjosowo, began to pro- the case of the narrow gauge rail tions will not only lead to an increase mote its activity only a few years it is much easier to get a part of in the distance between Poland and ago. It is based on the still used frag- local governments to take over the countries of Western Europe, ment of the existing narrow gauge - so that at least the objects are but also between our country and railway, which has existed since the leased to non-governmental or- neighboring countries, also formerly 1950s, for the transport of peat [15]. ganizations free of charge. The belonging to the socialist bloc. The problem, however, is that con- lack of positive changes and mainta- To be or not to be - threats and tracts are usually concluded for ining the regression trend in the co- challenges facing tourism based short periods of time and do not ming years will lead to a complete on monuments of narrow-gauge secure the interests of tenants collapse of this sector of the tourism railway in Poland enough to undertake broader industry. Therefore, it is worth poin- investment than the minimum ting out some potential recommen- One can not resist the impression necessary to ensure safe opera- dations that could help to create and that in Poland tourist attractions ba- tion, develop tourist attractions based on sed on the cultural heritage of the 4. preservation of the cultural heri- the cultural heritage of the railways: railway stood before the Shakespe- tage of the railway is very expen- 1. It is necessary to alleviate the re- are dilemma of "to be or not to be". sive. Firstly, it involves buildings gime's ban on free or very pre- The risks that are discussed below and structures that are large in ferential transmission of redun- can be determined by the way in relation to many other cubic bu- dant rolling stock and real estate which the shingles are tipped: ildings, which is associated with directly to NGOs and returning correspondingly higher main- interests should be adequately 1. there is a very low level of invo- tenance and repair costs. The covered by the provisions of the lvement of non-governmental latter are often increased due to notarial acts. organizations (as opposed to the legal protection of the ob- 2. it is necessary to refl ect on whe- models adopted in most EU co- jects through their entry in the ther narrow-gauge railways, untries) in the conduct of tourist register of monuments. Further- which are not self-managed by attractions of this type. This is more, the rebuilding and main- local governments, should not due, among other things. from tenance of historic rolling stock be transferred to non-govern- the claimant attitude towards also requires signifi cant resour- mental organizations which co-

8 przegląd komunikacyjny 1 / 2017 Rail transport

uld provide a stable fi nancing of railways in the German Demo- current maintenance and repla- cratic Republic. The Journal of cement investments.. Transport History, 2011, 2, s. 192- 3. it is necessary to commit the Mi- 213. nistry responsible for transport [7] Корсаков, А. Купанское to social responsibility for its he- транспортное управление ritage of technical culture and to (история великана), narrow.pa- create fi nancing mechanisms, rovoz.com, 8.07.2015. especially of vehicle repair. In the [8] Lung E., Knoll O. Regional and present situation it is with one Narrow Gauge Railways – Good of the few ministries which do Practise and Recommendations, not off er any, even in the form of 2012, www.southeast-europe. subsidies for the so-called. soft net/document.cmt?id=577, actions, support for non-govern- 7.05.2015. mental organizations. . [9] Мясников A. В Переславле есть музей…., Железнодорожное дело, 2006, 2, s. 6-15, [10] Morel O. Rola kolei wąskoto- rowych w transporcie Szwajcarii, XVI Dolnośląski Festiwal Nauki we Wrocławiu, 21 września 2013, ww.transport.pwr.wroc.pl/dfn/ morel13.pdf, 5.05.2015. [11] Prochazka P. Význam úzko- kolejné železnice Jindřichohra- deckých místních drah pro turi- stický potenciál regionu. Vysoká Škola Polytechnická, Jihlava, ma- Source materials szynopis pracy licencjackiej. [12] Taylor Z., Ciechański A. Nie- [1] Bílek A. Čiernohronská železnica. dawne przekształcenia organi- Růžolící Chrochtík, 2009. zacyjno-własnościowe przedsię- [2] Bebenow F. Turystyka kolejowa biorstw transportu kolejowego w Polsce. WNGiG UAM, 2012, w Polsce - część II. Przegląd Geo- maszynopis pracy magisterskiej. grafi czny, 2011, 2, s. 205-231. [3] Bogiazides N., Kotsiou E., Vougio- [13] Ustawa z dnia 8 września ukas M. The Regional Impact of 2000 r. o komercjalizacji, restruk- Heritage Railways. 45th Con- turyzacji i prywatyzacji przedsię- gress of the European Regional biorstwa państwowego "Polskie Science Association Vrije Univer- Koleje Państwowe"., Dziennik siteit Amsterdam, 2005. Ustawa RP, 2000, 84, poz. 948. [4] Harrasek A. Dwusystemowy [14] kukushka.ru, 5.07.2015. tramwaj w Nordhausen. Techni- [15] museum-uzd.ru, 5.07.2015. ka Transportu Szynowego, 2004, [16] z e l e z n i c k a . b l o u d i l . c z , s. 54-55. 1.07.2015. [5] Höhmann R. The Future of Heri- [17] www.chz.sk, 23.12.2011. tage Railways and Rail Conserva- [18] www.kruzok.sk, 23.12.2011. tion in Germany. Japan Railway [19] www.mladejov.cz, 1.07.2015. & Transport Review, 2002, 30, s. [20] www.mpz.cz, 1.07.2015. 20-22. [21] www.oravamuzeum.sk , [6] Hörz P., Richter M. Preserved as 23.12.2011. technical monuments, run as to- [22] www.waldeisenbahn.de/pl, urist attractions: Narrow-gauge 23.12.2011.

9 1 / 2017 przegląd komunikacyjny Road transport Animal tra! c on the road. Limitation in the tra! c. Legal regime related to the tra! c organisation Ruch zwierząt po drodze. Ograniczenia w ruchu. Reżim ustawowy związany z organizacją ruchu

Małgorzata Klaudia Kozłowska

magister, adwokat

Doktorantka w Zakładzie Prawa Administracyjnego Wydziału Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego

[email protected]

Abstract: Becoming increasingly rare is the picture of the animal traffi c on the public road. By this traffi c it is understood animal prodding and animal riding. Even though this eff ect decreases from one year to another legislator very strictly determined rules that apply to this traffi c. The author of this article describes in it not only general rules that determine the animal traffi c on the roads but also analyses detailed regulations that concern animal prodding and animal riding. This article pays attention also to prohibitions that apply to animal traffi c and related to them violations - off ence and criminal liability. At the end author points out to problems in the defi nition layer related to animal traffi c on the road and formulates postulates de lege lata.

Keywords: Animal tra$ c on the road; Road dedicated for animal prodding; Animal prodding

Streszczenie: Coraz rzadszym widokiem jest ruch zwierząt po drodze, przez który należy rozumieć jazdę wierzchem i pędzenie zwierząt. Mimo, że zjawisko to z roku na rok maleje, ustawodawca bardzo ściśle uregulował zasady jakie w niniejszym ruchu obowiązują. Autorka artykułu opisuje w nim nie tylko ogólne zasady rządzące ruchem zwierząt, ale również analizuje szczegółowe regulacje dotyczące pędzenia zwierząt i jazdy wierzchem. W pracy zwrócono również uwagę na zakazy, jakie obowiązują w ruchu zwierząt oraz związaną z ich narusze- niem odpowiedzialność wykroczeniową i karną. Na zakończenie autorka wskazuje na problemy w warstwie defi nicyjnej związanej z ruchem zwierząt po drodze i formułuje postulaty de lege lata.

Słowa kluczowe: Ruch zwierząt po drodze; Droga przeznaczona do pędzenia zwierząt; Pędzenie zwierząt

In the age of modern civilization ty of agricultural production, it is still yet this traffi c is a subject to strict ru- movements, the animal traffi c along a statutory issue. The animal traffi c les, the violation of which may result the way through which, according was regulated only in the aforemen- in the off ense referred to in art. 97 to Article 35 (1) of the Law on Road tioned act. Code of Misconduct [3]. One should Traffi c [hereafter referred to as the The legislator has dedicated only not lose sight of the fact that the act] [1] should be understood as ani- 3 articles in chapter 4 of the Act, and animal traffi c on the road is part of a mal prodding and riding, is an incre- asingly rare view on Polish roads. We usually do not come across this phe- nomenon near the agglomeration of big cities, but it is more common in rural areas where agriculture is still the main source of subsistence for their inhabitants. Although the ani- mal traffi c on the road is decreasing year by year, what is a consequence of urban development and a decre- ase in the number of head-count species [2], among other things, as a result of the decline in profi tabili- 1. Animal movement on the right side of the road and on the sidewalk. Photograph by Barbara Wyleżoł

10 przegląd komunikacyjny 1 / 2017 Road transport broadly understood road traffi c, the onto a roadway, i.e. a part of a road ban on both vehicles with animal safety of which is one of the priori- intended exclusively for vehicular traction as well as riders and drovers ties of the legislator expressed on traffi c, is a derogation from the rule [6]”. the basis of the provisions of the law. and can only take place if the animal traffi c cannot be carried out on the Regulations for the animal tra! c Animal tra! c should take place road to that intended or after the ro- along the road along the road adside due to lack of it or temporary inability to use it. The law strictly regulates how and In the Article 35 (1) of the Law it is At the same time, the Act, due to under what conditions the animal explicitly stated that animal riding the need to ensure road safety, for- traffi c along the road should be or prodding should be carried out bids the taking of more than the ri- done and who is obliged to notify fi rstly on the road dedicated for run- ght half of the roadway or the road the movement. ning the animals. Unfortunately, in for pedestrians or bicycles [5]. Directives on this matter are spe- the act, there is no point in looking cifi ed directly in the law or in the for the defi nitions of that path, which Not every road for animals provisions to which the law refers means that you should search for expressly and requires the appro- the non-statutory designatum of the The current provisions of the Act, priate application thereof or in ge- mentioned name. In the opinion of although allow the animal traffi c on neral traffi c rules. Consequently, acts R. A. Stefański, the road intended for the road, but due to its specifi city, contrary to statutory injunctions or animal traffi c should be understood and in particular the obstacles that normative prohibitions are sanctio- as "roads where animals are mainly may cause, the legislator pointed ned. driven from pastoral areas outside out - enumerating in enumerated In the case of prodding, the per- the village [4]". The above defi nition manner - types of roads on which son responsible for the proper or- does not, however, dispel doubts as this movement is strictly forbidden. ganization of their movement is the to what is meant by a specially de- This folder is a closed folder. drover and in the case of riding - the signed road for the animal traffi c. Thereby riding and prodding the rider. These people are obliged to Referring to the provisions inclu- animals are always prohibited "on comply with the provisions not only ded in Chapter 4 of the Law entitled the road marked with signs with the on the movement of animals but "Animal traffi c", a partial negative de- number of international road (road also on the regulations on the mo- fi nition of the road to animal move- E-16), and the way in which driving vement of motor vehicles [7]. Both ment can be derived. To be conside- is restricted sled, and therefore: fre- the drover and the rider as defi ned red, and contrario to the wording of eway, expressway, as well as on the in Art. 2 point 20 of the Act, they art. 35, 36 and 37 of the Act, that it is road marked with the B-8 sign pro- were - as well as the managers of the not a roadside, a road consisting of a hibiting the entry of vehicles with vehicles - recognized as the leaders. road used for vehicular traffi c, and in animal traction, which denotes the Unlike drivers of motor vehicles, ho- particular motorways, express roads and roads marked with the B-8 sign, i.e. no entry for vehicles with animal traction. In the event of road for ani- mal traffi c absence, according to the norm in Article 35 (1) of the Law, ani- mal riding or prodding may take pla- ce at the roadside, i.e. a part of a road adjacent to a roadway which may be intended for pedestrian traffi c or certain vehicles, vehicle stops, ani- mal riding or prodding. Only the lack of roadside makes that the animal traffi c can take place on the road. To summarize, it must be stated that the possibility of entering animals 2. The movement of the tame, physically ! t and able to guide hard on the way. Photograph by Barbara Wyleżoł

11 1 / 2017 przegląd komunikacyjny Road transport

wever, neither the drover nor the ri- der need to have any permissions in this fi eld. [5]. At the same time, the law introduces a censorship of the age for animal riders and drovers. A person driving on a hard road must be at least 17 years of age (see Artic- le 36, paragraph 1, point 5 of the Act) and prodding animals - 13 years (see Article 37, paragraph 4, paragraph 2 of the Act). Article 2 (2) of the Act defi nes the concept of a hard road under which a road with a bitumi- nous, concrete, cobblestone, clinker 3. Drover supervising the movement of animals in the herd on the public road. Photograph by Barbara or pavement surface roadway and Wyleżoł concrete or stone-concrete slabs ged to comply with the principle of Art. 37 of the Act. This provision con- should be understood if the road right-sided traffi c (Article 16, para- tains a complete list of orders and surface exceeds 20 m. Therefore, no graph 1 of the Act), moving as close prohibitions related to the animal other age limit is imposed on other as possible to the right side of the traffi c both on the roadside and on roads than hard roads, for example road (Article 16, paragraph 4 of the the roadway. At the same time, it on dirt roads, towards riders and Act), adherence to the principles of: should be noted that the legislator drovers. According to Article 35 (2) entering the traffi c (Article 17, pra- in the article referred to diff erently of the Law on Driving and Prodding graph 1 and 2 of the Act), changing regulated the animal prodding in Animals on a Hard Way is applicable, lanes and driving direction (Article the herd and singly. Animals in the in addition to the regulations regula- 22 of the Act), overtaking (Article 23, herd may be guided only under ap- ting the direct animal traffi c (Articles paragraph 1, points 1 and 2 of the propriate supervision. By contrast, a 35 to 37 of the Act). 34 (1) and (2) go- Act and Article 24 of the Act), rules single animal can only be carried on verning the movement of vehicles related to crossing the two direc- tether. Animals may also be carried with animal traction and traffi c rules. tions of traffi c (Article 25 of the Act), loose in a sled vehicle on the right, As in the case of sled animals, passage through the pedestrian but not exceeding 2 animals. the animals moving along the hard crossing (Article 26 of the Act) or Taking into consideration the fact path should be unobtrusive, physi- passing through a railway crossing that drover supervises animals, the cally fi t and self-directed [8]. At the (Article 28 of the Act) [9]. Furthermo- Act imposes a number of specifi c same time, the drover who rides the re, the regulators should take care obligations, since "the drover must animals or is riding on the road is a of the road cleanliness the animals do so in such a way as not to endan- subject to the relevant traffi c regula- move on (Article 45 (1) (10) of the a ger the safety of the traffi c and not tions. Due to the specifi cs of animal contrario). harm anyone." [10]”. Therefore, the traffi c, not all vehicle traffi c regula- drover is obliged to walk on the left tions will apply to people who are Detailed rules for animal riding side of the animals he prods to be prodding or riding on the road. It is and prodding able to control them and to prevent understood that towards these spe- the animals from leaving the right cifi c group, regulations concerning In addition to the general principles side of the road, and during a period speed and braking and towing will for each animal traffi c, the legislator of inadequate visibility he is obliged not be applied. However, it is worth in the subsequent articles of Chapter to carry a fl ashlight with white light pointing out W. Kotowski's view that 4 decided to introduce specifi c rules visible from a distance at least 150 had noticed that speed and braking for the animal riding and prodding, meters. rules may be applied to riders be- which was dictated by the specifi c On the other hand, when it comes cause "the horse under certain con- diff erences associated with each va- to riders, in order to ensure road safe- ditions has the possibility of exce- riation of this movement. ty, they should comply with the pro- eding speed [7]”. How animals should be driven hibitions described in Art. 36 of the Both riders and drovers are obli- properly along the road provides Act. According to its objectives the

12 przegląd komunikacyjny 1 / 2017 Road transport rider should always ride a bristled and drovers, since the number of makes it sometimes diffi cult to as- animal. This obligation applies both crimes and misdemeanors involving sess whether the animal traffi c is to the roadside and to the roadway. alcoholics is still high. done properly. This is essential for road safety, for The Road Traffi c Act does not driving without a bridle may hinder Legal o# ense related to the ani- provide a defi nition of the road in- or even prevent animal guidance mal tra! c tended for the animal traffi c, as well [9]. In addition, it is forbidden to ride as there is no point in seeking desi- side by side with another participant Road traffi c issues have been re- gnatas of that name in further pro- on the roadway, "which means that gulated in detail by the standards visions of that legislation. It should two riders are allowed to drive next containing the prohibitions and be noted that only in the absence of to each other on the roadside [11]” prohibitions addressed to its parti- this road, the supervisor may use the cipants. Nevertheless, the Act does roadside, and in the absence of it or Prohibitions in the animal tra! c not regulate the appropriate autho- inaccessibility - the roadway. rities giving permission to sanction Likewise, under national legisla- Prohibitions relating to riding and behaviors incompatible with the le- tion there is no defi nition of a not prodding animal concern not only gal norm. The provisions penalizing overmodest animal that want to be the type of road on which move- activities contrary to the disposition guided. This name, depending on ment cannot be done, but also aff ect of the norm expressed on the basis who is interpreting the norm, can other equally important issues that of that law should be sought in the have a very narrow or very wide circ- have an impact on ensuring road sa- Off ences Code. le of designatas, which allows instru- fety. In any situation it is forbidden to The rider or drover who has com- mental use of the law. ride on a hard road during periods mitted a breach of the special rules Finally, the lapidary and technical of insuffi cient visibility, "which me- on the animal traffi c (Articles 35 to regulation of the animal traffi c, with ans that the ban is valid from dusk 37 of the Act) or the general rules reference to the rules that prima fa- to dawn, and also in conditions of governing road traffi c, which refer to cie concern the drivers of a motor reduced air transparency from dawn the animal movement supervisors vehicles, makes it much more diffi - to dusk caused by, for example, pre- are subject, in accordance with the cult to supervise the movement and cipitation [11]”. In the case of animal sanction laid down in Art. 97 Code to impose sanctions on behavior prodding, it is forbidden to prod the of Misdemeanors, fi ne of up to 3,000 that threatens safety. animals across the road in an invisi- zlotys or a reprimand. Consequently, although the ani- ble place at a suffi cient distance, to The same punishment is subject mal traffi c from year to year will keep the animals on the roadway animal supervisor in the state after become an increasingly marginal and to occupy more than half of the the use of alcohol. However, if a dro- phenomenon, the author's view road or pedestrian/ bicycle paths. ver or rider under the infl uence of al- would be to defi ne the concept of a The law also includes prohibitions cohol bring the risk of road traffi c on road dedicated for prodding and to on the riders and the drovers them- public roads, then the legal classifi - indicate the categories of not over- selves. Except stated outright in the cation of the off ense enrolled in Art. modest animals whose movement regulations prohibition on animal ri- 86 § 2 of the Code of Misdemeanors, along the road and prodding are ac- ding and prodding on the hard road which carries a prison sentence, im- ceptable, so that the law was unam- to a person who has not reached the prisonment or a fi ne. biguous and did not leave much age referred to in the provisions of By contrast, the supervisor, who possibilities for interpretation, which art. 36 and 37 of the Act, in relation leads to the public road contamina- would enable eff ective supervision to those guiding, the legislator in- tion should be punished with a fi ne and control over its observance and troduced further restrictions. Article of up to PLN 1,500 or a reprimand, the limited possibility of instrumen- 45, paragraph 1, point 1 of the Law as inArt. 91 of the Code of Misdeme- tal use of it.. prohibits animal and prodding in anors. In addition, allowing people with the state of intoxication, in the state The animal traffi c issue, however limited legal capacity, i.e. people after the use of alcohol or alcohol- succinctly regulated by the law, is a over the age of 13 but who not re- -like remedies. Thus, the legislature broad subject, generating, especially ach the age of majority, to supervise rightly included the ban on all the in the defi nition layer, many doubts. the movement of animals along the supervisors, including animal riders The lack of specifi c defi nitions hard road (the drover must be at le-

13 1 / 2017 przegląd komunikacyjny Road transport

ast 13 years old and a rider 17 years Source materials old) is a serious concern for the au- thor. „A person with limited legal ca- [1] Ustawa z dnia 20 czerwca 1997 pacity may, in accordance with Art. r. Prawo o ruchu drogowym 426 of the Civil Code, be liable for (Dz.U.2012.1137 j.t.). damages caused (the tortious abili- [2] Główny Urząd Statystyczny, ty), if it can be in this case the blame Zwierzęta Gospodarskie w 2013 when he/she was understanding r. Informacje i Opracowania Sta- the consequences of his/her beha- tystyczne, Zakład Wydawnictw vior [12]”. Therefore, when prodded Statystycznych, Warszawa 2014, animals infl ict damage to another s. 41- 62. participant of traffi c (e.g. frightened [3] Ustawa z dnia 20 maja 1971 r. Ko- animals damage the motor vehicle), deks wykroczeń (Dz.U.2015.1094 the victim will be obliged to issue a j.t.). claim for damages against a juvenile [4] Stefański R. A, Komentarz do art. off ender, because of his private for- 35, Prawo o ruchu drogowym. tune, will not be able to cover cau- Komentarz, wyd. III, LEX 2008, s. sed by supervised animals damage. 322. Thus, it would be reasonable to ra- [5] Tuliszka J., Ruch pieszych, zwie- ise the age in the census compared rząt i pojazdów na drodze, Biblio- to people entitled to prodding the teka Policjanta Prewencji, Słupsk animals and riding on the hard road 2011, s. 35. from 18 years old, possibly requiring [6] Stefański R. A, Komentarz do art. owners of animals to buy special 36, Prawo o ruchu drogowym. insurance that would cover the po- Komentarz, wyd. III, LEX 2008, s. tential damage associated with their 323. movement along this road.. [7] Kotowski W., Komentarz do art. 35, Prawo o ruchu drogowym. Komentarz, wyd. III, ABC 2011, s. 463. [8] Malinowski Ł., Komentarz do art. 35, Prawo o ruchu drogowym. Komentarz, LexisNexis 2012. [9] Musielak K., Koń i jeździec w ruchu drogowym, Equista.pl, 16.12.2015 r. [http://equista.pl/ editorial/943/kon-i-jezdziec-w- -ruchu-drogowym stan na dzień 03.01.2016 r.] [10] Stefański R. A, Komentarz do art. 37, Prawo o ruchu drogowym. Komentarz, wyd. III, LEX 2008, s. 324- 325. [11] Malinowski Ł., Komentarz do art. 36, Prawo o ruchu drogowym. Komentarz, LexisNexis 2012. [12] Kidyba A., Kodeks cywilny. Ko- mentarz. Tom I. Część ogólna, wyd. II, WKP 2012

14 przegląd komunikacyjny 1 / 2017 Road transport Consistency and certainty of the road marking system as a subject of protection based on the o" ence law. Analysis of the characteristics of the o" ence from article 85 § 1 of o" ence code Stabilność i pewność systemu oznakowań dróg jako przedmiot ochrony na gruncie prawa wykroczeń. Analiza znamion wykroczenia z artykułu 85 § 1 kodeksu wykroczeń Małgorzata Klaudia Kozłowska

magister, adwokat

Doktorantka w Zakładzie Prawa Administracyjnego Wydziału Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego

[email protected]

Abstract: Nowadays when the road infrastructure rapidly expands as well as the traffi c, the correct road markings are of a vital importance in ensuring safety and effi ciency of this traffi c. Negiligible number of road incidents caused by incorrect road markings results in treating quali- ty and certainty of those markings as being of less importance. Thus, such an important issue is to ensure eff ective, criminal law protection of the legal interests which is a stable and reliable system of road markings. Polish legislator adopted as a subject of individual protection on the basis of code of off ence inviolability of road signs and signals, and what stands behind it - stability and certainty of the road markings system.

Keywords: Road markings; Inviolability of road marks and signals; Road infrastructure

Streszczenie: W dobie rozwijającej się infrastruktury drogowej oraz coraz większego natężenia ruchu prawidłowe oznakowanie dróg jest istotnym element zapewniającym bezpieczeństwo ruchu oraz jego sprawności. Nieznaczna ilość wypadków spowodowanych nieodpowied- nim oznakowaniem dróg sprawia, że znaczenie jakości ich oznakowania oraz konieczność zapewnienia stabilności i pewności systemu ozna- kowań dróg może być marginalizowana. Tym samym tak istotnym problemem jest zapewnienie efektywnej, karno- prawnej ochrony dobru prawnemu jakim jest stabilność i pewność systemu oznakowań dróg. Ustawodawca polski przyjął za przedmiot indywidualnej ochrony na gruncie kodeksu wykroczeń nienaruszalność znaków i sygnałów, a co za tym idzie- stabilność i pewność systemu oznakowań dróg.

Słowa kluczowe: Oznakowanie drogi; Nienaruszalność znaków i sygnałów; Infrastruktura drogowa

Road marks and signals, as shown in art. fi nition of the conditions for the pro- labeling powers specify the provisions Article 7 act 1, acts express warnings, tection of road signs, which guarantee of the Regulation of the Minister of prohibitions, injunctions or informa- road safety, ensuring the stability and Infrastructure on detailed traffi c ma- tion. Thus, they arrange the movement certainty of road marking, prior to the- nagement conditions and the supervi- of vehicles and pedestrians along the ir wrong setting, destruction, damage sion of this management. [5]. road, specify the way they move along, or disposal, appear to be an extremely The legislator, in § 3 r.z.s.d., enume- as well as formulate specifi c warnings important issue. rated the types of signs that may be and information for road users. Undo- Issues concerning the use of road used on the road, which should be ubtedly, road marks and signals help markings, signals, warning devices or understood as a separate lane consi- to increase safety and assurance on road safety devices are governed by sting of a roadway, a roadside, a pave- the roads, that is why they are such an the provisions of the Road Traffi c Act ment, a pedestrian or a bicycle path, important part of the road landscape. [2] (hereinafter referred to as the Act), including a rail track located within The literature on the subject notes that in the Decree of the Ministers for In- this zone, intended for movement or "road marking including vertical signs frastructure and Home Aff airs and Ad- standstill of vehicles, pedestrian traffi c, and horizontal signs is intended to re- ministration on Signs and Road Signs animal riding or prodding (see Article gulate and guide traffi c (canalisation) (hereafter called r.z.s.d. )[3], as well as 2, point 1 of the Act). This means that and to alert and inform road users” [1]. in the Regulation of the Minister of road markings and signals can be set Road markings and signals should be Infrastructure on detailed technical and used on public roads, which are seen as a collection of visual informa- conditions for road signs and traffi c divided into national roads, provincial tion that has a signifi cant impact on safety devices and conditions for their roads, county roads and municipal ro- the safety of road users. Thus, the de- placing on the road [4]. In contrast, the ads) as well as internal roads, including

15 1 / 2017 przegląd komunikacyjny Road transport

roads, car parks and squares intended ving on a route determined for him. deaths without fatalities in which 10 for vehicular traffi c, not belonging to Arguable may be the problem of people were injured [8]. It should be any of the public road categories and how to treat inscriptions or symbols emphasized that the number of the not located in the lane of such roads. on the label underneath the road sign. above accidents was determined sole- In addition, with road markings and Any doubts in this regard are dispelled ly on the basis of the reported events, signals traffi c can be organized on in- by § 2 point 4 r.z.s.d. which explains which makes it impossible to determi- dividual components of the road, such that the inscription or symbol on the ne unequivocally what was the actual as pavements or bike paths, bicycle la- road sign is an integral part of it. This number of accidents caused by incor- nes, bicycle locks or bike lanes. is probably due to the fact that the rect road marking. On the roads there are used verti- inscriptions on the boards under the Given the above statistics must cal markings in shield shapes, boards sign give traffi c participants important agree with the statement of Jerzy with inscriptions or symbols, which are information about the organization, in Gruszczyński that currently "road mar- also in the form of illuminated signs, particular, may concern the validity of kings are not seen as an important co- horizontal markings in the form of li- the sign, the exemption period deter- -factor in road accidents, despite the nes, inscriptions and symbols placed mined by placard of a traffi c partici- fact that this is a very important part on the road surface, the light signals pant or type of vehicle and may defi ne of the effi ciency of the road" [9]. Ho- transmitted by signalling devices, the the traffi c participant, part of the road wever, given the growing number of signals given by the entitled people, or type of vehicle, that the marking road users and the high number of sound or vibration signals sent by the concerns or not. traffi c accidents and collisions invo- devices placed on the road. lving killed and injured people (among Road signs, so that they can fulfi ll Proper road marking as an the European Union countries, Poland their basic function as referred to in art. important element in ensuring ranks fi rst in terms of number of pe- Article 7 1 in. with art. 5 of the Act, and tra! c safety ople killed in road accidents, i.e. 9.4 thus arrange traffi c and systematize it people killed in 100 road accidents to ensure the safety of its participants, According to the annual traffi c report [10]), it is important to be aware of the are divided into signs of prohibition, of the Police Headquarters for 2014, importance of road markings consi- order, information and directions. the number of motor vehicles registe- stency and certainty. Admirable farsi- Importantly, a vertical road marking red in Poland is steadily increasing. In ghtedness was exhibited by legislator located on the right side of the ro- 2013, on the national roads there were accepting individual protection under adway or above the roadway concerns 25,683,575 motor vehicles (trucks, pas- the Code of Misdemeanors [11] (here- the drivers on all lanes. However, if the senger cars, motorcycles) with PL sym- inafter referred to as k.w.) the inviolabi- vertical signs are placed above the in- bol on registration plates. At the same lity of road markings and signals and dividual lanes, the mark applies only to time, in 2014. Police offi cers througho- hence - the consistency and certainty the drivers on the lane on which the ut the country received 34 970 reports of the road marking system. marking is placed. On the other hand, of road accidents in which 3 202 pe- a road sign placed on the left side of ople were killed and 42 545 people Consistency and certainty of the the roadway or lane is a repetition of were injured. In addition, in the same road marking system as a subject of the sign on the right unless the special year police units reported 348,028 ro- protection of art. 85 § 1 k.w. provisions provide otherwise. adside collisions ,which mean "an inci- Moreover, the driver, and therefore dent occurred in land traffi c caused by Art. 85 § 1 k.w. provides that anyone the person driving the vehicle or the unintentional violation of safety rules, who arbitrarily sets, destroys, damages, vehicle combination, as well as the resulting in material damage (dama- removes, turns on or off a sign, signal, person who runs the pedestrian co- ge of vehicle, fence, road device, lug- warning or security device or changes lumn, is riding or prodding the animals gage, etc.), or one of the participants their location, obscures or makes them individually or in the herd (see Article 2 suff ered injury resulting in a violation invisible, is a subject to the penalty of (20) of the Act) is obliged to follow the of bodily functions or health disorders arrest, restriction of liberty or fi ne. vertical road sign placed on the yellow lasting less than 7 days” [6], [7]. On the basis of the above-mentio- fl ashing vehicle, which cleans, repairs Traffi c accidents caused by incor- ned regulation, the subject matter of or modernises the road. rect road marking are the marginal protection is broadly understood as se- At the same time, it should be kept percentage of all traffi c incidents that curity in communication. At the same in mind that road markings expressing occurred and were reported nationwi- time, it can be deduced from the wor- bans or injunctions relating to the di- de, as evidenced by the police report ding of the provision that the individu- rection of travel and signs prohibiting on road accidents in 2014. Due to po- al subject of protection and thus the the entry of vehicles of specifi ed di- orly secured road works, faulty traffi c legal interest to which a lexical order is mensions, mass or axle loads shall not organization and malfunctioning traf- committed and which the legislature apply to the driver of a rail vehicle mo- fi c lights there were a total of 9 road seeks to provide for special protection

16 przegląd komunikacyjny 1 / 2017 Road transport is the inviolability of road markings which has been "set by the competent At the same time, "the legislator, in and signals and the consistency and authority on the basis of traffi c orga- addition to the abovementioned be- certainty of the marking system. Ta- nization approved by the governing haviors, allows also to act in a diff erent deusz Bojarski points out that "art. 85 body movement. If a sign or other de- manner, by altering position, covering k.w. is to prevent disturbance of the vice has been set up by an authority, or making it invisible. For the purpose order in the places that serve the mo- such as roadside property owner, or of the substantive off ence, it is impor- vement. On the other hand, paragraph by the competent authority, but not tant that the perpetrator's conduct, 1 of this Article is to protect the right in compliance with the approved or- the manner in which it is carried out, of communication", since "protection ganization of movement, does not use as set out in the content of analyzed of marking system is important for the the protection of Art. 85 § 1 of the k.w.” article, make it impossible to read both traffi c safety, it signals a possible threat [15]. the signs and the signals sent by the to users, it indicates the need for cau- It should be clarifi ed, the provision warning or security devices or to sub- tion, or secures the necessary informa- of Art. 85 § 1 k.w. protects not only the ordinate them.” [18]. Characterization tion” [12]. safety and order of communication in the perpetrator's actions in an alterna- There is currently no defi nition land traffi c on each road type, "but also tive way does the deed described in of what is meant by the concept of in water, rail, air traffi c which may be Art. 85 § 1 k.w. multivarietal off ence. consistency and certainty of the road threatened by even one of the perpe- In order to be able to talk about the marking system. In the common sen- trators of certain behaviors at the di- criminal off ence, the action should se, certainty means "a fi rm belief in sposal of the analyzed article” [16]. be directed to a sign, signal, warning the existence of something or that or security device, where "destruction something is in a certain way" [13], Forms of o# enders behavior as a and damage are directed to the mar- while consistency is understood to be subject to penalization king substance or device and the other "unchanging for a long time” [14]. The forms on their location (setting, posi- intention of the legislator is to ensure Criminal off ender behavior described tioning, removal, switching (on, off ) or that the signs have not been placed within Article. 85 § 1 k.w. in a casuistic visibility (shading, invisible)” [19]. on the movement of illegally setting or manner, because it would be diffi cult Use of a closed, specifi c and defi ned through their inclusion and that have to describe the procedure in terms catalog of objects of violation from not been unlawfully excluded from of consistancy and certainty of road art. 85 § 1 k.w. makes it "not protected this movement, although it should be marking in one general defi nition.Le- subjects are those not mentioned in in a particular place and function, as gislator introducing a closed list of de- the provision, for example advertising well as to fulfi ll their function. Bearing linquent behavior, penalizes operation poles in the road lane” [20]. in mind the function of a road marking of the perpetrator, which provide for should meet and, therefore, organize setting (i.e. is placed in a certain way, or A few words about the o# ender traffi c and systematize it in order to en- in a certain position), destruction (i.e. of art. 85 § 1 k.w. and his criminal sure the safety of its participants, the doing useless) malfunctions, removing behavior concept of 1consistency and certain- and turning on or off of signs, signals, ty of road markings should be closely safety devices and warning devices. The subject of the prohibited acts, and associated with this function. Traffi c There might be some doubts with therefore its perpetrator may be in participant , who depends on signs defi nitions when trying to determine principle a legal person who incurs cri- must be sure that adjusting to a parti- if road marking removal is a criminal minal liability. According to the Code cular marking will not bring danger for action. Thus, if only for a lasting and regulations for Off enses Against the thimslef and others, or interfere with irreversible removal of the safety and Safety and Stability of Road Marking, its functioning. Thus, the consistency organizing device, we may talk about anyone who acts under the conditions and stability of the road marking sys- fi lling the marks of the substantive of- described in Article 85 § 1 of the Code tem, in the context of art. 85 § 1 k.w. fense party from Article. 85 § 1 k.w., or may do it, which is in favor of the gene- should be understood through the in other cases as well? Interpretation ral character of the substantive deed. prism of protection that the legislator doubts in the substantive scope blew Specifying the above considera- wants to provide, which consists in the Marcin Wojciechowski, indicating that tions, it should be pointed, however, fact that the signs placed on the road "both the temporary removal of a par- that in accordance with Art. 8 k.w. the in accordance with the law will visibly ticular road sign, as well as its ultimate off ender may only be a person who communicate the full information in removal (i.e. irreversible annihilation, has reached the age of 17 at the date order to organize traffi c and ensure which makes the restitution must rely of the off ense. The use of age by the the safety of its participants. on re-setting of another copy of the legislator means that minors, and the- It should be added that the pro- same kind of sign)” [17], it fulfi lls the refore those who did not reach the age tection of the Code, covers only safe- statutory character of the criminal of- prescribed by law at the date of the ty and traffi c organizing equipment, fences. act, are not liable for the off ense, since

17 1 / 2017 przegląd komunikacyjny Road transport

they cannot be blamed for guilt. volitional character of the person's the fact that the violation of art. 85 § From the literal wording of Art. 85 § actions, driven by his/her will and de- 1 k.w. can only be committed intentio- 1 k.w. it is possible to conclude that the pendent on his/her will. Thus, not eve- nally and knowing the intention of the off ender can only be the legal person ry human activity described in Art. 85 § legislator, which broadly protects road who reached at the time 17th birth- 1 k.w. targeted on the defi nition of the safety and the stability and certainty of day. Only in the margin, in the con- protected subject will be the character road markings, it can be assumed that text of the comments made above, it of a prohibited act. Unintentional be- the imposition of a prison sentence for must be pointed out that the protec- havior is not penalized, in the sense of committing the off ense should be the tion of safety in communication and the abovementioned provision, even most realistic sanction. the stability of road marking has been when the action of the subject has Except for the penalty of the off en- extended much further than the pro- led to the imminence of the off ense. der, a libel penalty may be imposed on visions of the Code of Misdemeanors, According to Art. 6 § 2 k.w. unintentio- the perpetrator.The second most seve- which reaffi rms the thesis on the far- nal off ense occurs when the off ender re punishment for the off ense against -sightedness of the legislature and the does not commit it's intention, com- the consistency and certainty of road far-reaching need for the protection mits it, however, as a result of failure marking is the penalty of restriction of of the right to property described in to observe safety precautions required liberty, which is always imposed for a discussed article. The Juvenile Justice under the circumstances, even though period of one month. It is based on the Act [21] classifi es an act prohibited by he/she foresaw or could have foreseen limitation of the freedoms of the peni- a law that is a violation of safety and the possibility of committing this mis- tentiary, who is subject to the code road marking as a criminal off ense (see deed. To illustrate the discussed issue, of duty mentioned above. During the Article 1 § 2 (2) (b) of the Juvenile Ju- one should use the example described execution of the sentence, the perpe- stice Act). In the case of a minor who, by Ryszard Stefański, who points out trator of the off ence may not, without by reason of age, cannot be the per- that it will not be possible to realize the the consent of the court, change his / petrator of the off ense and is therefore character of the act prohibited by Art. her habitual residence, be obliged to subject to criminal liability laid down 85 § 1 k.w. in the event of a damage carry out free, controlled work for so- in the Code, i.e. a person who has been to the road marking due to the driver's cial purposes in a suitable workplace, 13 years old and not reached 17 years, inadvertent overturning, or if the sign health service, social welfare center, and who commits an off ense under or safety device is damaged by a traffi c charitable organization or institution, Art. 85 § 1 of the Code, the childcare accident [24]. or for the benefi t of the local commu- and correction measures may be ap- nity in the range of 20 to 40 hours and plied according to the provisions of Criminal punishment is required to provide explanations the abovementioned provisions. of the regarding the course of the sentence. Act (Article 6, paragraphs 1 - 11 of the Unauthorized setting, destruction and The mildest of the foreseen in Art. 85 § Law on the Procedure in Minorities). damage to characters are threatened 1 k.w. penalty is a fi ne, which is impo- In order to consider perpetrator's with three alternative penalties. sed in the amount of 20 to 5000 zł. behavior as criminal, it must be charac- Extreme penalties for committing Apart from the basic penalties terized by arbitrariness, which means an off ense under Art. 85 § 1 k.w. is a which may be imposed for the off ense that the misdeed must be intentional, prison sentence, which is the only in- discussed by the legislator, Art. 85 § 3 both in direct and potential intention. solvency penalty under the Code of of the Act, probably due to the essence "The essence of intent is an intention Misdemeanors. It depends on the de- of the act, made it possible to impose to commit a forbidden act. It signifi es privation of liberty of a person and can on the perpetrator a penalty measure the perpetrator's awareness and his be judged in the range of 5 to 30 days. in the form of an obligation to pay the willingness to make his / her behavior This penalty is always alternated with equivalent of damaged or damaged (action or omission) a manifestation of other penalties for the off ense, and object or obligation to restore to the the off ense" [22]. The off ender of art. Art. 35 k.w. specifi es additional, special previous state. Judgment by the court 85 § 1 k.w. when attempting to assassi- conditions of its targeting. Under the of the penal measure of a compensa- nate the right to the protection of the abovementioned regulation, deten- tory nature is optional, which means law, it is therefore desirable to commit tion may only be ordered if the off ense that the court may or may not impose a prohibited act (direct intention) or, in has been committed intentionally and additional off ence on the perpetrator. the case of a potential intention, not to at the same time as the sentence of the In the era of developing road infra- attempt to commit it, but to provide arrest warrant shows the seriousness structure and increasing traffi c volu- for the possibility of committing it. of the off ense or the circumstances me, proper road marking is an impor- The dictionary defi nition of the term of the case show the demoralization tant element to ensure traffi c safety "lawlessness" as the act of self-will, the of the perpetrator or the manner in and effi ciency. The insignifi cant num- action contrary to the prohibitions which the off ender deserves special ber of accidents caused by inadequate and regulations [23] emphasizes the condemnation. Taking into account road markings make the importance

18 przegląd komunikacyjny 1 / 2017 Road transport of the quality of their markings and [4] Rozporządzenie Ministra Infra- pisow-kodeksu-wykroczen-w- the need for the stability and certain- struktury z dnia 3 lipca 2003 r.w wykroczenia-drogowe-komentarz- ty of the road marking system to be sprawie szczegółowych warunków wyd-ii, 18.03.2016 r. marginalized. „The general belief abo- technicznych dla znaków i sygna- [16] Jankowski W., Kodeks wykroczeń. ut such a low impact of infrastructure łów drogowych oraz urządzeń Komentarz, (red.) Grzegorczyk T. H., on Polish roads, and in particular the bezpieczeństwa ruchu drogowe- wyd. II, LEX 2013, http://sip.lex.pl/#/ underestimation of the role of road go i warunków ich umieszczania komentarz/587263644/140492/ko- marking, is a convenient transfer of re- na drogach (Dz.U.2003.220.2181 z deks-wykroczen-komentarz-wyd- sponsibility to road users and, possibly, dnia 2003.12.23) -ii, 28.03.2016 r. to other - unspecifi ed or undefi ned - [5] Rozporządzenie Ministra Infrastruk- [17] Marcinkowski W., Glosa do wyroku causes. Although the quality of roads tury z dnia 23 września 2003 r.w spra- Sądu Najwyższego z dnia 5 grud- is increasingly being talked about, wie szczegółowych warunków za- nia 2000 r., V KKN 432/2000, Proku- the issues of their marking are usually rządzania ruchem na drogach oraz rator 2002/1/79-82. ignored. And that information is one wykonywania nadzoru nad tym [18] Jankowski W., Kodeks wykroczeń. of the most important factors that can zarządzaniem (Dz.U.2003.177.1729 z Komentarz, (red.) Grzegorczyk T. H., create and protect traffi c, and that in- dnia 2003.10.14). wyd. II, LEX 2013, http://sip.lex.pl/#/ formation, especially the marking, is [6] http://www.brd.org.pl/2,148,Koli- komentarz/587263644/140492/ko- one of the essential elements of road zja_czy_wypadek_drogowy.htm, deks-wykroczen-komentarz-wyd- infrastructure. "[25] It is therefore im- 09.03.2016 r. -ii, 28.03.2016 r. portant to ensure that the legal good [7] Symon E., Wypadki drogowe w Pol- [19] Stefański R. A., Komentarz do is still in force, which is the consisten- sce w 2014 r., Wydział Ruchu Dro- niektórych przepisów Kodeksu cy and certainty of the road marking gowego Biura Prewencji i Ruchu wykroczeń, [w:] W y k r o c z e - system and the knowledge of the rules Drogowego Komendy Głównej nia drogowe. Komentarz, wyd. that sanction the behavior of the per- Policji, Warszawa 2015, s.5- 6. II, LEX 2011, http://sip.lex.pl/#/ son who had infringed them. Otherwi- [8] Ibidem, s.35. komentarz/587233819/106950/ se, consequences that may aff ect road [9] Gruszczyński J., Oznakowanie dróg komentarz-do-niektorych-prze- users due to their bad marking, resul- a bezpieczeństwo ruchu drogowe- pisow-kodeksu-wykroczen-w- ting from the criminal misconduct, de- go, Magazyn Autostrady 12.2009, s. wykroczenia-drogowe-komentarz- struction, damage, removal, inclusion 28. wyd-ii, 18.03.2016 r. or exclusion of the sign, signal, war- [10] Symon E., Wypadki drogowe w Pol- [20] Ibidem. ning or security device, or alteration sce w 2014 r., Wydział Ruchu Dro- [21] Ustawa z dnia 26 października 1982 of their position, obscuring or making gowego Biura Prewencji i Ruchu r. o postępowaniu w sprawach them invisible, can be tragic in their ef- Drogowego Komendy Głównej nieletnich (Dz.U.2014.382 z dnia fects. Policji, Warszawa 2015, s.84. 2014.03.25). [11] Ustawa z dnia 20 maja 1971 r. ko- [22] Budyń- Kulik M., Kodeks karny. Ko- deks wykroczeń (Dz.U.2015.1094 z mentarz, (red.) Mozgawa M., wyd. dnia 2015.08.04). VII, WK2015, http://sip.lex.pl/#/ [12] Bojarski T. (red.), Kodeks wykro- komentarz/587231018/486669/ czeń. Komentarz, wyd. V, WK kodeks-karny-komentarz-wyd-vii, 2015, http://sip.lex.pl/#/komen- 28.03.2016 r. tarz/587588554/474201/kodeks- [23] http://sjp.pl/samowolnie z dnia -wykroczen-komentarz-wyd-v, 28.03.2016 r. Source materials 22.03.2016 r. [24] Stefański R. A., Komentarz do [13] http://sjp.pwn.pl/slowniki/pew- niektórych przepisów Kodeksu [1] Datka S., Suchorzewski W., Tracz M., no%C5%9B%C4%87.html z dnia wykroczeń, [w:] W y k r o c z e - Inżynieria ruchu, Warszawa, WKŁ, 15.10.2016 r., nia drogowe. Komentarz, wyd. 1999. [14] http://sjp.pwn.pl/szukaj/stabil- II, LEX 2011, http://sip.lex.pl/#/ [2] Ustawa z dnia 20 czerwca 1997 no%C5%9B%C4%87.html z dnia komentarz/587233819/106950/ r. prawo o ruchu drogowym 15.10.2016 r., komentarz-do-niektorych-prze- (Dz.U.2012.1137 z dnia 2012.10.18) [15] Stefański R. A., Komentarz do pisow-kodeksu-wykroczen-w- [3] Rozporządzenie Ministrów Infra- niektórych przepisów Kodeksu wykroczenia-drogowe-komentarz- struktury oraz Spraw Wewnętrz- wykroczeń, [w:] W y k r o c z e - wyd-ii, 18.03.2016 r. nych i Administracji z dnia 31 lipca nia drogowe. Komentarz, wyd. [25] Gruszczyński J., Oznakowanie 2002 r.w sprawie znaków i sygnałów II, LEX 2011, http://sip.lex.pl/#/ dróg- prawo a praktyka, Inwestycje drogowych (Dz.U.2002.170.1393 z komentarz/587233819/106950/ Sektora publicznego, Lipiec 2011, s. dnia 2002.10.12). komentarz-do-niektorych-prze- 24.

19 1 / 2017 przegląd komunikacyjny Road and rail transport The Analysis of Threats Arising from the Relations of Dangerous Cargoes and the Rail-Road Infrastructure Illustrated by the Case of Selected Regions of Poland Analizy zagrożeń wynikających z przewozów ładunków niebezpiecznych w infrastrukturze drogowo-kolejowej na przykładzie wybranych regionów Polski

Marek Jaśkiewicz Zbigniew Matuszak Agnieszka Michaluk

dr hab. inż. dr hab. inż. mgr inż. Kielce University of Technology, Maritime University of Szczecin, Maritime University of Szczecin, Department of Vehicles and Faculty of Marine Engineering Faculty of Marine Engineering Transport

[email protected] [email protected] [email protected]

Józef Stokłosa Karol Zielonka

dr inż. mgr inż.

High School of Economics and Automotive Industry Institute Innovation in Lublin (PIMOT)

[email protected] [email protected]

Abstract: On the example of south-eastern region of Poland (Zamość district), the study characterized the transportation of dangerous cargos via rail-road infrastructure in this area. It presented a general road and rail infrastructure in this region. In selected period of time, it shows the amount of transported dangerous cargos. Moreover, it characterized type of transported loads and directions (relations) of these cargos. It presents the amount of cargos transported via road and rail means of transport. It indicated places of transshipment / unloading of dangerous goods, such workplaces as in the Zamość district with accumulated goods.

Keywords: Dangerous cargos; Truck transport; Railway transport; Road infrastructure; Railway infrastructure.

Streszczenie: Na przykład w południowo-wschodniego regionu Polski (powiat zamojski), przeanalizowano transport ładunków niebez- piecznych za pośrednictwem infrastruktury kolejowo-drogowego. Przedstawiono ogólną charakterystykę infrastruktury drogowej i kolejo- wej w tym regionie. W wybranym okresie pokazano ilość przewożonych ładunków niebezpiecznych. Uwzględniono rodzaj przewożonych ładunków i kierunków przewozowych. Przedstawiono ilość ładunków transportowanych przez drogowe i kolejowe środki transportu. Wska- zano miejsca przeładunku / rozładunku towarów niebezpiecznych, w wybranych miejscach w powiecie zamojskim.

Słowa kluczowe: Ładunki niebezpieczne; Transport ciężarowy; Transport kolejowy; Infrastruktura drogowa; Infrastruktura kolejowa.

Transport of dangerous cargos via transport use the RID provisions- re- in practice in order to prevent hazards land means of transport requires a gulations for the international railway against life, health and the environ- very specifi c and detailed knowledge transport of dangerous goods as An- ment. The carriage of dangerous car- from participants of transport in order nex 2 to the regulations concerning gos in large quantities via land means to realize the transport of materials the carriage of dangerous goods to of transport poses a potential threat to in safe manner without endangering the Agreement on International Go- both people, road users, animals and the environment, animals and pe- ods Transport by Rail (SMGS). It should the environment. Humans employ- ople. Each dangerous cargo has indi- be also remembered about the CIM/ ed in the production, storage, trans- vidual properties [3]. Participants of COTIF agreement concerning the in- portation or distribution are exposed dangerous cargos transport via road ternational carriage of goods by rail. A to the harmful eff ects of chemicals. means of transport are bound by the person, who undertakes to transport Transportation of dangerous cargos European agreement concerning the dangerous cargos, should not only is determined by the provisions and transport of dangerous loads called know the regulations for the transpor- restrictions and it is subject to speci- ADR ( Accord Dangereuses Route ). On tation of these goods, but above all to fi c restrictions that limit their release the other hand, carriers of the railway follow them and apply them properly to the transport, packaging, marking

20 przegląd komunikacyjny 1 / 2017 Road and rail transport along with requirements for the quali- cargos. These derogations include [1]: B to the Convention concerning the fi cations of the carrier, selection of the - vehicles at the disposal of the International Carriage by Rail (COTIF). appropriate means of transport or the Armed Forces of the Republic of During the carriage of dangerous go- realization of transport in order to en- Poland – under the terms and ods by rail transport, provisions and sure the adequate level of security for conditions of separate provisions, internal instructions laid down by the people and the environment. The car- in conditions when the carriage is Polish State Railways are also used. riage of dangerous loads is subject to directed by aspects of the coun- RID regulations concerns conditions the special provisions concerning the try’s defense and the public order; of carriage of dangerous goods by rail admission of goods for transport, its - realization or supervision of the between Member States of the COTIF packaging, marking, classifi cation and transportation by certain emer- Convention [3]. requirements for means of transport, gency services, which are aimed United Nations Committee of as well as realization of the transport at saving lives or human health, Experts grouped the dangerous go- process due to the need to ensure the dealing with consequences of di- ods into classes according to the type safety of both people and the environ- sasters, natural disaster or other of created dominant risk. Typically, ment. cases specifi ed in the agreement. each dangerous material is characte- The fundamental act regulating the In Poland, the transportation of dan- rized by two or even three diff erent transportation of dangerous materials gerous cargos via railway transport is threats of diff erent concentrations. in the road transport in the European based on the provisions of the Trans- At the beginning, this division was agreement concerning the Internatio- port Law Act of 15 November 1984 . dependent on decreasing intensity nal Carriage of Dangerous Goods by Conditions concerning the adequate and impact range of the material on Road (ADR), which since the signing transport of materials by rail were de- the environment as a result of hazards of 30 September 1957 in Geneva has scribed in the Ordinance of the Minister occurring during the transportation. been regularly amended. Poland ac- of Communications of 6 October 1987 These included among others risk of ceded to the ADR agreement on 6 about the list of dangerous times exclu- fi re, explosion, as well as oxidizing, to- June 1975 [3]. Provisions concerning ded from the carriage by rail , as well as xic or corrosive action. In accordance the carriage of dangerous cargos are special conditions for carriage of dan- with this division, classes were divided applied to all transport participants gerous goods allowed to be carried. into subclasses of dangerous mate- from the sender and recipient to other On the basis of this Ordinance, the rials. Along with the development of persons participating in this process. provisions of the Regulations for the land transport, subclasses have been It is prohibited to transport hazardous International Carriage of Dangerous Go- transformed into classes (with the materials, which are determined in the ods by Rail (RID) have been introduced. exception of subclasses belonging to ADR agreement as cargos not appro- RID provisions are the legal basis both the 1st class) and created 13 classes ved for the international carriage. Only for transport in domestic and interna- of dangerous materials [2, 7, 9]. Due the carriage of dangerous loads under tional communication. The provisions to the fact that hazardous materials the terms determined in the agre- of the RID form an Annex I relating to often characterize by more than one ement is possible. There can be some the uniform rules on the Agreement risk, their division is made on the basis derogations from the ADR agreement for the International Carriage of Go- of the dominant risk. Such a classifi ca- that allow the transport of dangerous ods by Rail (CIM), forming an Annex tion of dangerous goods is designed to enable a precise choice of the con- ditions of carriage in order to guaran- tee a certain level of transport safety.

1. Zamość district [12] 2. Metallurgical Broad-Gauge Line (in Polish LHS) [13]

21 1 / 2017 przegląd komunikacyjny Road and rail transport

Road structure and railway Tab. 1. Transport and engineering structures in the area of Zamość district [according 11] structure of the Zamość district Bridges Viaducts Footbridges Tunnels Culverts Total

Zamość pieces 26 2 5 0 36 69 Zamość district is located in the so- region Length [m] 472,7 158,64 48,73 0 584,12 1264,19 uthern part of Lublin Voivodeship (Fig. Surface [m2] 5855,71 1937,09 124,62 0 1373,61 9291,03 1) and covers 15 (including 3 urban gminas) with the area of 872.27 In Zamość, there are 10 bridges over - Śródmiejska Ring Road known as km 2. It includes such geographical the Łabuńka river and 1 bridge over the Little Ring Road. It goes thro- areas and the Lublin Upland (Zamojski the Topornica river. They connect ugh the city center, but it bypas- Padół, Dział Grabowiecki, Zachodnio- banks of small rivers with quite narrow ses the exact center of Zamość [6]. wołyńska Upland (Grzędy Sokalskie) river-beds. Two railways lines pass through the and Roztocze (Western and Central). There are also 3 bigger viaducts in Zamość district: Through the Zamość district, dangero- Zamość: - railway line No. 72 (normal gauge us goods are transported by road and - viaduct on the Lubelska Street. track) with a track gauge of 1435 rail. Road Transport of hazardous go- The function of this overpass is to mm on the route Zawada–Za- ods is based on the provisions of the pass the MBGL/LHS line without mość–Hrubieszów (city). This line ADR, while the rail transport under the collision; deals with passenger and freight provisions of the SMGS and RID. Each - viaduct on the Wyszyński Street. traffi c; class of cargos is characterized by in- The aim of this overpass is to pass - railway line No. 65 (broad-gauge dividual properties and the structure the normal gauge track No. 72 wi- railway line) with a track gauge of of a substance. This district has two ro- thout collision; 1520 mm known as the Metallur- utes, which enable the transportation - viaduct on the Powiatowa Street, gical Broad-Gauge Line (MBGL - in of dangerous goods. The fi rst route is which serves the same function as Polish LHS) (Fig. 2). This line runs the national road No. 17 Hrebenne- the viaduct located on the Lubel- from the Polish-Ukrainian border -Lublin and the rail road – Metallurgi- ska Street. crossing Izov/Hrubieszów to Sław- cal Broad-Gauge Line (MBGL - in Polish The summary of engineering struc- ków in the Dabrowa Basin, where LHS) [10] (fi g. 1). tures in the area of Zamość district is it ends its course. The broad gau- Zamość district is an important presented in Table 1. ge line has national signifi cance. It node of national importance for the The city of Zamość has three ring leads the freight traffi c, bypassing Lublin Voivodeship. Two national ro- roads: city boundaries. In Bortatycze (Za- ads run through this region: - Western Ring Road. This road is mość district), there are: 1. National road No. 17 E372, War- located in the western part of - reloading terminal, which has a saw-Lublin-Zamość-Tomaszów the city between buildings of the track system “S” (1520 mm) and “N” Lubelski-Hrebenne (border cros- Orzeszkowej-Reymonta Housing (1435 mm) suitable for reloading sing) to Lviv. This road is a part of Estate and buildings of the Karo- liquid gases; the Via Intermare corridor running lówka Housing Estate; - lateral loading ramp located be- from Gdansk through Warsaw-Lviv - Hetmańska Ring Road. It is located tween two track gauges – 1435 to Odessa. on the north-eastern areas of the mm and 1520 mm; 2. National road No. 74 Sulejów near city. This ring road is the continu- - electronic track scales on the track Piotrków Trybunalski–Kielce–Kra- ity of the national road No. 17 and with a width of 1435 mm. śnik–Zamość–Hrubieszów – Zosin partially the national road No. 74, (border crossing), part of the for- so it is not necessary to drive thro- mer Royal Route from Prague and ugh the city center; Krakow to Kiev. Tab. 2. List of dangerous goods transported by the national road No. 17 (as of 31.12.2010) [4] The road infrastructure of the Zamość No. Route Type of goods Annual number of transports [t] district also includes 3 provincial Ammonia 8 roads: Chlorine 11 - 837 - Zamość-Żółkiewka-Piaski ro- Sulfuric acid 2,2 ute; National road No. 17 Sodium hydroxide 4 1. - 843 - Zamość–Skierbieszów- Hrebenne-Lublin Nitric acid 3,5 -Chełm route; Petroleum products – motor and heating fuels 44 000 - 849 - Zamość-Józefów-Wola Ob- Propane-butane 13 000 szańska route. Ammunition 4

22 przegląd komunikacyjny 1 / 2017 Road and rail transport

Analysis of dangerous cargos’ Tab. 3. List of dangerous cargos transported by railway (as of 31.12.2010) [4] carriage on the example of the No. Route Type of goods Annual number of transports [t] Zamość district Propane-butane 282 006 Propane 97 413 In the area of Zamość district, there Butane 56 772 are two freight stations: Zamość–Bor- Pomace of oil plants 180 423 tatycze MBGL/LHS station and Szcze- Naphthalene 38 brzeszyn MBGL/LHS station. There are Ferro-silicone 4 860 ramps and freight yards, reloading ter- Dinitrotoluene 58 minals, bonded warehouses, storage Aniline 1 829 halls and track scales. Zamość–Bor- Flammable liquid 10 tatycze MBGL/LHS station deals with Corrosive solid material 134 the transshipment of bulk goods by Adhesives 92 means of scoops, palletized goods (in Metallurgical Broad- Pitch 3 373 1. bundles, big bags, palletized), wood -Gauge Line/LHS Methylamine 30 and liquid gases. In the area of Za- Nitrotoluene 173 mość district, there is also the second Hydrogen peroxide 168 railway station – Szczebrzeszyn MBGL/ Vinyl acetate 1 404 LHS station, which has a reloading ter- Liquid cresol 28 minal allowing the transshipment of Trichlorosilane 244 goods in the open air and in the sto- Diacetate toluene 1 417 rage hall. This terminal does not sup- dimethylamine 130 port the transshipment of dangerous Benzene 998 goods [8]. Polyisobutylene 94 Dangerous cargos are transpor- Hydroxide 427 ted through the Zamość district via Hexane 77 the national road No. 17. Summary of transported cargos, their type and Tab. 4. Commercial transports of dangerous cargos by the LHS Ltd. for the year 2010 [5] amount is presented in Table 2. Year 2010 (total) In the area of Zamość district, the Including international transport carriage of dangerous cargos by rail is Specification total export import realized through the broad gauge ra- [t] [tkm] [t] [tkm] [t] [tkm] ilway line with a spacing of rails 1520 Total 626 028 156 898 483 10 993 3 971 884 615 035 152 926 599 mm. MBGL/LHS broad gauge line Explosive substances and 0 0 0 0 0 0 performs commercial transports of articles dangerous goods in accordance with Gases 432 584 149 580 822 130 51 870 4 32 454 149 528 952 the RID/SMGS regulations. List of dan- Flammable liquids 5 355 1 643 355 3 218 869 659 2 137 773 696 gerous goods carried by the rail trans- Flammable solids 38 15 162 0 0 38 15 162 port is detailed in Table 3. Commercial Pyrophoric materials 176 040 879 341 0 0 176 040 879 341 transports of dangerous cargos by the Materials emitting flammable 4281 1 695 533 0 0 4281 1 695 533 LHS Ltd. is presented in detail in Ta- gases in contact with water ble 4. Oxidizing substances 1 623 647 577 1 623 647 577 0 0 List of dangerous cargos imported Toxic materials 2 049 2 807 551 1 964 2 773 636 85 33 915 in 2010 by the LHS Ltd. to the Za- Infectious substances 0 0 0 0 0 0 mość–Bortatycze station is presented Radioactive substances 0 0 0 0 0 0 in Table 5. Corrosive materials 591 235 809 591 235 809 0 0 Various dangerous materials There are many plants presenting a 3 467 1 383 333 3 467 1 383 333 0 0 risk in the area of Zamość district. Two and articles of them pose high and increased risk In addition to plants, where there plants, we can distinguish among of serous industrial accident, i.e. STA- is a signifi cant or high degree of risk other things [4]: TOIL POLAND Ltd., warehouse LPG relating to the serious industrial failu- - CHŁODNIA MORS (Zamość), whe- Zamość and LAMPOGAS.Pl Ltd. (state- re, there are plants that pose a threat rein the ammonia is stored in fi xed ment of threats – Table 6). outside their facilities. Among these tanks. It is also used in the cooling

23 1 / 2017 przegląd komunikacyjny Road and rail transport

installation; Tab. 5. List of transported dangerous materials by the year 2010; - SPOMASZ Zamość – sulfuric acid Arrival-Import: Zamość-Bortatycze station [5] and phosphoric acid are stored in Cistern, in Amount Country of Name of goods Class UN No. bulk, unit of Wagons / consign- fi xed tanks; Tons TWR shipment Containers ment - OSM Krasnystaw – a manufactu- I quarter ring facility, which has such ha- Gaseous hydrocarbons 2 1965 Cistern 108 3 632 X Kazakhstan zardous substances as ammonia, Condensed mixture nitric acid, sodium hydroxide, am- Gaseous hydrocarbons 2 1978 Cistern 4 130 X Kazakhstan monia water. These substances Condensed mixture Gaseous hydrocarbons are stored in the cooling installa- 2 1965 Cistern 183 6 344 X Russia tion, stationary tanks and portable Condensed mixture tanks; Butane 2 1011 Cistern 1 27 X Russia Gaseous hydrocarbons 2 1965 Cistern 8 203 X Belarus - PROFESIONAL P.W. – hazardous Condensed mixture substance in the form of ammonia II quarter is stored in cooling installations Gaseous hydrocarbons 2 1965 Cistern 284 251 X Russia and stationary tanks. Condensed mixture Gaseous hydrocarbons - oleochemical plants in Bodaczów 2 1965 Cistern 128 4 271 X Kazakhstan – there is six hazardous substan- Condensed mixture ces: ammonia, hexane, sulfuric III quarter Gaseous hydrocarbons acid (95%), phosphoric acid (50%), 2 1965 Cistern 4 101 X Ukraine Condensed mixture ferrous sulfate. These substances Butane 2 1011 Cistern 15 431 X Ukraine are stored in stationary undergro- Gaseous hydrocarbons 2 1965 Cistern 267 8 787 X Russia und and terrestrial tanks, portable Condensed mixture containers and technological in- Gaseous hydrocarbons 2 1965 Cistern 13 327 X Belarus stallation. Condensed mixture Gaseous hydrocarbons 2 1965 Cistern 33 1 081 X Kazakhstan Condensed mixture Example of the carriage of Gaseous hydrocarbons 2 1978 Cistern 28 844 X Kazakhstan dangerous goods realized through Condensed mixture the broad-gauge railway line Butane 2 1011 C 26 861 X Kazakhstan IV quarter PKP Broad Gauge Metallurgical Rail- Gaseous hydrocarbons 2 1965 Cistern 240 8 199 X Russia way Line Limited Liability Company Condensed mixture Gaseous hydrocarbons performs tasks of the carrier and the 2 1965 Cistern 15 389 X Belarus Condensed mixture railway manager. Dangerous cargo is Gaseous hydrocarbons 2 1965 Cistern 3 3 177 X Kazakhstan sent in the initial station in Ukraine. Condensed mixture Subsequently, there is a technical and Propane 2 1978 Cistern 26 825 X Kazakhstan commercial briefi ng. The sealed go- Butane 2 1011 Cistern 21 550 X Ukraine ods are placed in an appropriate wa- Total X X X X 40 430 X X gon along with transport documents. Then the goods are transported on a Tab. 6. List of plants with dangerous substances, which present high or increased risk of major indu- wide track to Poland crossing the bor- strial accident (as of 31.12.2010) [4] Name of the Type of dangerous der crossing in Izov-Hrubieszów (Ukra- District Degree of hazard Max. amount [t] Method of storage company substance ine-Poland). At the Hrubieszów LHS STATOIL POLAND Zamość large Propane-butane 1 360 Railway cisterns (railway border crossing), the goods Ltd.; LPG Zamość are taken over from the representati- LAMPOGAS.Pl Ltd.; Terrestrial static tanks, Zamość increased Propane-butane 164,3 ves of Ukrainian railways. Gas Bottling Plant railway cisterns The charge is thoroughly checked, station – e.g. to the Zamość-Borta- dles, big bags, palletized) is made on weighed on electronic wagon sca- tycze LHS station. At the destination the Zamość-Bortatycze LHS station or les SCHENECK in order to determine station (Zamość-Bortatycze LHS STA- Szczebrzeszyn LHS station. After this the exact weight of the goods. This TOIL) there is a possibility to transship transshipment, the carriage of goods procedure is fi nished by the comple- liquid gases in railway or car cisterns. through the LHS is fi nished. If, howe- te customs clearance. Then, the train Reloading of bulk materials with the ver, it is not possible to overload the with cargo moves on the destination use of scoops or piece goods (in bun- cargo, the goods are sent to other de-

24 przegląd komunikacyjny 1 / 2017 Road and rail transport

Source materials Loading of dangerous goods in Ukraine: [1] M. Gałusza, H. Wojciechowska-Pi- - Sealing - Issuance of shipping skorska, A. Uzarczyk, BHP w Trans- documents porcie. Poradnik, Wydawca „Tarbo- nus” Sp. z o.o., Kraków - Tarnobrzeg (2011). [2] M. Kizyn, Poradnik przechowywa- Izov-Hrubieszów border nia substancji niebezpiecznych crossing: - Weighing of the cargo zgodnie z wytycznymi unijnymi - Control of documents REACH i CLP, Wydawca Instytut Lo- - Complete customs gistyki i Magazynowania, Bibliote- clearance ka Logistyka, Poznań (2011). SBdziszów LHS train [3] D. Marciniak-Neider, J. Neider, Pod- station: Zamo V4 -Bortatycze LHS ręcznik spedytora, Polish Interna- - Control of cargo Zamo V4 -Bortatycze train station: - Control of documents LHS train station: - Control of cargo tional Freight Forwarders Associa- - Change of the - Control of cargo - Control of documents tion, (2002). - Control of documents - Transshipment of liquid undercarriage (from 1520 [4] Source materials of the City He- mm to 1435 mm) - No possibility of gases transshipment - Weighing after the adquarters of the State Fire Service transshipment in Zamość. [5] Source materials from the LHS Ltd. Destination station [6] Source materials of the Roads (normal gauge railway Destination station on Management District in Zamość, line): the LHS route (e.g. - Control of cargo Sławków): (2010-2012). - Control of documents - Control of cargo [7] T. Pusty, Przewóz towarów niebez- - Reloading of goods - Control of documents - Reloading of goods piecznych. Poradnik kierowcy, Wy- dawnictwa Komunikacji i Łączno- 3. Transport of dangerous goods via rail transport by the LHS Company ści, Warszawa (2009). [8] http://www.lhs.com.pl. stination stations located on the bro- corridors, which enable the carriage of [23.03.2016] ad-gauge line to the Wola Baranowska goods. Performed analysis has shown [9] http://www.transport.gov.pl. LHS, where bulk materials are trans- the importance of Zamość district in [23.03.2016] shipped or the Gołuchowa LHS, whe- the region and in the Lublin Voivode- [10] http://www.w-lubelskie.pl. re the transshipment of liquid gases is ship. Moreover, it presented an exam- [28.03.2016] realized or the Sędziszów LHS, where ple of transportation by railway rolling [11] http://www.gddkia.gov.pl. there is a possibility to change the stock between neighboring countries [28.03.2016] running gear from 1520 mm to 1435 with the use of Broad Gauge Metal- [12] http://mapa.targeo.pl/powiat/Po- mm. lurgy Line (LHS), which is based on wiat%20zamojski. [28.03.2016] Consequently, the goods are sent the provisions of the RID and SMGS [13] http://www.lhs.com.pl. [2.03.2016] to the destination station on a stan- agreement. It should be noted that [14] Regulations for the International dard gauge railway line. After reaching the safety of dangerous goods’ trans- Carriage of Dangerous Goods by the destination station, the cargo is port signifi cantly depends on the road Rail (RID) with Annex C to Conven- subjected to fi nal operations, as well and railway infrastructure, on which tion Concerning the International as technical and commercial briefi ng the cargo is transported. In reloading Carriage by Rail (COTIF 1999) since [5]. The process of carriage the dan- places, technical quality of reloading 2006. gerous goods by the LHS Company is equipment, which is not always a part presented in Fig. 3. of the transport infrastructure, has a Final remarks large importance. Another issue (bey- ond the subject matter of this elabo- The analysis of the dangerous go- ration) is the problem of loading and ods’ transportation via land means of unloading of dangerous cargos in the transport on the example of Zamość place of their production and recep- district was intended to illustrate land tion.

25 1 / 2017 przegląd komunikacyjny Mobility shaping Youth and transport on the periphery – the image and using of local passengers transport of young people journey in Wschowa county (Lubuskie Voivodeship) Młodzież a transport na peryferiach – wizerunek i wykorzystanie pasażerskiego transportu lokalnego w podróżach młodzieży na przykładzie powiatu wschow- skiego (woj. lubuskie)

Michał Suszczewicz

mgr

Zakład Geogra i Społeczno- Ekonomicznej, Uniwersytet Wrocławski

[email protected]

Abstract: The article is a view of transport from young people point from peripheral area, located out of reach the agglomeration com- munication system. The research analysis based on survey shows what elements of passengers carriers are the most important in young’s people journey from main city or other localities preferences. The conclusions indicate that the intensity of this group journeys is based on transportation net and frequency of bus courses relate with settlement network (near big towns), not with recently administrative division. The article shows the inequality of journeys from main city and other locations, the process of deregulation in local passengers transport market and progressive disproportion in transport accessibility in that peripheral region.

Keywords: Passengers transport; Transport accessibility; Transport preferences

Streszczenie: Artykuł jest ukazaniem postrzegania transportu przez młodzież obszaru peryferyjnego położonego poza bezpośrednim od- działywaniem komunikacji obsługującej aglomeracje. Przeprowadzone badanie ankietowe i szczegółowa analiza wskazuje, które z elemen- tów oferty przewozowej lokalnych przewoźników, najsilniej wpływają na preferencje wyboru środków transportu oraz kierunków podróży młodych osób z powiatu położonego na pograniczu trzech regionów. Badania młodzieży z analizowanego mikroregionu wskazują na zwięk- szoną częstotliwość podróży wewnątrz istniejącej sieci transportowej generowanej do okolicznych większych ośrodki miejskich, a nie do relatywnie blisko położonych miejscowości danej jednostki administracyjnej, jakim jest województwo. Analiza wskazuje również na różnice w częstotliwości w podróżach pomiędzy mieszkańcami obszaru miejskiego oraz podmiejskich wsi oraz aktualne również w tym regionie deregulacje w systemie przewozów pasażerskich oraz postępującą dysproporcję w dostępności komunikacyjnej stolicy powiatu z pozosta- łymi miejscowościami regionu.

Słowa kluczowe: Transport pasażerski; Dostępność transportowa; Preferencje transportowe

The main aim of the article is to pre- examine a group of young people accident, due to the specifi c arran- sent the perception of local trans- attending one of the general secon- gement of transport connections port service providers [4] and the dary schools in Wschowa. The study which binds the poviat to a very li- preferences of secondary school involved two groups of people. The mited extent with other localities in students from the peripheral district, fi rst one comes from the village on the Lubuskie province, as compa- outside the agglomeration of the the border of the lubuskie, wielko- red to the neighboring provinces transport service in the western part polskie and dolnośląskie provinces. [13]. The analysis is strongly linked of Poland. The hypothesis presented The second respondents are resi- to the study of transport accessibi- by the author in this article is as fol- dents of the town of Wschowa, the lity aspects of peripheral locations, lows: The frequency and availability capital of the district. Such a division which can strongly infl uence the of transportation carriers' courses of the respondents is motivated choice of means of transport [7]. This directly aff ects the frequency of tra- by the fact of showing diff erences applies both to spatial and temporal vel of youth in the Wschowa region, or similarities in the perception of availability [11]. regardless of the current administra- transport by the inhabitants of the The article consists of a discussion tive divisions. As part of local trans- city and the surrounding towns. The of the survey methodology, a brief port research, a survey was used to surveyed area was selected not by description of the local transport in

26 przegląd komunikacyjny 1 / 2017 Mobility shaping the region, a detailed description of related to the availability of passen- nections with major urban centers, the results of the survey and an ana- ger connections with larger towns. which are nearby Leszno and Gło- lysis of the responses from respon- The purpose of this study was to gów, which belong to neighboring dents. This study is of local character, assess the ratings of passenger com- provinces. however, it shows the important panies and the transport preferen- Wschowa county is an unusual ad- problem of shaping and activity of ces of the youth in the outlying area, ministrative unit. It was created only passenger carriers in the peripheral where transport related to metropo- in 2002, due to the disconnection area, not directly connected with litan service is of little importance. of 3 communes (Wschowa, Sława the transport service of the agglo- The enterprises assessment consi- and Szlichtyngowa) from the at the meration. sted in giving adequate values for time Nowy Sącz county. The county the availability of passenger courses, has only three municipalities, which Methodology of research the image of the carrier (quality of before the last general administrati- rolling stock, price and transit time). ve change made in 1999, belonged Surveys conducted in the fi rst half Transport preferences were defi ned to two separate provinces (Zielono- of 2012 show the assessment of lo- as directions that youth chooses, górski and Leszno). The county cur- cal passenger transport in and aro- under their cultural, social, or other rently has about 39,000 inhabitants. und Wschowa. As a study group, 87 needs; which cannot be realized in The area covered before World War high school students from I, II and III the capital of the county, or in the II was the border between Poland class I were selected. Tomasz Zana nearby village of origin. and Germany; and before the par- in Wschowa (1/3 of all students at tition, between the Commonwe- school). Surveys included opinions Characteristics of transport in alth and the Kingdom of Prussia. All of students living in Wschowa (38 Wschowa county these elements made the district people) and neighboring towns wschowski today has a very specifi c from neighboring communes (Sła- The surroundings of the Wschowa passenger route network, which is wa, Szlichtyngowa - Lubuskie pro- city are very diverse, both when it characterized by residual passenger vince, Wijewo, Przemęt - Wielkopol- comes to the formation of the area, courses with other towns located in skie Province) (Fig. 1). the history and characteristics of the the current lubuskie province. This is The questionnaire consisted of local community living in the area, very visible in the case of directions two parts: the fi rst included a per- which signifi cantly infl uences the of passenger service - the connec- sonal questionnaire along with in- travel direction [13] [14]. Wschowa, tions serving the Wschowa region formation on commuting to the city according to the administrative di- with the above centers are more (the question was answered only by vision, is located in Lubuskie pro- frequent and convenient (mainly non-Wschowa residents), while the vince, however, the region has very through direct connections) than second part consisted of questions strong economic and historical con- courses to other similar sizes and signifi cance of cities located in Lu- buskie province (to which only con- nections with transfers are made). This transport network and trans- port spatial availability in this mi- cro-region are very clearly refl ected in the transportation preferences of the young people. Passenger trans- port within the district is currently restricted to circular routes, namely PKS transport (by bus) and private minibuses. In the fi rst case there are two companies operating in the di- strict: "Milla" (formerly PKS Leszno) and "Intertrans" Głogów. Both com- panies run courses connecting most 1. Village spatial distribution of respondent's origin and the administrative-transport characteristics of of the district with Wschowa. At a the region. Source: own work minimum, local traffi c also supports

27 1 / 2017 przegląd komunikacyjny Mobility shaping

2. Factors that have negative impact on the assessment of the transport 3. The share of respondents visiting medium and large urban centers (in%). services quality indicated in the survey by youth. Source: own work Surce: own work

single bus routes of bus operators to Wschowa was varied and depen- frequent and mostly combine with Jelenia Góra PKS, Słupsk PKS. The mi- ded mainly on the remoteness of the Wschowa, Leszno, Głogów or other nibuses carriers ply mainly between given origin of the respondent from major cities. Weekend breaks with Łodz and Głogów through Wschowa Wschowa. The study group of high local villages are also limited, inclu- and Szlichtyngowa, as well as from school students coming from out of ding only villages that are located Wschowa to Sława and until recently town frequently commuted to the alongside routes leading to bigger with single courses to Poznań. There city in time to 30 minutes (61% to- towns. The frequency of courses are also courses from Sława to Gło- tal). Sometimes this time was exten- is adjusted to the school year and gów, Poznań, Leszno, Nowa Sól and ded to over 60 minutes, in the case organization of work in local busi- Zielona Góra [2, update .www.e- of people commuting from very di- nesses. This reduces the number of -podroznik.pl, at 5/31/2016). Most stant places (e.g. Kaszczor, Ciosaniec courses to morning transits around courses take place during the school - 30 km to Wschowa). Most of the pe- 7:00 (towards the city) and afterno- year or on weekdays (Monday to Fri- ople (57%) commuted by their own on return around 14: 00-16: 00 (from day), weekend calls only include se- car (traveling by car alone or with the city). In the remaining hours the lected courses to major cities of the parents who commute to the city)). courses are not carried out, which region. A bit diff erent with the mi- The remaining group of people use forces the passengers to wait until nibus carriers, the courses are held other means of transport, among the departure time of the bus, or from Monday to Friday as well as at which dominate bus travel Leszno eventually to search for another me- weekends. There were several railro- Milla / Głogów Intertrans (47%). A ans of transport to get to their place. ads in the county a few years ago. [2] little over 10% of respondents also Very clearly highlighted by the re- Currently, passenger traffi c on the used the service of microbuses car- spondents was the lack of access to only active railway from Głogów to riers. For most people the transport the village in the evening or night. Leszno via Wschowa is suspended. is not burdensome (the answers: ra- Interestingly, the respondents despi- The modernization and electrifi ca- ther not - 33%, defi nitely not - 18%), te the possibility of choice, very rare- tion of the route are planned, which but on this result has a great impact ly marked the problems associated may result in the reactivation of pas- the rating of people commuting by with time travel to the city or cases senger rail traffi c in the area of the car. The elements most aff ected by of delays on the route. This indicates examined county [12]. the negative assessment of local the real speed of the courses and passenger transport are presented the reliability of the local carriers as Perception of local transport by in the diagram below (Fig. 2) part of their services. high school students The above answers are very cle- The next part of the questionnaire arly refl ected in passenger transport pointed out the preferences of high High school students from the rural reality. Most courses from Wschowa school students. The respondents area bus station are during working days were able to determine the frequ- of the week. On days off , holidays or ency of their trips to Leszno and The time of the respondents arrival holiday breaks, the courses are not Głogów (local bigger cities), Zielona

28 przegląd komunikacyjny 1 / 2017 Mobility shaping

Góra, Poznań and Wroclaw (the ne- znań. It is the closest urban agglo- More than half of high school stu- arest regional centers of Wschowa). meration to the district of Wschowa. dents went to this center less often The fi rst group of cities is important 2/3 of the respondents traveled to than once a month. As the means of because of its importance and role Poznan at least several times a year. transport most often was indicated - in shaping the local cultural sphe- As a part of the trip to the city, the a car (88%), less frequent - mini bus re (cinema, thriving cultural cen- high school students usually cho- connections (18%), and occasionally ters, numerous cultural events) and se a car (over 85%). In the case of a - bus services (6%). shopping (the presence of brand trip to Poznan and the next of the The next group of comparable shops, shopping centers) or the pla- studied agglomerations - Wrocław, province cities in terms of the frequ- ce of residence of peers or families. high school students also chose a ency of commuting from the vicini- The second group is the city that the car with a change to another means ty of Wschowa varies considerably. high school students visit for similar of transport. Usually it was a railway Quite often people traveled to other reasons, but in comparison to local connection, which was selected by large urban agglomerations - Po- centers, the level of services and every fi fth high school student out znan and Wroclaw. The fi rst one was events is much higher (Fig. 3). of the county capital. visited by almost all respondents. The youth from the village in the In the case of Wrocław, high scho- Usually, these trips were less frequ- vicinity of Wschowa most often cho- ol students outside Wschowa travel ent than once a month (85%). Worth se Leszno from among the cities of there less frequently than to Poznan. mentioning is the way of traveling to the fi rst group. More than half of the Every second of the surveyed high this city. Of the traditional means of people were in this city at least a few school students in the capital of transport on the whole route - the times a month. In this city, the high Lower Silesia travels less often than car was used in this category only school students mostly came by car once a month. Most of the high by half of the high school students. (86% of visitors). To a lesser extent, school students travel to Wrocław Almost 60% of respondents chose they used private carriers (PKS - 27%, by car (72%). Secondary school stu- a combined journey, with a change private carriers - 7% commuters). dents use interchange courses on from a car to a train. Few people also A similar situation is associated railways (24% of respondents)). chose bus or microbus connections with the second city - Głogów. Ho- (respectively 9% and 3% answers). wever, it is worth mentioning here High school students from Wschowa The next city to be compared was that the distance between the ma- Wrocław. As in the case of Poznań, jority of the places from which the In the case of high school students the majority of people (67%) was respondents came from, and Gło- from Wschowa, a slightly diff erent going to this city less than once a gów is much higher than in Leszno, attitude and evaluation of local month. The percentage of people which was less frequent. Most, be- transport can be noted, which is cle- who never visited this city was hi- cause as many as 65% of high school arly highlighted in the responses to gher (23%). Mostly people travelled students arrived in this city not more questions asked in the survey. to Wrocław by car (73%), quite often than once a month. The rest of the Leszno was chosen as the city to the answer was - mixed journeys respondents were equally (about which each of the respondents li- with change to arail (43%). 17%), never in the city or more than ving in Wschowa traveled (fi g. 3). The last major regional center was twice a month. Almost all of the visi- Most of the high school students Zielona Góra, which is not often vi- tors came to the city by car (98%). visited Leszno several times in a sited by high school students from The second group of cities of re- month (2/3 of respondents). Com- Wschów. According to the respon- gional importance is opened by pared to the surrounding areas, the ses trips to this city were made less Zielona Góra, one of the capitals of high school students from Wschowa frequently than once a month. The Lubuskie Province. Within the rese- visited them more often. People tra- remaining respondents were never arch group of high school students, veled there by car most often (74% in the capital of their province. Those almost every second (47%) was ne- of responses), but an important role who traveled to Zielona Góra mostly ver in it. The rest of the respondents in getting to this city also meet the used the car (95%) or travelled with visited Zielona Gora sporadically, se- minibus connection (31% of respon- a change to train (10%). Bus services veral times a year. As in the case of dents) and buses (26%). have been used intermittently (5%). Głogów, almost all of them traveled When it comes to the second Respondents in the framework to Zielona Góra by car. local larger city - Głogów, commu- of local trips to larger cities, mainly Another regional center was Po- ting was less frequent than in Łódź. chose to travelling by car. This was

29 1 / 2017 przegląd komunikacyjny Mobility shaping

usually related to the ease, the spe- are y more than half of high school ning the use and evaluation of local ed of the journey and the availability students suffi cient (55% for locali- transport in the trips of high school of this means of transport, especially ties, 67% for Wschowa). Those who students from the periphery of the in rural areas. On the other hand, in participated in the survey also poin- border regions of Lubuskie, Wiel- many cases it was the only possi- ted to the negative aspects of travel- kopolskie and Dolnośląskie. First, bility of leaving the place. Among ling by transport, theses were: quite while traveling outside the place of the surveyed high school students high ticket prices and lack of courses residence, the use of the car domi- traveling with their parents, the in the late evening and on holidays. nates. This is particularly evident in aspect of choosing diff erent types The above negative opinions were places with a small number of bus of travel to Wschowa was often ra- emphasized both by people outside or minibus courses. The choice of ised, depending on the situation in of Wschowa as well as from the city. a car for travel from these locations which the people were found. For The next element that was exami- is justifi ed because of the inability example, when a person travelled ned was Wschowa's traffi c barriers. to use alternative public passenger alone to school in Wschowa, the According to respondents' respon- transport outside the peak times. Si- parents gave him/her a lift. Howe- ses to the questionnaire, the biggest milar conclusions about the impact ver, when the same person traveled problem of the city is the small num- of transport on areas threatened by with his/her peers, he/she chose pu- ber of connections with other urban social exclusion are presented in A. blic transport, but the frequency of centers (61% residents of Wschowa Mężyk's article [10]. Another very these trips was already considerably area, 46% Wschowa's inhabitants). strongly distinctive aspect is trave- less frequent. Moreover, the travel time to bigger ling by car, as a sign of independen- Due to the rare frequency of bus cities (46% of people from Wscho- ce and maturity of the person's age. routes from smaller townsIn the vi- wa) or the cost of travel (27% of pe- On the other hand, owning a car is cinity of Wschowa, a large number ople outside the city) was negatively currently not synonymous with pro- of people traveled to larger cities assessed. In addition, some people sperity and the necessity of having by car. This fact is fully understan- from both Wschowa and surroun- it in modern households [3] [9]. The dable, due to the need to transfer ding area, raised the issue off the city clear distinction between the re- in Wschowa, generating additional from the rail passenger network. spondents is the age of 18, when it costs and length of travel time. So- According to the respondents, becomes possible to approach the B metimes such a decision was due to the improvement of local transport category driving test, which allows rare connections, or the total lack of could be made by increasing the the driver to drive a car. At the age of them, which forced the use of the- number of courses to smaller towns, 18, high school students can beco- ir own means of transport. Due to reducing ticket prices and moder- me independent from using public diff erences in the age of the respon- nizing rolling stock. An important transportation courses, choosing a dents (a large proportion of people aspect emphasized mainly by high car for their trip to school or other under 18 years old), it was very clear school students from Wschowa was places mentioned in the study. On that the choice of means of trans- the increase in the frequency of calls the other hand, obtaining a drive- port was between the people who on school and work days. According r's license allows the inhabitants of had and did not have their own dri- to the respondents, the most impor- smaller towns to travel to other de- ving license. The majority of people tant initiative that could improve the stinations, trips are not limited to the aged 18 and over, at the time of the city's transport accessibility would range of local transport companies. study, was using a car. The rest of the be reactivation of railway connec- Unfortunately, this also results in respondents used public transport. tions. Behind this issue spoke almost lower profi tability in the delivery of From the statements of some high half of the respondents (slightly un- courses to smaller towns, especially school students can be concluded der 40% of Wschowa population, those located far from the main ro- that when they reach the age of 18 43% residents of the surrounding utes where most courses are con- and get a driving license, they also area). ducted [8]. In fact, the carriers limit decide to travel with their own car. their traffi c to these locations, le- This is closely related to the percep- Conclusions from the survey ading to a situation where the only tion of quality and availability of lo- responses analysis way to travel beyond its borders is to cal transport. own a car [10]. Public transport has a The transport connections betwe- From the answers we can deduce greater signifi cance in the context of en Wschowa, Głogów and Leszno some important comments concer- youth travel outside the city, which is

30 przegląd komunikacyjny 1 / 2017 Mobility shaping recorded among the Wschowa inha- group of people visited this city rela- people who used a intermodal jour- bitants, due to the numerous cour- tively rarely. This is probably due to ney consisting of traveling partially ses connecting the town of Głogów the relatively weak economic im- by car or bus / minibus and later at and Leszno, the frequency of which pact of this city on the surroundings the destination by train from Leszno. is less dependent on particular days of Wschowa. It is worth adding that This is probably due to the lesser to- of the week. This shows that, despite the only hasty connections betwe- tal cost of travel (which is signifi can- the possibility of using their own car, en Wschowa and Zielona Góra were tly infl uenced by the 37% discount to a large extent the youth benefi t liquidated in 2016, which made it for students), which is lower than from collective transport as part of much more diffi cult to travel long direct bus travel or car travel or total these trips. distances without having to move travel time currently on such jour- Another factor highlighted in the in other cities. The attractiveness of neys limited to 2h. Very wide range respondents' answers is the persi- the city's potential is similar to the of courses every day of the week be- stent economic and cultural impact surrounding larger towns, so the tween Wschowa and Leszno, then of the larger cities outside Lubuskie, interest in traveling to Zielona Góra between Leszno, Poznań and Wro- namely Głogów and Leszno. Despite as a youth travel from the vicinity cław, positively aff ects the frequency the Leszno province liquidation in of Wschowa is limited. In the above of trips to these cities. 1999, the importance of Leszno in study, students were not asked abo- Another aspect is the good asses- the local labor market, services and ut travel to the capital of the provin- sment of the frequencies of Wscho- entertainment is still very high. This ce - Gorzów Wielkopolski, probably wa with Leszn and Glogow, while at is expressed among others in high the answers about the frequency of the same time insuffi cient number school students journey, who point trips to this city would be even more of courses linking the city with smal- Leszno most often as a larger city negative. ler towns in the vicinity, located on of the fi rst choice they travel to be- This situation indirectly illustrates the edge of the main routes. On the cause of the above-mentioned ob- the artifi ciality and arbitrariness of one hand, such a state of exchange jectives. The existence of a develo- the territorial division implemented rate is infl uenced by the economic ped network of courses for this city, in the case of the Wschowa poviat. It factor. The courses are performed conducive to free travel both to the is not refl ected in the real directions on the most profi table and frequen- peaks and the inhabitants of other and demand for passenger transport ted routes between cities. In smaller towns located on the route bus and and does not aff ect the frequency of venues, courses are usually only ava- minibus. Another city to which high travel of young people. This situation ilable on weekdays, in the morning school students often go, but less is caused by occasional courses and or in the afternoon. This is an unfa- often than Leszno is Głogów. This quite high ticket prices, which con- vorable situation for people living city is mainly for people coming nect the individual towns of Zielona in smaller towns, because of the from the town located in the we- Góra. The above factors also clearly problem of access to bigger cities stern part of the county, because of discourage other potential trave- outside the aforementioned hours, proximity, more convenient and fa- lers from traveling to this city. The or in days off from work and school. ster connections and slightly lower example of Wschowa and the poviat This is the case when, during leisu- travel costs in comparison with co- of Wschowa shows how diff erent is re time, the most attractive tourist urses to Leszno. the demand for passenger transport areas of a county or region can not An important problem resulting and administrative affi liation. be reached by public transport as re- from the survey is the frequency of The issue of travel to larger ag- gular courses are not provided. The high school students' trips to regio- glomerations such as Poznań and way out of this situation would be nal administrative centers. Some of Wrocław looks a bit diff erent than in to introduce new courses between the participants in the study pointed the case of the current capital of the the villages during holiday, summer, to the capital of the Lubuskie provin- province. Both cities are much more as is the case in other Polish regions ce of Zielona Góra as a city to which attractive to high school students attractive for tourists carried out by they travelled several times. Despi- compared to Zielona Góra, which local minibuses companies (Biesz- te a distance of about 70 km from explains the greater frequency of czady Mountains, Coast, Masuria Wschowa, almost every second high trips to these centers. Usually, the Lakes Region). This would improve school student from the Wschowa whole trip to these cities was done the transport accessibility of the district and the surrounding area, solely by car. Among the respon- region during the holiday season, has never been there. The remaining dents there was a large group of while also allowing tourists to en-

31 1 / 2017 przegląd komunikacyjny Mobility shaping

joy other attractions outside of the destination where they are staying. Currently, during the holiday se- ason the only means of transport is car.The last issue related to local transport in the vicinity of Wscho- wa is the aspect of passenger rail connections. Although it has been a year and a half since the elimina- tion of passenger railroads, the local authorities have been strongly co- nvinced that the decision of the Lu- buskie Regional Transport Authority was not right. Similarly, in 2013, the 4. Progressive modernization of the railway line Głogów-Wschowa-Leszno (Wschowa station) county councilors voted in favor of Source: pic. author a special position on the matter [5]. The railway in Wschowa has been by deputies representing the ana- students from traveling by public functioning for more than 150 years, lyzed region. Among other things, transport, which for economic re- but by the administrative division thanks to their involvement, the ra- asons hangs on routes to smaller and problems with fi nancing infra- ilway line from Głogów to Leszno by towns. On the other hand, there is structure repairs on the railway line Wschowa was included in the list of a gradual development of connec- running through the three voivod- railway investments implemented tions from county towns to larger ships, it was closed [16]. The cancel- until 2020. [15]. Investments con- regional centers through mini-bus lation of passenger connections was cern revitalization of the track and connections. This is a positive aspect due to a lack of agreement between electrifi cation of the line (Figure 4). of the deregulation of bus operators' marshals of three provinces: Wielko- In addition, the current investments monopoly, and the following pro- polskie, Lubuskie and Dolnośląskie on Poznań-Wrocław lines and the cess is also evident in the described and long-term negligence in the "Nadodrzanka" mean that the times region [8]. However, the deteriora- framework of complex repairs of of travel to major agglomerations ting position on the market of car- infrastructure on the above men- will diminish dramatically. This is one riers derived from the PKS structures tioned route. Despite the interest in of the reasons to reactivate passen- causes the closure of courses con- traveling especially in commuting ger transport, which due to the ever necting the towns located outside to schools, workplaces and studen- slimmer off er above the local can the main transport routes, despite t's weekend trips to academic cities, keep the transport accessibility of the existence of a law regulating the the merger was abolished. Undoub- the Wschowa region as good as po- need to operate the entire network tedly, important issue was very low ssible (nowadays from Wschowa can [1]. As a result of this situation, resi- price of the train ticket from Wscho- be reached directly to Wrocław and dents use cars, which results in fur- wa. Before closing the lines, the cost Poznań, Jelenia Góra and Słupsk). If ther negative feedback. One exam- of travel to Leszno was about 4 PLN, the repair of the railway is comple- ple of this is the liquidation of transit while students could travel even un- ted, the authorities of the provinces courses in the region connecting it der 2 PLN. The Regional Transport will have to agree on the rules of with Warsaw, Zielona Góra, Poznań Tariff has made it cheaper to travel operation of the line, otherwise, de- or Kalisz. to larger cities at convenient inter- spite repairs, it will still not fulfi ll its One solution to this problem is changes. In the analyzed survey, role in regional passenger transport. to increase the frequency of cour- the interest in the reactivation of ses between villages in the district. passenger rail connections was very Summary This applied to both courses during clear. In 2013, petitions were signed off -peak hours on weekdays, as well in Głogów, Wschowa and Leszno to From the analysis of survey respon- as connections in the non-working reactivate railway connections on ses, it can be concluded that the days and holidays. These connec- this route. The campaign met with young people's in smaller towns tions could be carried out by mini- great interest of the inhabitants of condition of travel is to have a car. -buses. They could function on a "on these cities [2] and was supported This aspect frees the high school demand" basis in a similar form as

32 przegląd komunikacyjny 1 / 2017 Mobility shaping in Western European countries [10]. Source materials komunikacyjnej regionu, This would increase the interest in Studia Ekonomiczne. Zeszyty Nauko- traveling by means of passenger [1] Chabierko T., Kretowicz P. Konku- we Uniwersytetu Ekonomiczne- transport [6]. Also in the analysis rencyjność w lokalnym transpor- go w Katowicach, 2013, 143, 262- it was noted that with increased cie zbiorowym a społeczna rola 270. access to passenger courses, inte- przewozów autobusowych (na [11] Molecki A. Propozycja wskaźnika rest in using these routes increased podstawie powiatu gorlickiego), obrazującego dostępność ko- (especially at courses to Leszno). Transport Miejski i Regionalny, munikacyjną jako miernik jakości Another chance to change direc- 2011, 6, 28-35. obsługi mieszkańców, Transport tion and frequency of travel from [2] Jęczmionka D. „Nie mogę Miejski i Regionalny, 2008, 6, 33- Wschowa and surroundings may be się pogodzić z tym, że tak 36. the reactivation of passenger con- potraktowano Głogów”, tu- [12] Rydzyński P. PKP PLK przymierzają nections on the railway line Głogów- tajglogow.pl/2013/12/03/ się do modernizacji trasy Ostrów -Wschowa-Leszno. The willingness nie-moge-sie-pogodzic-z-tym- Wlkp. – Leszno – Głogów, http:// of young people to use this form of ze-tak-potraktowano-glogow/, www.rynek-kolejowy.pl/wiado- intercity transport, with the positive 1.06.2016. mosci/pkp-plk-przymierzaja-sie- view of the provine authorities [17], [3] Kaźmierczak-Kałużna I. Mieszka- do-modernizacji-trasy-ostrow- and the planned modernization and nie jako „miejsce do życia”, Studia wlkp--leszno--glogow-26882. electrifi cation of the railway line, Sociologica, 2009, 19, 83-97. html, 1.06.2016. [4] Szołtysek J., Trzpiot G. Preferencje [13] Suszczewicz M. Obszary mar- may increase youth mobility and komunikacyjne studentów jako ginalizacji dostępności ko- reduce the negative impact of the przesłanki kształtowania progra- munikacyjnej na pograniczu economic exclusion of the region. mów mobilnościowych, Trans- województw lubuskiego, wielko- Developed analysis is an attempt port Miejski i Regionalny, 2011, 4, polskiego i dolnośląskiego jako of travel preferences characteristics 27-33. przykład problemu zrównowa- of young people in the border re- [5] Klan R., Powiat popiera inicjaty- żonego rozwoju obszarów pe- gions, and in this case, high school wę przywrócenia połączeń pa- ryferyjnych, Rozwój Regionalny i students from Wschowa and the sażerskich, http://zw.pl/news/ Polityka Regionalna, 2013, nr 23, surrounding area. It shows the most powiat-popiera-inicjatywe- 63-75. important destinations of young pe- przywrocenia-polaczen- [14] Suszczewicz M. Powiat wschow- ople, which defi nitely are not other pasazerskich,46249, 1.06.2016. ski - potencjał turystyczno-kultu- places in the home province. This [6] Kretowicz P., Komunikacja lokal- rowy, Turystyka Kulturowa, 2013, analysis aimed to indirectly show na w obszarach peryferyjnych 4, 68-80. the characteristics of the transport województwa małopolskiego w [15] Szymajda M. Prezydent Lesz- market of the peripheral area loca- dobie przemian rynku przewo- na chce walczyć o linię kolejo- ted on the border of three provinces, zów autobusowych, Prace Geo- wą do Głogowa, http://www. whose formal demarcation in the grafi czne, 2010, 124, 131-146. rynek-kolejowy.pl/wiadomo- Wschów region was not anchored [7] Kruszyna M. Dostępność połą- sci/prezydent-leszna-chce- in real socio-economic obligations, czeń jako kryterium konkuren- walczyc-o-linie-kolejowa-do- but the interest of the local admini- cyjności systemów transportu, glogowa-75813.html, 15.06.2016. stration. In the future, the developed Transport Miejski, 1999, 11, 20-25. [16] Zemła J. We Wschowie tęsknią material may become a basis for [8] Książek S. Przestrzenne następ- za pociągami, http://kurierkole- comparative studies on accessibility, stwa deregulacji transportu jowy.eu/aktualnosci/17592/We- transport marginalization and travel autobusowego na przykładzie -Wschowie-tesknia-za-pociaga- preferences of peripheral areas inha- powiatu świdnickiego, Transport mi.html, 1.06.2016. bitants. Miejski i Regionalny, 2014, 6, 10- [17] Plan zrównoważonego rozwoju 17. publicznego transportu zbioro- [9] Kusińska A Hierarchia uznawa- wego na sieci komunikacyjnej nych wartości jako czynnik kreu- w wojewódzkich przewozach jący popyt i konsumpcję, Kon- pasażerskich, 2015, http://bip.lu- sumpcja i Rozwój, 2011, 1, 93-106. buskie.pl/264/Plan_Transporto- [10] Mężyk A. Elastyczne formy trans- wy/#, 21.11.2015. portu publicznego w obsłudze

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