Network Statement 2021 – July 2021 edition
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if the altered train formation conforms to the values defined during the planning process and set out in the schedule to the Access Contract, the RU contact shall notify the accredited IM contact within 2 hours of the train’s departure;
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in the event the train formation:
exceeds the values defined during the planning phase and set out in the annex to the Agreement;
entails reductions to the maximum speed or service ranking, due to deteriorations of the rolling stock or changes in the scheduled material;
entails a train length in excess of the length established in connection with the scheduling;
The RU shall officially request, at least 5 hours prior to departure, specific authorisation from the IM, who shall reply in a sufficient amount of time to allow the departure of the train with the new formation. The IM shall nevertheless be entitled to refuse the proposal and/or formulate new alternative proposals. In either case, the alterations to the train formation shall conform to the applicable regulations. If the IM finds a systematic use of changes in the train composition it must report the fact to the TRA. In all cases of official refusal of the request, the allocated path shall be considered cancelled through the fault of the RU, with the financial effects stipulated in paragraph 4.6.3. In the event of technical non-conformities found in a part of the components during the ancillary operations prior to train departure, or during the journey, the IM contact, after having been notified in real time by the RU contact, shall ensure that the latter acts promptly to remedy the non-conformities, as long as the maximum absolute values under the applicable regulations are complied with. If there are any delays in remedying the problem, the IM contact shall apply the provisions envisaged above.
Request for additional stops
The RU shall also be entitled to request, and the IM to grant, additional stops for passenger services or technical operations, provided that the train length fits the maximum length of the station platforms, as stipulated in Section 3, if it is necessary to utilise the platform. In the event a stop is planned for a train whose length exceeds the maximum length of the station platform, the RU shall undertake the necessary measures – on its own initiative, at its own expense and under its own responsibility – to ensure the safety conditions of the train, the passengers and the infrastructure, restricting the boarding/alighting of passengers solely to the carriages standing alongside the platform. In any case, the train formation shall conform to the yard’s technical characteristics. Such an request must be formally made to the IM contact 2 hours prior to departure of the train, who may accept or refuse the alteration according to availability/traffic conditions, promptly notifying the RU of its decision. In the event of refusal, the IM contact may propose an alternative solution. The IM must always provide the reasons for its refusal.
4.3.5.2 Specific needs of the Infrastructure Manager The IM shall be entitled to totally or partially cancel one or more allocated paths or services, to ensure service regularity or compliance with the schedule of services, in connection with the performance of engineering works on the infrastructure. Any cancellations must be notified by the RU via the IM-RU communication systems.
4.3.5.3 Force majeure events In the event the alterations are due to reasons beyond the control of either the RU or the IM, they shall be deemed to be due to force majeure events and, therefore, no penalty shall be applied.
4.4
ALLOCATION PROCESS
4.4.1 Framework capacity allocation process 113
