13.07.2015 Views

Network Statement 2014 - ProRail

Network Statement 2014 - ProRail

Network Statement 2014 - ProRail

SHOW MORE
SHOW LESS
  • No tags were found...

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

Article 10.Safety and the environment1. The railway undertaking may only carry out operations at a railway yard other than for the arrival, departure,transit or setting back of train traffic or for locomotive exchange if an environmental permit has been issuedfor such. Railway undertakings must give the network manager the opportunity to assess in advance whetherthe proposed operations at railway yards are pursuant to the conditions of the Environmental ManagementAct and the applicable environmental permit. Railway undertakings that (plan to) carry out operations atrailway yards that require an environmental permit, are obliged to consult and comply with the provisions ofthe environmental permit in question.2. The railway undertaking will use the railway infrastructure in accordance with the restrictions to use andregulations stated in Chapter 3.4.1 and Appendix 9 of the <strong>Network</strong> <strong>Statement</strong>.3. Furthermore, the railway undertaking accepts that the network manager monitors compliance by the railwayundertaking with these obligations in order to ensure compliance with the environmental and occupancypermits granted to the network manager.4. The railway undertaking will notify the network manager as soon as possible of any risk or occurrence ofdamage by the railway undertaking to the railways and/or the environment and/or the safety of third parties.This notification is without prejudice to the legal and contractual obligations of the railway undertaking.5. The network manager is entitled by virtue of relevant national and international regulations and/or a ruling bya court of law or arbitration board to determine that certain rail-based operating processes of the railwayundertaking specified by the network manager may not be carried out on the railways, or may only be carriedout at the locations designated by the network manager and/or subject to conditions imposed by it and/orusing the facilities located at the site. Included under operating processes are:a. Internal and external cleaning of railway vehicles.b. Testing of railway vehicles.c. Refuelling.d. Stabling of railway vehicles.e. Removal of waste resulting from operating processes and from railway vehicles.f. Inspection and maintenance of and/or repairs to railway vehicles.6. The railway undertaking will refrain from actions that exceed the noise limit values set by virtue of the NoisePollution Act or that breach the relevant conditions of the licences prescribed pursuant to the EnvironmentalProtection Act.7. The network manager can give instructions to the railway undertaking in case of a potential breach of thenoise limit values or conditions referred to in the previous paragraph.Article 11.Storage of liquids for the running of railway vehicles1. The railway undertaking is exclusively permitted to tranship environmentally dangerous liquids required forthe traction of railway vehicles and the operation of equipment at appropriate sites designated by the networkmanager, as referred to in Appendix 21 of the <strong>Network</strong> <strong>Statement</strong> (refuelling systems).Article 12.Train traffic restoration measures1. The parties will in case of a disruption of train traffic do all that may reasonably be expected of them toresolve the disruption and limit the negative consequences thereof.2. In this context, the network manager can take various measures, including the detention, diversion, insertion,slowing down or speeding up of trains, or the cancellation of train paths. The network manager therebyapplies the relevant regulations of the <strong>Network</strong> <strong>Statement</strong> as stated in Section 2.1 of the OperationalConditions.3. If the network manager offers a replacement train path in the cases as referred to in Paragraph 2 and Article8, Paragraph 6, the user charge for the replacement path will not be higher than for the original train path.Article 13.Cooperation by the railway undertaking1. The railway undertaking will at the instruction of the network manager cooperate in measures aimed asresolving a disruption, regardless of the cause thereof. If the network manager deems such necessary, therailway undertaking will make its equipment and auxiliary staff available in as far as such equipment and staffare suitable for the intended purpose.2. The costs of the assistance referred to in Paragraph 1 incurred by the railway undertaking, which has notcaused the disruption, will be at the expense of the network manager.3. If the disruption is for the risk and account of the railway undertaking, it will, at the network manager's firstrequest, compensate the network manager for the costs referred to in Paragraph 2 as well as all other costsincurred by the network manager in resolving the disruption.4. If the railway undertaking providing assistance, despite exercising the necessary care, causes damage to therailway undertaking receiving assistance and/or the network manager or itself suffers damage, the resultingloss is for the risk and account of the party to which the disruption can be attributed.5. If the railway undertaking providing assistance, despite exercising the necessary care, causes damage to athird party not being a party involved in the disruption, the resulting loss is for the risk and account of theappendix 5 Model Access Agreement and General Terms & Conditions<strong>Network</strong> <strong>Statement</strong> <strong>2014</strong> Combined <strong>Network</strong> - version 1.0 dated 9 January 2013 page 105

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!