Network Statement 2014 - ProRail

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2. The network manager can terminate the Access agreement by registered letter subject to a notice period of 2months, in case of:a. A mandatory change in the relevant regulations, the consequences of which could not be foreseen,which prejudice the obligations of the network manager and hinder the network manager in the fulfilmentof its obligations.b. The railway undertaking deliberately defaults or acts in gross negligence with regard to essentialcontractual obligations other than those referred to in the Paragraph 1g.3. If performance of the Access Agreement is suspended on grounds of Article 24 Paragraph 1 of these GeneralTerms & Conditions, the network manager can, after granting the railway undertaking a reasonable period torectify the situation, terminate the Access Agreement if the railway undertaking remains in default.Article 26.Termination by the railway undertaking1. The railway undertaking can, without prior notice of default or judicial intervention, effect immediatetermination of the Access Agreement by registered letter if:a. The network manager loses the Concession, either in full or in part, in as far as relevant to the provisionof service by the network manager to the railway undertaking.b. The network manager is declared bankrupt or insolvent.c. The network manager is granted a moratorium.d. The network manager defaults on a significant contractual obligation, which concerns the safety ofpersons or goods, including freight loads.2. The railway company is entitled to terminate the Access Agreement, subject to a notice period of 2 months, incase of:a. A mandatory change in the relevant regulations, the consequences of which could not be foreseen,which prejudice the obligations of the railway undertaking and hinder the railway undertaking in thefulfilment of its obligations.b. The network manager deliberately defaults or acts in gross negligence with regard to other essentialcontractual obligations.3. In cases other than those referred to in the first two paragraphs, the railway undertaking can terminate theAccess Agreements by registered letter, subject to the notice period stated in the Access Agreement.4. If performance of the Access Agreement is suspended on grounds of Article 24, Paragraph 1 of theseGeneral Terms & Conditions, the railway undertaking can, after granting the network manager a reasonableperiod to rectify the situation, terminate the Access Agreement if the network manager remains in default.5. If the network manager changes the Access Agreement and/or General Terms & Conditions, the railwayundertaking can in the event it objects to the change, terminate the Access Agreement, subject to a noticeperiod of 3 months from the moment the change comes into effect.Article 27.Compensation on termination of the Access AgreementNo compensation whatsoever is payable in case of termination of the Access Agreement under Title VI, except inthe case of termination on grounds of a moratorium, bankruptcy or attributable failure.Article 28.Scope, applicable law and resolution of disputes1. These General Terms & Conditions are applicable to Access Agreements.2. The Access Agreement and the General Terms & Conditions are governed by Dutch law, includinginternational treaties applicable in the Netherlands, in particular the COTIF 1999 with Annexes.3. All disputes, with the exception of those ensuing from Section 61 Railways Act and the Order in Councilbased thereon, ensuing from the Access Agreement and/or these General Terms & Conditions, which theparties cannot settle amicably will be submitted to the competent civil court in Utrecht or to a committeeappointed by the parties in which the parties appoint an equal number of members, which committee ischarged with assessing whether an amicable settlement can be reached between the parties.4. In deviation of Paragraph 3, the parties can agree that the disputes as referred to same paragraph will besolved in accordance with the applicable regulations of the Netherlands Arbitration Institute. The arbitrationboard, which will decide in accordance with the law, can consist of one or three arbitrators. The arbitration willbe held in Utrecht.5. Paragraphs 1 thru 4 of this article are without prejudice to Section 71 of the Railways Act.appendix 5 Model Access Agreement and General Terms & ConditionsNetwork Statement 2014 Combined Network - version 1.0 dated 9 January 2013 page 112
appendix 6 Operational Conditions (§ 2.4)Operational Conditions Access Agreement ProRail 2014 (version 1 December 2012)1 Capacity planning1.1 Route scheduling responsibilities 80The author (or revisor) of a train schedule is responsible for compliance with the planning and loadnorms laid down by the network manager in the Network Statement, as well as any applicabledeployment limitations for railway vehicles.If the railway undertaking makes use of the services of the ProRail One-Stop-Shop (OSS) for thedrafting of timetables, any applicable deployment limitations must be communicated to ProRail OSS.Planning of the priority route will then take into account the requested deployment and the limitations of theadmission certificate or the Exceptional Transport regulations declared by railway undertakings.The railway undertaking planning or requesting the planning of a train path for a train with specificcharacteristics (such as length, gauge, axle load, traction form) will test whether the offered train pathis subject to specific user restrictions (such as maximum train length, gauge, the presence or absenceof overhead contact lines) and will ensure (including through instructions to operational personnel) thatthe train making use of the path is in accordance with the stated limitations.The railway undertaking will use the agreed capacities with train compositions that meet the potentialfor use offered by those train paths and tracks.1.2 Exceptional transport 81Application of the regulations for Exceptional Transport is necessary in the cases below 82 .• The running of high-speed passenger trains longer than 400 m 83 .• The running of freight trains longer than 750 m 84 .• The running of trains that are not suitable for a running speed of at least 60 km/h on route sectionsdesigned for a speed of 80 km/h 85 .• The running of railway vehicles, the vehicle gauge of which exceeds the reference profile for thatroute section 86 .• The running of trains that include vehicles carrying a load that exceeds Loading Class C2 87 .• The running of trains or vehicles under an exemption granted pursuant to the Railways Act,whereby specific conditions are to be agreed with the network manager 88 .• The running of railway vehicles which under the terms of the UIC regulations (UIC Leaflet 502-1) 89are qualified as Exceptional Transport.• The running of trains of which the last vehicle is unbraked.The network manager does not admit vehicles as Exceptional Transport unless the applicableconditions – as prescribed in the Regulations for Exceptional Transport – are met. The Regulations forExceptional Transport, on the Combined Network and the Betuwe Route 90 can be requested fromProRail One-Stop-Shop. The network manager endeavours to agree upon Regulations for ExceptionalTransport with the railway undertaking operator within 14 days. The additional costs incurred by the8081828384858687888990See Network Statement § 4.8See Network Statement § 2.5 and § 3.3.2See Network Statement § 2.5See Network Statement § 3.3.2.5See Network Statement § 3.3.2.5See Network Statement § 3.3.2.4 and Appendix 16See Network Statement § 3.3.2.1; an exemption by the Minister of Infrastructure and the Environmentpursuant to Section 36 Railways Act is required in some cases.See Network Statement § 3.3.2.2Section 36 Railways ActLeaflet available on request from the One-Stop-Shop of ProRailProRail advises Keyrail concerning exceptional transport train movements on the Betuwe Route.appendix 6 Operational ConditionsNetwork Statement 2014 Combined Network - version 1.0 dated 9 January 2013 page 113
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Network Statement 2014Combined Netw
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Contents1 General information 51.1
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1 General information1.1 Introducti
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with due consideration for their op
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• The tariffs have been updated o
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Charging InformationSystem (CIS)CIS
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2 Access conditions2.1 Introduction
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infrastructure. A Framework Agreeme
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2.6 Dangerous goodsThe transport of
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3 Infrastructure3.1 IntroductionThi
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3.2.3 Further informationThe Networ
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CategoryAvailability / ReliabilityN
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Exceptional Transport, subject to t
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Table 3.4CategoryDescription of the
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• Radiotelephone channels used fo
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(parties who are co-responsible for
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Maasvlakte; Valburg CUPThe above su
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attached to the transport or handli
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3.7 Freight terminalsThe loading an
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CategoryLocationUser conditionsNote
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CategoryNotesUser conditions • Th
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4 Capacity allocation4.1 Introducti
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4.2.2 Process in generalFour types
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these tests could have implications
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• or in another form to be agreed
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- Short stabling takes precedence o
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4.4.1.3.3 Determination of allocati
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the required capacity. ProRail will
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Process System Brief explanationAnn
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allocation plan. Trains that are un
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Page 67 and 68: 5.3 Transfer service groupThe servi
Page 69 and 70: Delivery termsUser conditionsA rese
Page 71 and 72: TariffDelivery termsUser conditions
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Page 79 and 80: 6 Charges6.1 IntroductionThis chapt
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Page 86 and 87: Supplementary to the railway stated
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Page 92 and 93: TermTrain slotDefinitionA train slo
Page 94 and 95: (empty page)appendix 2 DefinitionsN
Page 96 and 97: (empty page)appendix 3 Consultation
Page 98 and 99: (empty page)appendix 4 General Regu
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Page 106 and 107: party causing the disruption. The p
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Page 114 and 115: network manager in connection with
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Page 124 and 125: appendix 7 Transport and operating
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Page 130 and 131: (empty page)appendix 8 ReportsNetwo
Page 132 and 133: Passenger transport restrictionsThe
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Page 142 and 143: Measure Status Ready for operationC
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Page 148 and 149: NotesSpecial loading gaugesThe spec
Page 150 and 151: (empty page)appendix 13 Axle loads
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(empty page)appendix 18 Moveable ra
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(empty page)appendix 19 Platform le
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(empty page)appendix 20 Public load
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Information on the storage capacity
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2.2 Interval and intersection times
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Table 3Intersection time in the opp
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Examplesappendix 22 Timetable draft
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appendix 22 Timetable drafting norm
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appendix 22 Timetable drafting norm
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(empty page)appendix 22 Timetable d
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2 Description of the Path Coordinat
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CategoryDelivery termsUser conditio
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2 Description of the report on insi
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(empty page)appendix 24 Application
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(empty page)appendix 25 Services co
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Name of the stationStation category
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Name of the stationStation category
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(empty page)appendix 26 Stations (
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(empty page)appendix 27 Performance
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Route sectionCompensationtariffBreu
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Network Statement 2014 - ProRail

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