Common use of Traffic operation Clause in Contracts

Traffic operation. Banedanmark manages traffic on behalf of ØSB. Banedanmark has the coordinating role and final decision-making power in regard to resolving traffic irregularities with or without decreased capacity. Traffic operation is established based on ‘Principles for operation’ published annually by Banedanmark prior to the beginning of the timetable period. The drafting of the ‘Principles for operation’ is carried out in close collaboration between Banedanmark and the RUs and follow the procedure for capacity allocation according to applicable law on allocation of railway infrastructure capacity (paths) etc. The ‘Principles for operation’ are subject to continuous revision and the RU is obliged to participate in its preparation and implementation. The ‘Principles for operation’ do not overrule the obligations of Banedanmark to give notice on infrastructure work under section 7 of the contract. Banedanmark and the RU are bound by the ‘Principles for operation’. However, Banedanmark reserves the right to make other allocations where deemed necessary. The RU will ensure that staff and rolling stock plans support the general allocation plans. The use of the ‘Principles for operation’ may be initiated by Banedanmark or by the RU for RU’s own trains. The ‘Principles for operation’ include appendixes with recommendations on maintenance driving. Banedanmark ensures that all RUs participate equally in the maintenance driving. According to the applicable executive order on allocation of railway infrastructure capacity (paths) etc., Banedanmark can, in connection with traffic disturbances, demand the RU to make drivers and rolling stock available for removal of equipment belonging to other parties or other forms of clearance. The RU will be remunerated by those who are responsible for the obstruction in the traffic flow. Banedanmark may request tool car standby for clearing the infrastructure where RU equipment interferes with the traffic flow. The RU will pay such expenses according to section 9 of the contract.