Public-Use Railway Infrastructure Capacity Allocation Procedure

Original Language Title: Publiskās lietošanas dzelzceļa infrastruktūras jaudas sadalīšanas kārtība

Read the untranslated law here: https://www.vestnesis.lv/ta/id/94459

 
Provisions of the Ministry of transport no. 21 in Riga august 4, 2004 public-use railway infrastructure capacity allocation order Issued in accordance with article 27 of the law of the railway's second and fourth part i. General questions 1. These rules shall determine the arrangements are divided into public use railway infrastructure capacity (the power).
2. Power up the maximum total number of trains allowed railway station, taking into account the technical condition of the circuit, speed and maintain the technological limitations.
3. public-use railway infrastructure (the infrastructure) power splitter, which, on the basis of the submissions, the carrier distributes the power between the carriers and approved by the Division of power plan is infrastructure manager (the Manager). The case manager is also the carrier power splitter is the National Rail Administration.
4. the capacity of the carrier is assigned the rights to use the infrastructure of a specific station.
5. The power is granted to twelve months a long time period that begins each year on the last Sunday in May and ends in May next year last Saturday.
6. the manager shall, on the basis of the approved distribution plan for capacity, develop a train schedule for the year (hereinafter annual schedule).
II. submission of the application and consideration of the agenda 7. In order to obtain access to infrastructure, carriers shall be submitted by the power splitter application requests for capacity in accordance with the form in annex.
8. the power demand for the next application period for the allocation of capacity shall be submitted to the carrier by October 15.
9. the application shall be accompanied by the carrier: 9.1. copy of the rail carrier;
9.2. security of the rail carrier copy of the certificate;
9.3. the previous annual capacity application performance analysis under it;
9.4. information on the national railway contract, if the carrier wants the benefits in accordance with paragraph 13.
10. If the application does not need to make any corrections or additions, it made 7 working days after the submission of the application and resubmit the power splitter.
11. the carrier who does not have a security certificate for the operation of the Infrastructure requested stations may qualify only on the free part of the whole power and adds application motivated explanation for your request.
III. capacity allocation criteria 12. In considering the submissions, the carrier should be guided by the equal rights of all carriers on non-discriminatory principles and effective potential of the railway (transport capacity, technical operating parameters) use considerations, taking into account the interests of the carrier.
13. capacity Allocation, priority is given to trains, which runs the national railway contract basis, in accordance with article 27 of the law of the railway's third part, or pursuant to the international agreements concluded.
14. the Division of power, also comply with the following criteria: 14.1 the carrier and Manager experience of cooperation;
14.2. the regularity of the planned infrastructure, the intensity and duration;
14.3. the train weight compliance efficient use of infrastructure.
15. The power splitter are obliged, making the capacity, the capacity of the reserve Manager's technological needs and repair works.
IV. Capacity allocation 16. If the carrier's request may fully satisfy, the carrier is given all power requested by them.
17. In case the requested Capacity is greater than the possibility of grant, and the request can be satisfied only in part, the carrier offers: 17.1. Select another time requested train route (if the time mentioned in the application);
17.2. other routes than indicated in the application;
17.3. to reduce passenger trains running, reducing the number of stops or otherwise;
17.4. to reduce the total weight of the passenger train, or use a traction unit with better traction;
17.5. to increase the total weight of the freight train or use a traction unit with better traction;
17.6. to waive any of the required capacity.
18. If the carrier agrees, in accordance with paragraph 17 of the proposals offered by the carrier is assigned an agreed capacity.
19. If the carrier does not agree to amend the power request in accordance with paragraph 17 proposals, offered two weeks from when the carrier announced his partial satisfaction of demand, the power splitter tool of their choice the power auction, applying the appropriate infrastructure charging principles, or a public sale offer for the carrier to agree with other carriers who claim to power at the same station, and submit to the power splitter to the agreed solution of the conflict.
20. If the power splitter tool auction, it happens according to the power splitter. Auction results in a power is granted to the carrier, which promised a fee for the use of infrastructure in the district is the highest.
21. If the power splitter will hold the auction and the carriers fail to agree within one month of the conflict situation occurred the moment the power splitter power distributed according to this provision the procedures laid down in chapter III.
22. Power Splitter shall take a decision on the Division of Power and power distribution plan approved no later than December 15. If the power strip is the National Rail Administration, it shall take a decision on the Division of Power and power distribution plan approved after reading Manager and the proposals submitted on the power distribution between carriers.
23. Not requested and retained power remains at the disposal of the Managers, who, on the basis of the submissions, the carrier distribution, subject to these rules, procedures and principles.
V. annual train movements schedule 24. Manager draws up the annual train movements schedule (hereinafter referred to as the annual schedule) according to the Power-sharing plan.
25. the annual schedule is an engineering document defining the procedures for train movements.
26. When drawing up the annual schedule, the Manager must comply with the following train category priority (ranked from most important to least important): 26.1. international passenger trains;
26.2. accelerated (International) freight train;
26.3. domestic (regional) passenger trains;
26.4. passenger trains that ply suburbs within the metropolitan area;
26.5. a freight train for transport in closed routes;
16.5. the pick and izvedvilcien;
16.6. the rest of the train.
27. the manager shall establish and notify the carrier of the schedule not later than one month before its entry into force.
Vi. Amendment of schedule 28. Manager is entitled to amend the schedule for the year in accordance with the planned repair works or after the written submissions of the carrier in case it does not affect the capacity of the distribution plan approved.
29. If an amendment to the schedule of the year affect the capacity of the distribution plan approved, amendments to the schedule of the year can be done only after the power strip power distribution plan made the necessary adjustments.
30. The carrier shall be entitled to submit a written application for amendment to the trip parameters (such as the use of other routes or extending the existing route, places, and change the stop time, etc.), which is already the trains included in the accepted Year schedule.
31. the proposal of schedule changes are submitted within the following time limits: 31.1. international passenger trains — at least 60 a day before the planned trip;
31.2. domestic passenger trains — at least 25 a day before the planned trip;
31.3. freight train — at least 25 a day before the scheduled trip.
32. the Manager may accept the proposed amendments, provided they do not affect the interests of other carriers.
33. in the case where one of the carrier's proposed amendments to the schedule of the year affect the interests of other carriers, the carriers of solutions through negotiations and submit to the Manager agreed, subject to the above terms. If an agreement is not reached by these deadlines, the amendments will not be accepted.
34. If the carrier does not use the assigned schedule over the course of the year the line manager shall have the right to assign this course line to another carrier.
35. the annual schedule of running line is not in use, which are not subject to these regulations shall be governed by the agreement on the use of infrastructure.
VII. Management action in the case of infrastructure overload 36. where infrastructure is congested, the infrastructure manager shall take the analysis with the aim to identify capacity constraints and to offer solutions or measures to prevent it.
37. the Manager can offer carriers participate in activities that will increase the capacity of the infrastructure concerned.
38. in the case where the infrastructure is overloaded, the power splitter is entitled not to grant the power of those carriers, which the train weight is less than a certain weight train Managers.

39. disputes that arise over the distribution of power between the carrier and the power splitter under the rail Act article 31, first paragraph, point 8 of the National Rail Administration, but if it has power splitter, then the dispute will be dealt with in the legislation of the Republic of Latvia in accordance with the procedure laid down for national institutions ' decision to challenge.
Deputy Prime Minister, Minister ad interim traffic a. Shlesers annex