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Network Statement 2014 - ProRail

Network Statement 2014 - ProRail

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Capacity AgreementThe Access Agreement between <strong>ProRail</strong> and a titleholder, which is not a railway undertaking, isreferred to in the <strong>Network</strong> <strong>Statement</strong> as a Capacity Agreement. The Capacity Agreement onlyconcerns the allocation and reservation of capacity, but does not give any right to access or use of therailway infrastructure. The reservation lapses if the titleholder fails to inform <strong>ProRail</strong> within 6 weeks ofthe traffic date of the identity of the railway undertaking that will provide the train service on behalf ofthe titleholder.Conclusion of the agreement<strong>ProRail</strong> will on request inform titleholders about the particulars and documents to be presented prior tothe signing of the agreement. Titleholders who wish to conclude an Access Agreement are invited tocontact <strong>ProRail</strong> (contact particulars: see Chapter 1.8) from the time that the request for a safetycertificate is submitted to the Transport Inspectorate.Titleholders who wish to conclude their first Access Agreement as railway undertaking must take intoaccount that due to administrative preparations, a term of one week applies between the signing of theagreement and the first use of the railway infrastructure.2.4 Operational rulesSummary of regulations► The statutory rules for safe and unhindered use of the railway network are laid down in the RailTraffic Decree and associated regulations. ◄Supplementary to the statutory rules concerning safe and unhindered use of the railway network,<strong>ProRail</strong> has drawn up a set of operating rules to advance optimal use of the main railways andpromote efficient communications between <strong>ProRail</strong> and operational railway personnel. This set ofoperating rules takes the form of Operational Conditions, which are included in appendix 6.Regulations to be agreed upon:► The purpose of <strong>ProRail</strong> in concluding an Access Agreement is to reach agreement on optimal useof the main railways and efficient communications between <strong>ProRail</strong> and operational railwaypersonnel, subject to the terms of the Operational Conditions as included in appendix 6. ◄Official language<strong>ProRail</strong> uses Dutch as its official language in the TSI ‘Operations and Traffic Control’.2.5 Exceptional transportsTrains, vehicles or loads that do not meet the statutory requirements or the limit values for normaltraffic as described in Section 1.2 of appendix 6 ‘Operational Conditions’ can in certain cases - in sofar as allowed by law and without prejudice to statutory obligations in terms of exemptions -nevertheless be allowed to participate in traffic, subject to the conditions applicable to exceptionaltransport.<strong>ProRail</strong> has been authorised 22 to grant an exemption for running of railway vehicles, the load of whichexceed the applicable loading gauge for railway vehicles 23 ; exemptions from other statutoryrequirements are granted by the Transport Inspectorate.If a load is in the Red Measuring Area, see appendix 12, the railway undertaking must report such to<strong>ProRail</strong>, which may prompt instructions by <strong>ProRail</strong> 24 .222324Section 2 Paragraph 1 <strong>ProRail</strong> Mandate and Authorisation DecreeSection 12 Paragraph 1 Rail Traffic DecreeSection 12 Paragraph 2 Rail Traffic Decree<strong>Network</strong> <strong>Statement</strong> <strong>2014</strong> Combined <strong>Network</strong> - version 1.0 dated 9 January 2013 page 16

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