Rs 742.122 Order Of 25 November 1998 On Access To The Rail Network (Tao)

Original Language Title: RS 742.122 Ordonnance du 25 novembre 1998 sur l’accès au réseau ferroviaire (OARF)

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742.122 order on access to the rail network (Tao) of 25 November 1998 (status on September 1, 2014) the federal Council Swiss, view the art. 9, art. 3 and 6, 9b, al. 4, and 97 of the Federal Act of 20 December 1957 Railway (EBG), stop: Section 1subject and scope art. 1 purpose this order regulates the use of rail infrastructure by rail transport companies (network access).
It applies to rail infrastructure operated on the basis of a concession or an International Convention.
It doesn't have to be granted access to the network on: a. the only rack railway railways; b. the sections whose characteristics exclude the use by other companies of transport ferroviaire.c. parts of installation a railway company operated exclusively for the purpose of maintenance of vehicles or infrastructure.

Art. 2 abroge Section 2acces to the network for Swiss companies art. 3 access to the network (art. 8 c and 8 d EBG) the federal Office of transport (fot) statue on the application for the grant or renewal of an authorization for access to the network in the three months following the receipt of such request.
The OFT may restrict access to the network for certain types of transport or certain sections.

Art. 4 professional capacity (art. 8 d, para. 1, let. a, EBG) the rail transport undertaking must attest to its professional capacity to ensure safe and reliable operations in the procedure for granting of the security certificate.

Art. 5 financial capacity (article 8 d, para. 1, let. b, EBG) the rail transport undertaking has the required financial capacity when its data suggests that it is able to meet its financial obligations for at least a year.
If the financial capacity is insufficient, but a financial reorganization is underway, the OFT may grant a temporary permit for a maximum period of six months.
Directions to attest to the financial capacity are defined in the annex.

Art. 5A insurance coverage (art. 8 d, para. 1, let. b EBG) coverage of the company is sufficient when it certifies that she is insured against the consequences of the liability for at least CHF 100 million per claim or has equivalent securities.
If the insurance contract is due before the date indicated in the certificate of insurance, the insurance company agrees to cover despite all claims for damages until the withdrawal of the authorization according to the provisions of the contract, but no later than the fifteen days from the date from which the OFT has been informed of the end of the contract. Deemed date of withdrawal is the time the withdrawal decision was in force.

Art. 6 integrity of those responsible for the management (art. 8 d, para. 1, let. c, EBG) during the ten years preceding the filing of the application, the rail transport undertaking and the persons responsible for its management must not have been convicted of: a. a crime; b. of serious or repeated violations of the requirements in the industry regarding the compensation social insurance and working conditions, including the hours of work and rest; c. of serious or repeated violations of the provisions relating to the safety of rail traffic or the requirements of train traffic; Oud. serious crimes or repeated to the provisions relating to the customs procedure.

Any act of default of property does exist against the company or the persons responsible for its management.

Art. 7 provisions of the labour law, working conditions of the branch (art. 8 d, para. 1, let. d, EBG) the rail transport undertaking has its labor agreement. If there is no collective agreement, it provides the FOT at least of data on wages, on weekly working time and on the right to holidays.

Art. 8 seat in Switzerland (art. 8 d, para. 1, let e, EBG) the rail transport undertaking must be registered in the commercial register.

Section 3acces to the network for foreign companies art. 9. for the races on adjacent sections, foreign authorities for access to the network can be recognised, even without a bilateral agreement on mutual recognition of access permissions to the network.

New content according to section I of the O on May 29, 2013, in effect since July 1. 2013 (2013 1651 RO).

Section 4 principles of access to the network art. 10 duties of the Manager of the infrastructure it is accepted that the infrastructure manager grants access without discrimination to its network if, in the allocation of train paths and setting their prices for its own use, it applies the same rules as those which apply to third parties; (b) If, in equivalent terms, third parties are treated equally in the allocation of the furrows and setting their prices; c. is it no conditions technical which is not provided for in a law or an order; d. If he publishes the basic conditions for access to the network, insofar as they are not mentioned in this order, as well as the essential technical characteristics of the line such as profile (gradient), the rays curves, the length of the lanes of sidings and docks , the class of the line and equipment safety; e. If it offers additional benefits (art. 22), insofar as the existing infrastructure and staff permit.

The OFT prescribes the manner in which the documents must be published.


New content according to chapter I of O on August 31, 2011, in effect since Oct. 1. 2011 (2011 4331 RO).
New content according to chapter I of O on August 31, 2011, in effect since Oct. 1. 2011 (2011 4331 RO).
Introduced by section I of O on May 29, 2013, in effect since July 1. 2013 (2013 1651 RO).
Repealed by no I of O on May 29, 2013, with effect from July 1. 2013 (2013 1651 RO).

Art. 11 deadline for booking the furrows furrows are awarded regularly based on the procedure of the schedule. The OFT sets deadlines for booking requests and allocation procedure at the same time as the dates for the procedure of the schedule.
If a company asks a furrow outside the time limits provided for in para. 1, but at least 60 days before the first race, she is informed within 30 days if the desired Groove is still available.
The deadline to apply for furrow comes a. at 5 pm the day before the no regular races made by companies who have already booked other furrows on line for the same period of time; forgotten the source. 30 days before the first race in all other cases.

The infrastructure manager may set no later than the expiry of the deadline for booking.
The permission to access the network and the security certificate are not required in the allocation of train paths.

Art. 11aTransfert of furrows the network users are not allowed to rely on others the grooves that have been assigned.

Introduced by chapter I of O on June 16, 2003, in force since Jan. 1. 2004 (RO 2003 2479).

Art. 11bTravaux along stretches if a stretch is to be temporarily closed for repairs, the infrastructure manager must communicate the limited availability of the stretch two months before the expiration of the time limit for the booking of the furrows. It must communicate extended night closures and closures at the weekend three months in advance. It may be appropriate in the short term with the rail transport undertakings of the closures which have no impact on the guarantee of matches for the transportation of passengers and for which there is a possibility to divert freight traffic.
When closing has been communicated within the time limits, the infrastructure manager supports the additional costs of the company of rail transport due to the transport of replacement or deviations. When the closure was not provided in time, he is also operating costs and revenue losses incurred by the rail transport undertaking. The costs, charges and minimal revenue losses are not compensated.
The OFT tying the ends in a directive.

Introduced by chapter I of the August 31, 2011 (RO 2011 4331) O. New content according to section I of the O on May 29, 2013, in effect since July 1. 2013 (2013 1651 RO).
New content according to chapter I of O on August 13, 2014, in effect since Sept. 1. 2014 (2014 2603 RO).

Art. 12Attribution of the furrows of the infrastructure manager assigns furrows according to the hierarchy of priorities set at the art. 9A EBG. Bookings of the same rank, it takes into account that makes the largest contribution of coverage. If the contribution of coverage is the same, or if a reservation relates to freight traffic, it proceeds to an auction. The OFT tying the ends in a directive.
The attribution of a furrow is void if it took place in order to circumvent the hierarchy of priorities.
If a furrow is not given or is not at the desired time, the reasons for the decision must be communicated to the applicant company.

If a rail transport company operates a furrow of an overloaded line (art. 12A) to a lesser extent than the conditions of access to the published network define it, this Groove can be attributed to another applicant. This provision is not valid when the rail transport undertaking is unable to influence the low operation and that it is not economic causes.
On the proposal of the Manager of the infrastructure or a rail transport company, the OFT can grant entirely or partially the priority within the meaning of art. 9, art. 3, EBG for freight traffic, if it's the only way to sell it on the rail. On the sections used to carry at least 1000 passengers per day and per sector, priority remains given to a pair of trains per hour of regional traffic and traffic long distances.
The provisions on transport in the context of national security (art. 41 LTV) cooperation are reserved.

New content according to chapter I of O on August 31, 2011, in effect since Oct. 1. 2011 (2011 4331 RO).
New expression according to section I of the O on May 29, 2013, in effect since July 1. 2013 (2013 1651 RO). This mod has been taken throughout the text.
RS 745.1 art. 12aLignes overloaded the infrastructure manager says that the line is overloaded when it cannot take into account some requests for allocation of slots due to the insufficient capacity of the line.
If not overloaded lines are available, rather than offering an alternative there.
When a line is found to be overloaded, the infrastructure manager is entitled to remove already assigned to trains travelling Alternatively furrows and no longer offer these furrows, as long as the capacity of the line be better exploited.
When a line is overloaded, the infrastructure manager research reasons and exposes the measures in the short and medium term to remedy. There is to this analysis of the capabilities to the OFT in a period of three months after the line was declared overloaded.
The infrastructure manager shall submit to the OFT a plan to increase capacity within six months following the completion of the analysis of capacity.
The OFT shall submit this plan to the users of the overloaded line. It approves it or request changes.

Introduced by chapter I of O on June 16, 2003, in force since Jan. 1. 2004 (RO 2003 2479).
Introduced by chapter I of O on August 31, 2011, in effect since Oct. 1. 2011 (2011 4331 RO).
Introduced by chapter I of O on August 31, 2011, in effect since Oct. 1. 2011 (2011 4331 RO).

Art. 12bConvention-Framework infrastructure manager and companies wishing to transport (art. 9, para. 4, EBG) may enter into a framework agreement on access to the network. This convention sets the characteristics of the furrows to assign.
The framework convention concluded in general for two time periods, but up to ten years.
Does not guarantee exclusive usage rights.
The infrastructure manager may terminate in the prospect of a better use of the lines. The agreement may provide compensation if necessary.

Introduced by chapter I of O on June 16, 2003, in force since Jan. 1. 2004 (RO 2003 2479).
New content according to section I of the O on May 29, 2013, in effect since July 1. 2013 (2013 1651 RO).

Art. 13 indication of the rail transport company the names and addresses of the rail transport company are public, even data in hours of service.

Art. 14Perturbations of exploitation in the event of disruption of the operation, the infrastructure manager is empowered to give instructions to the users of the network. They and the Manager of the infrastructure are required to learn each other and to provide each other assistance personnel and material, both to remedy the disturbances to maintain public transport.
If the disturbance causes the closure of a stretch for several days, the infrastructure Manager defines, in agreement with the rail transport companies concerned, sections of siding, furrows, and transport of (time of emergency) replacement. He published the schedule of emergency in an appropriate manner.
The schedule of emergency provides the best possible use of the available capacity rate. The matches in passenger transport indicated in the schedule of emergency must be guaranteed.
If the disturbance causes a closure of the section which is likely to take more than 30 days, the infrastructure manager determines the share of freight traffic to the different rail transport undertakings on the concerned section and the section of siding. He attributes the furrows on the section of siding to rail transport companies based on their share of traffic on the concerned section and the section of siding. It can remove furrows already attributed to passenger or freight traffic if it serves an optimal use of the capabilities.
If the stretch of avoidance through networks of several infrastructure managers, these are developing a common emergency staff responsible for the tasks referred to in the al. 2 to 4.

New content according to chapter I of O on August 13, 2014, in effect since Sept. 1. 2014 (2014 2603 RO).

Section 5 agreement on access to the network art. 15 form and content of the convention on access to the network (art. 9, para. 2, EBG) must be entered into between the infrastructure manager and the railway transport company. It will be drafted in an official language of the Switzerland or in English and in two copies.
It will show at least: a. the contracting parties; b. the admissibility of the use of sub-contractors or business partners and the information to be exchanged in this case; c... .d. the duration of the agreement; (e) the definition of the furrows and their quality f. price of the furrow and data needed for the calculation of it; g. payments to be made in the event of failure to comply with the convention; h. the terms of withdrawal to the company of rail transport (denunciation clause); i. the language (s) official (s) to be used by staff; j. the rights and obligations inherent to the supervision of the train by the train control devices.

If there is already a convention and its validity must be enriched by a furrow, the rail transport undertaking may, to confirm the data referred to in para. 2, let. e and f, send an e-mail message to save by the infrastructure manager.

Repealed by section I of the O on June 16, 2003, with effect from Jan 1. 2004 (RO 2003 2479).
Introduced by chapter I of O on August 31, 2011, in effect since Oct. 1. 2011 (2011 4331 RO).

Art. 16 supplementary charge unless otherwise provided by the convention, the following provisions shall apply: a. the convention passes without other formalities to any successor legal.b. geographic and temporal deviations from the defined furrow are allowed only in cases of force majeure.

Art. 17Utilisation of the own infrastructure when a company uses its own infrastructure, it is required to provide beforehand to the OFT the indications provided for in art. 15, al. 2, let. e to g and j.

New content according to section I of the O on May 29, 2013, in effect since July 1. 2013 (2013 1651 RO).

Section 6 furrows Art. prices 18Principe the fee referred to art. 9B EBG (price of the Groove) consists of the price of the services base and prices for additional services.
The price of the basic benefits consists: a. the base price; b. contribution of coverage; c. the price of electricity.

The price of the Groove for a section must always be fixed without discrimination and according to the same scales.
Differentiations and discounts other than those provided for in art. 19 to 22 are not allowed. It is possible to conclude agreements simplifying the counts, but it must be able to prove at any time that third parties are not disadvantaged.

New content according to chapter I of O on August 31, 2011, in force since Jan. 1. 2013 (2011 4331 RO).

Art. Base 19Prix the base price for all types of transport covers normative marginal costs and takes into account the different infrastructure on the network, the application costs and the environmental impact of vehicles.
The OFT sets the base price by category section according to the indications of the infrastructure managers and the structure based on the costs generated: a. per train-kilometre; b. per ton gross-kilometre.

The base price is conditioned by: a. a coefficient linked to the demand by furrow; b. a coefficient linked to the quality of each furrow; c. a supplement to stop demand; d. supplements and discounts related to the environmental impact according to the quality of vehicles; e. a discount for the races on equipped sections of the ETCS automatic stop device.

New content according to chapter I of O on August 31, 2011, in force since Jan. 1. 2013 (2011 4331 RO).

Art. 19aCoefficients, supplements and discounts


The coefficient linked to the demand by furrow double the base price per train-kilometre on the normal track lines highly sought Monday to Friday from 6: 00 to 9: 00 and from 16 h to 19 h (peak hours). A line is considered as highly requested when at peak hours, six at least there trains per kilometer of main track and per hour. The OFT publishes a list of these lines.
The coefficient linked to the quality of each furrow multiplies the base price by: a. 1.25 for the furrows of dealer passenger transport long distances (category A); (b) 1 for the grooves of the rest of the dealer carriage of passengers (category B); c. 0.7 for the furrows of transport no dealer (category C); d. 0.6 for furrows involving a total travel time exceeding than 15 minutes the travel time of the fastest Groove and at equal speeds for the furrows with a stop at one or more intermediate stations (category D).

For the furrows of the baselines of the tell and the Gotthard, categories C and D coefficients are respectively 1 and 0.7.
The supplement for stop demand is 2 francs a stop on the sections on which circulates a mixed traffic formed regional transportation and at least twelve trains per day of passenger transport long distances or supra-regional goods traffic. The OFT publishes a list of these sections.
Supplements and discounts related to the impact on the quality of vehicles are the following: a. an extra 0.3 cent per ton gross-kilometre for trains with thermal traction circulating on electrified sections, with the exception of the test runs, races of historical vehicles and trains managers of infrastructure; (b) for the transport of dangerous goods , a surcharge of: 1. 2 cents per axle-kilometre for vehicles without bogies, 2 4 cents per bogie-kilometre for vehicles with bogies;

c. a noise bonus.

Introduced by chapter I of O on August 31, 2011, in force since Jan. 1. 2013 (2011 4331 RO).
New content according to section I of the O on May 29, 2013, in effect since July 1. 2013 (2013 1651 RO).
New content according to section I of the O on May 29, 2013, in effect since July 1. 2013 (2013 1651 RO).

Art. 19bBonus-noise if you make the request, the rail transport undertaking has, for the races of the freight traffic with vehicles equipped with disc brakes, brake drum or brake composite shoes, in a low-noise bonus of: a. 1 penny per axle-kilometre to race with vehicles whose wheels have a diameter of less than 50 centimetres; b. 2 cents per axle-kilometre to race with vehicles equipped with brake shoes composite or brake drum and the wheels have a diameter greater than or equal to 50 centimetres; c. 3 cents per axle-kilometre for shopping with brakes to discs and wheels equipped vehicles have a diameter greater than or equal to 50 centimeters.

The OFT sets case by case category belong the vehicles with other systems of braking or braking systems combined. However, it takes into account the value allowed and operating values.
Low-noise bonus applications must be presented to the OFT for a calendar year and no later than end of June of the following year. They include: a. a list of vehicles for which the noise bonus is requested; b. indications on the brakes and the diameter of the wheels of the said vehicles; c. the mileage provision in axle-kilometres of such vehicules.d. other indications that the OFT requires and which are necessary to assess the application.

The right to the bonus noise is obsolete if the deadline of submission of applications.
Applications approved by the OFT are made to the infrastructure managers.
The low-noise bonus is rendered by the infrastructure managers.

Introduced by chapter I of O on August 31, 2011, in force since Jan. 1. 2013 (2011 4331 RO).
Introduced by chapter I of O on August 13, 2014, in effect since Sept. 1. 2014 (2014 2603 RO).

Art. 19cDispositif of automatic stop ETCS on demand, a discount of 25 000 francs per year per vehicle equipment is given on the price of the Groove for the races on the equipped sections of the ETCS automatic stop device.
The discount is granted until 31 December 2024 for the vehicles placed in service before January 1, 2013 circulating on the stretch when - Rothrist or the basic lines of the tell, Gotthard or the Ceneri.
Vehicles with ETCS equipment has been subsidized by the Confederation are unable to receive the discount.

Introduced by chapter I of O on August 31, 2011, in force since Jan. 1. 2013 (2011 4331 RO).

Art. 19dRedevance of cancellation if one gives up, some days isolated, to use a reserved furrow, a cancellation charge instead of the price of the furrow. This fee covers the administrative costs and helps cover the costs of provision.
The cancellation fee amounts to: a. 10 cents per kilometre if waiver up to 61 days in advance; (b) 50 cents per kilometre if waiver up to 31 days in advance; c. 80 cents per kilometre in case of renunciation before 5 pm the previous day; d. 1 fr. 20 per kilometre in case of surrender after 5 p.m. the previous day; e. 10 cents per kilometre for the furrows of category D for transport with a stop at one or more intermediate stations.

Introduced by chapter I of O on August 31, 2011, in force since Jan. 1. 2013 (2011 4331 RO).

Art. 20Contribution of coverage in the non dealer passenger, the contribution of coverage amounts to 0,0027 franc per kilometre of the offer, with the exception of the empty runs.
In dealer passenger transport, the contribution of coverage is calculated based on the product of the transport. This product includes revenue from the sale of securities of transport, reservations, supplements and luggage transport.
The licensing authority fixed contribution to coverage of the passenger subject to concession as follows: a. for ordered services, it set 18 months before the start of the year of the schedule, after consultation of the infrastructure managers, users on the network and sponsors concerned; (b) for other services, it is determined at the granting of the concession on the basis of demand and the proposal of the infrastructure managers concerned; If the concession is granted for more than five years, periodic monitoring and a new assessment of the contributions of coverage must be provided.

Contributions from coverage of the passenger subject to concession must be published (art. 10).
Subject to para. 5, no contribution of coverage is seen in goods traffic.
If the contribution of cover is fixed as part of the auction in accordance with art. 12, al. 1, this is the amount that is due.
The al. 1 to 3 and 5 are applicable by analogy to services subject to federal approval.

New content according to section I of the nov 4 O. 2009, in force since Jan. 1. 2010 (2009 5813 RO).
Introduced by chapter I of O on August 31, 2011, in effect since Oct. 1. 2011 (2011 4331 RO).
New content according to chapter I of O on August 31, 2011, in effect since Oct. 1. 2011 (2011 4331 RO).
Introduced by chapter I of O on August 31, 2011, in effect since Oct. 1. 2011 (2011 4331 RO).
Introduced by section I of O on May 29, 2013, in effect since July 1. 2013 (2013 1651 RO).

Art. 20aPrix of electricity the OFT sets the price of electricity on the basis of the indications of the infrastructure managers so that it does not not covered costs overall.
The price of electricity is increased by 20% at peak hours and decreased by 40% from 10 p.m. to 6: 00.
If the users of the network give up to equip the vehicles with electricity consumption measuring devices and calibrate these, infrastructure managers can set schedules for each category of train based on standard measures. However, they take into account the power consumption of devices intended for comfort and energy efficiency of vehicles.

Introduced by section I of O Nov. 4. 2009, in force since Jan. 1. 2010 (2009 5813 RO). New content according to chapter I of O on August 31, 2011, in force since Jan. 1. 2013 (2011 4331 RO).

Art. Basic 21Prestations basic benefits include:

a. the use of the furrow according to defined quality, including the regulation of traffic; b. the outlet from the contact wire; c. safety and punctuality of the conduct of operations on the stretch, in stations and in the nodes visited, including computer and telecommunication necessary to that effect; d. for passenger trains using a track at the edge of a dock at stations of departure and arrival as well that intermediaries, account stations required quick traffic requirements, and travelers access to the facilities of these stations; e. in goods traffic, the use of the track by a train whose composition remains unchanged between the arrival and departure points agreed.

The price of basic services is supplemented by a bonus/malus system that serves as an incentive to keep disruption to a minimum and increase performance of the rail network. This system may provide for contractual penalties for disruption of the operation of the network, compensation for businesses affected by the disruptions and a scale of bonus for benefits that go beyond the level of expected performance. The OFT tying the ends in a directive.

New content according to chapter I of O on August 31, 2011, in force since Jan. 1. 2013 (2011 4331 RO).

Art. 22 additional services infrastructure managers define and publish in a non-discriminatory way the prices of the following additional services, insofar as these can be proposed with the existing infrastructure and available personnel (art. 10): a. reservation of slots for optional trains; b. track if required by the rail transport undertaking, but not by the traffic related to schedule; c. garage oars; d. taxiways for the yard; e. supply stationary electricity and water passenger trains, evacuation of waste, faeces and of sewage; f. use of channels and loading facilities g. yard in marshalling yards; h. provision of a stretch outside normal operating hours; i. services of maneuvers, for as much as they are not carried out in yards; j. additional customer information; k. auxiliary work to train agents traffic long distances in order to improve the conduct of the operation, including video surveillance of the edges of the dock.

The prices referred to in para. 1, let. a to c and f to be set on the rarity, demand and the value of the assets (related to the site). Other prices will be set by analogy the principles of art. 19. Furthermore, it is possible to argue pro rata interest costs and depreciation of facilities that serve mainly to supplementary benefits.
Network users can purchase services as they are defined in para. 1, let. i, with other companies as infrastructure managers, to freely negotiable prices. In this case, these benefits are considered to be services (art. 23).

New content according to chapter I of O on June 16, 2003, in force since Jan. 1. 2004 (RO 2003 2479).
Introduced by chapter I of O on June 16, 2003, in force since Jan. 1. 2004 (RO 2003 2479).
Introduced by chapter I of O on August 31, 2011, in force since Jan. 1. 2013 (2011 4331 RO).
Introduced by chapter I of O on August 31, 2011, in force since Jan. 1. 2013 (2011 4331 RO).
New content according to section I of the nov 4 O. 2009, in force since Jan. 1. 2010 (2009 5813 RO).
Introduced by chapter I of O on June 16, 2003, in force since Jan. 1. 2004 (RO 2003 2479).

Art. 23 service delivery service delivery can also be purchased at freely negotiable prices other companies than the managers of the infrastructure. They are not part of the network access and include: a... .b. the benefits distribution; c. the baggage handling d. help desk for defects not impeding not exploitation, the small and the large maintenance, cleaning of vehicles;. e benefits Informatics and telecommunication, not related to the movement of the train itself.

Repealed by section I of the O on June 16, 2003, with effect from Jan 1. 2004 (RO 2003 2479).

Section 7 supervision of access to the network art. 24Droit control of the Manager of the infrastructure the infrastructure manager can control whether rail transport companies comply with the requirements. Unless objectively justified suspicions, the controls must not hamper the operation.
The infrastructure managers report to the OFT irregularities during these checks.
If passengers, third parties, facilities or other trains are clearly endangered, the infrastructure manager may prohibit a train to continue his race. It informs the OFT within a period of three working days.
Art. 25 arbitration commission the members of the Board of arbitration under art. 40A EBG may not necessarily be Swiss nationals.
The commission shall adopt a decision within two months after the end of the statement and notify the parties.
When she must be matters of principle affecting the law of 6 October 1995 on cartels, she consults the commission on cartels. She mentions the opinion of it in its decision.

New content according to section I 4 of the nov 4 O. 2009 (first phase of the reform of the railways 2), in force since Jan. 1. 2010 (2009 5959 RO).
New content according to section I of the O on May 29, 2013, in effect since July 1. 2013 (2013 1651 RO).
New content according to section I of the O on May 29, 2013, in effect since July 1. 2013 (2013 1651 RO).
RS 251 art. 26 conventions the OFT consultation and arbitration commission may apply to the infrastructure manager to submit conventions for consultation.
Who can prove a legitimate interest, including one that uses a stretch or plan to use, may request him communicate prices of the furrows. The Arbitration Board shall rule on disputes regarding the right to consultation.

Section 8 withdrawal of the authorization for access to the network art. 27. the OFT withdraws the authorization for access to the network if the licensee no longer meets the conditions.
When the holder of a foreign authorization no longer meets the conditions of art. 4 to 8, the OFT denied him access to the network. This prohibition shall inform service which issued the authorization.
The withdrawal of a foreign authority recognised in Switzerland also applies to the Switzerland.

Section 9 provisions final art. 28 change of the law in force the mod. can be found at the RO 1999 1070.

Art. 29 transitional provisions for transport services ordered under the Ordinance of 18 December 1995 on allowances, prices valid furrows at the entry into force of this order, and allowances for the stations and sections common current will remain in effect until the 1999 timetable change. The period mentioned in art. 20, al. 1, let. a, the first time will apply to the year of 2001/2002 schedule.
Concessionary transport companies whose vehicles were circulating on foreign tracks before the entry into force of this order will see their applications to access the network be treated as requests for renewal of the authorization. The OFT will be granted a period of 6 to 24 months for the necessary adaptations resulting from the new law. No security certificate is necessary during this period.

SR 742.101.1 art. Transitional 29aDispositions of May 29, 2013 changing the network access permissions according to the old law remain valid until they expire.
Access to the network is not required before 1 January 2015 rail companies conducting races exclusively on their own sections to normal track.
Access to the network is not required before January 1, 2016, rail companies conducting races exclusively on their own sections narrow gauge.

Introduced by section I of O on May 29, 2013, in effect since July 1. 2013 (2013 1651 RO).

Art. 30 entry into force this order comes into force on January 1, 1999.

Annex 1 (art. 5) guidance on financial capacity 1. Affordability review is done on the basis of the annual accounts of the company, or for companies that are not able to present these accounts, on the basis of the annual review. For this review, detailed information should be provided on the following: a. credits and allocated loans and liquidity; b. funds and assets available as security; c. own capital, foreign capital supporting risk, long-term foreign capital, foreign short-term capital; d. open and hidden reserves; e. relevant costs, including costs of acquisition and instalment on vehicles land, buildings, installations and rolling stock; f. other charges on the assets of the business; g. insured income.


2 the applicant fails particularly the required financial capacity when considerable arrears of taxes or social security contributions are due in respect of the activity of the company.
3. the OFT may require such that the applicant presents an expert report and appropriate documents prepared by a Bank, a Commissioner of accounts or an accountant. These documents must include information on the points referred to in section 1.
4. If the financial obligations of the applicant exceed cash flow and revenue available within the country, the OFT can require a bank guarantee or the guarantee of a Swiss company solvent.

New content according to chapter II al. 1 o on May 29, 2013, in effect since July 1. 2013 (2013 1651 RO).

On September 1, 2014 annex 2 State repealed by section II al. 2 o on May 29, 2013, with effect from July 1. 2013 (2013 1651 RO).

State on September 1, 2014

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