Agreement on track access and use of services

In cooperation with the train companies, we have anchored key obligations towards each other in a mutual agreement, the Agreement on track access and use of services (AST). See the most important details and read the full agreement here.

1 Parties

The parties to this agreement are:

Bane NOR SF (Bane NOR)
Address: P.O. Box 4350, 2308 Hamar
Organisation number: 917 082 308

and

[Name of railway undertaking]
Address:
Organisation number:

This agreement is hereinafter referred to as the AST.

2 Purpose

The purpose of the AST is to regulate administrative, technical, and financial matters between Bane NOR as infrastructure manager of the railway network managed by Bane NOR, and the railway undertaking that will operate traffic services (passenger and/or freight transport) on this infrastructure, cf. Section 10-1 of the Railway Regulations.

The AST shall contribute to good operational stability and competitiveness for the railway sector, safe, rational, and efficient traffic management, safeguarding of environmental considerations, and efficient utilisation of capacity on the railway network. It is also a purpose of the AST to provide incentives for the parties to achieve and maintain these objectives and considerations.

 3 Scope

The AST regulates the parties’ rights and obligations related to the railway undertaking’s use of the railway network. The AST also regulates the parties’ rights and obligations related to the railway undertaking’s use of services offered by Bane NOR in connection with operation of the railway network and which fall within Chapter 4 of the Railway Regulations.

The railway network means all railway infrastructure managed by Bane NOR as infrastructure manager, cf. Section 1-7(a) of the Railway Regulations. The term *railway infrastructure* is defined in Section 1-7(j) of the Railway Regulations and includes the elements listed in Annex I, including:

Railway infrastructure includes the following installations, provided they form part of the permanent way, but excluding tracks within repair workshops, depots and locomotive sheds, as well as private sidings and private branch lines

  •  sidings
  •  land
  • track and track bed, including embankments, cuttings, drainage channels and ditches, masonry ditches, culverts, retaining walls, slope protection planting, etc.; platforms and freight ramps, including at passenger stations and freight terminals; footpaths and walkways; retaining walls, hedges, fences; firebreaks; switch heaters; crossings; snow shelters
  • engineering structures: bridges, culverts and other crossings, tunnels, covered cuttings and underpasses; retaining walls; structures for protection against avalanches, rockfalls, etc.
  • level crossings, including road traffic safety installations
  • superstructure, including rails, grooved rails and check rails; sleepers and long sleepers; small track components; ballast including gravel and sand; switches and crossings; turntables and traversers (except those reserved exclusively for locomotives)
  • access routes for passengers and freight, including road access and pedestrian access for arriving and departing passengers
  • safety, signalling, and telecommunications equipment on open lines, in stations and marshalling yards, including installations for production, conversion, and distribution of electrical power for signalling and telecommunications; buildings for such installations; track brakes
  • lighting installations for traffic and safety purposes
  • installations for conversion and transmission of electric power for train traction: substations, feeder cables, contact wires, catenary wires and masts; third rail with supports
  • buildings used by the infrastructure manager, including parts of installations for collection of transport charges

Buildings used by the infrastructure manager include, inter alia, buildings physically connected to operation and maintenance of railway infrastructure, such as relay houses, converter stations, tractor sheds, interlockings, and other buildings adapted to the running line.

Use of facilities and services falling outside Chapter 4 of the Railway Regulations requires a separate agreement with Bane NOR. This includes, for example:

  • use of buildings not housing technical installations necessary for railway infrastructure operations, such as station buildings excluding public areas, service buildings, kiosks, etc.
  • use of warehouses, office buildings, and commercial buildings of any kind
  • use of parking facilities for employees and/or passengers
  • cleaning of trains at stations not covered by Section 9.1.2(f), including installation of waste containers
  • security guard and video surveillance services
  • other services listed in Network Statement Chapter 5.5.6

4 Contract document, precedence, references to the Network Statement, and language.

In the event of conflict, the text of this agreement shall prevail over annexes.

References to the Network Statement in the AST refer to the content of the version in force at any given time, unless otherwise stated.

The AST is issued in two languages – Norwegian and English. The content is intended to be identical. In case of discrepancies, the Norwegian version shall prevail.

5 Relationship between the AST and the Network Statement

The Network Statement does not form part of the AST unless explicitly stated. References to specific chapters of the Network Statement do not make those chapters legally binding unless expressly stated.

6 Entry into force, termination, and amendment

The AST enters into force when signed by both parties. Either party may terminate the AST by written notice. Termination takes effect when the railway undertaking no longer has the right to operate trains under allocated train paths.

If the AST is terminated due to orders from public authorities or for safety reasons, the notice period is one month unless a shorter period is required.

Bane NOR may amend the AST following consultation. Affected railway undertakings shall be given the opportunity to comment. Amendments affecting specific undertakings do not require public consultation but affected undertakings must be consulted before entry into force.

Bane NOR may amend references and similar elements without consultation to ensure correctness and updates, normally in connection with annual timetable changes.

7 Public requirements

The parties shall comply with all applicable laws, regulations, prohibitions, and orders issued pursuant thereto.

8 Duty to notify and duty of loyalty

The parties shall mutually notify each other of circumstances relevant to fulfilment of obligations under the AST. Notification shall be given as early as possible.

The parties shall exchange safety-related information necessary to manage and reduce risks, subject to confidentiality requirements. Reference is made to obligations under the Safety Regulations.

The parties shall notify each other of reportable incidents under accident and incident reporting regulations where relevant.

The parties shall otherwise act loyally in accordance with the AST.

9 Requirements for Bane NOR’s infrastructure and services

9.1 Categories of services provided by Bane NOR

9.1.1 The minimum access package

The railway undertaking is entitled to the minimum access package under Section 4-1 of the Railway Regulations, including:

  1. processing of capacity applications
  2. right to use allocated capacity
  3. use of railway infrastructure including switches and crossings
  4. traffic management including signalling, regulation, dispatching, and communication
  5. use of traction power supply where available
  6. all information necessary for implementation and operation of the service

9.1.2 Access to service facilities and services therein

Upon application, the railway undertaking is entitled to access and services at Bane NOR service facilities under Section 4-2 of the Railway Regulations.

This applies only to Bane NOR facilities.

Services include:

  1. passenger stations and public areas including buildings and other facilities, including public areas. Public areas include, inter alia, platform roofs and shelters for general use by passengers, waiting and circulation areas, concourses, waiting rooms and toilets, as well as access to service buildings, platforms, and parking areas.

    Passenger platforms for boarding and alighting form part of the railway infrastructure pursuant to Section 9.1.1 letter c) and are covered by this (the minimum access package), also where a passenger platform is located in connection with or is attached to a passenger station.

    The same applies to access routes for passengers, including access for pedestrians upon arrival and departure, as well as safety and technical equipment at stations that is linked to the operation of the railway infrastructure.
  2. freight terminals;  freigh ramps for loading and unloading of goods form part of the railway infrastructure pursuant to Section 9.1.1 letter c) and rare covered by this (the minimum access package), also where a freight ramp is located in connection with or is attached to a freight terminal.

    The same applies to access routes for freight, including access by road.
  3. marshalling yards; safety and technical equipment at marshalling yards and shunting facilities form part of the railway infrastructure pursuant to Section 9.1.1 letter c) and are covered by this (the minimum access package).
  4. stabling tracks
  5. maintenance facilities, including operating yards and facilities where workshop services are provided.
    The service does not include extensive maintenance of high-speed trains or other types of rolling stock that require special facilities.
  6. other technical facilities such as cleaning and washing
  7. port facilities linked to railway operations
  8. relief facilities
  9. fuel supply facilities

9.1.3 Additional services

If Bane NOR provides services under Section 4-4, these shall be provided upon application:

  1. traction power
  2. pre-heating of passenger trains
  3. tailored contracts for dangerous goods
  4. other additional services listed in Network Statement Chapter 5.4

9.1.4 Ancillary services

Bane NOR is not obliged to provide ancillary services but must offer them equally if provided:

  1. access to telecommunications networks (excluding GSM-R)
  2. provision of supplementary information
  3. technical inspection of rolling stock
  4. ticket sales at stations
  5. heavy maintenance services
  6. other ancillary services listed in Network Statement Chapters 5.5.1–5.5.5

9.1.5 Common provisions

Use of services is governed by Bane NOR’s standard terms (Annex 1).
Bane NOR determines service availability and quality and may amend services with 9 months’ notice.

9.1.6 Other services

Other services require a separate agreement. Listing in the Network Statement does not confer entitlement.

9.1.7 Authority to classify services

Bane NOR determines service categorisation unless otherwise decided by authorities.

10 Requirements for the railway undertaking and rolling stock

10.1 General

The railway undertaking must hold access rights, licence, safety certificate, and allocated train paths.

10.2 Conditions for use of infrastructure

10.2.1 Rolling stock requirements

Rolling stock must be safe, compatible, properly maintained, and RFID-tagged.

10.2.2 Traffic rules

The undertaking must comply with TSI OPE and Bane NOR traffic rules.

10.2.3 Emergency preparedness

The undertaking must meet preparedness requirements and participate in national coordination forums.

10.2.4 Transport management

A transport management function must be available at all times.

10.2.5 Personnel competence

Personnel must meet statutory training and health requirements.

10.2.6 Environmental conditions

Includes pollution prevention, acute spills, noise limits, emissions, and energy use.

10.2.7 Maintenance condition

Rolling stock must be maintained according to law, standards, and manufacturer instructions.

10.2.8 Operational inspections

Bane NOR may inspect rolling stock; unjustified inspections may require cost reimbursement.

10.2.9 Access to internal rules

Bane NOR may inspect internal operational rules.

11 Capacity allocation

Capacity is allocated under Chapter 8 of the Railway Regulations via train paths.
Unused capacity may be withdrawn. Reservation charges may apply.

12 Performance regime

The performance improvement scheme is set out in Annex 4.

13 Charges and payment

13.1 Right to payment

Charges are levied in accordance with Chapter 6 of the Railway Regulations.

13.2 Infrastructure charges

Charges grant access to the minimum access package. Pricing principles are binding as set out in the Network Statement.

13.3 Service facility charges

Charges shall not exceed cost plus reasonable profit.

13.4 Additional and ancillary services

Priced at cost or market terms as applicable.

13.5 Other services

Require separate agreement and are normally market-priced.

13.6 Performance payments

Payments follow the performance regime.

13.7 Invoicing and payment

Monthly invoicing; 30-day payment terms; interest on late payment; material default may lead to withdrawal of train paths.

14 Insurance

The railway undertaking must maintain liability insurance of at least NOK 200 million per incident, covering damage, requisition, and recourse claims.

15 Principal employer responsibility


Where multiple undertakings operate at the same workplace, one shall be designated as principal employer responsible for coordination of HSE obligations.

16 Exchange of traffic data and information

The parties shall exchange traffic and operational data per Annexes 2 and 3.
Material failure to deliver data constitutes material breach.

17. Sanctions for breach

17.1 Condition

Sanctions require breach of the AST.

17.2 Liability

17.2.1 Bane NOR

Liable for negligent or intentional breach; no liability for indirect loss except in cases of gross negligence or intent.

17.2.2 Railway undertaking

Same liability principles apply.

17.2.3 Scope of damages

Compensation covers foreseeable direct loss.

Indirect loss includes lost income, profit, production, and alternative transport costs, subject to caps.

Liability is capped at NOK 200 million per incident; indirect loss capped at NOK 25 million.

17.2.4 Recourse

A party paying compensation to third parties is entitled to recourse against the responsible party.

17.2.5 Notice of claim

A party shall lose its right to assert a claim for damages if the party does not, within a reasonable time after the party became aware or ought to have become aware of the circumstances giving rise to liability, notify the other party that a claim for damages will be asserted.

17.2.6 Relationship to the COTIF Act

The provisions on compensation in this clause 17.2 do not apply to cases of compensation arising from international railway traffic that are covered by the COTIF Act.

17.3 Termination for cause

If a party materially breaches its obligations under the AST, or it is evident that such a breach will occur, the other party may, after having given written notice and a reasonable period to remedy the breach, terminate the AST with immediate effect.

Breaches of public-law requirements or Bane NOR’s traffic rules that are of significance for traffic safety, as well as any other circumstances of significance for the same, shall be regarded as material breach. The same applies to breach of the obligation to maintain insurance pursuant to clause 14 and breach of the obligation to exchange data and other information of material significance to a party’s operations, cf. clause 16.

The party terminating the AST may claim compensation for losses incurred as a result of the breach.

18. Assignment

Neither party may assign its rights or obligations under the AST to a third party unless otherwise agreed between the parties.

Oslo District Court shall be the agreed legal venue for disputes arising under the AST.

20. Governing law

The parties’ rights and obligations under the AST shall in their entirety be governed by Norwegian law.

Signatures

 

Signature

Place, date, month, year

Group Executive Vice President, Strategy and Sustainability 
Bane NOR

 

Signature

Place, date, month, year

Title and name of authorised signatory