The Network Performance Scheme

The Scheme is applied to users of the network - all railway undertakings, applicants, the infrastructure manager and to the performers of individual technological processes throughout the infrastructure network in order to reduce disruption to a minimum, improve the performance of the railway infrastructure network, achieve the agreed level of performance punctuality and avoid endangering the economic viability of the service.

LRN may charge penalties for actions which disrupt the infrastructure operation, compensations to the infrastructure manager or railway undertakings which suffer losses from disruption and bonuses  if a delay exceeds the delay thresholds laid down in the Network Performance Scheme and if delays have caused train delays for other railway undertakings.

Not later than four months before the deadline for the publication of the Railway Infrastructure Network Statement applicants and the infrastructure manager may provide evidence to LRN that the particular causes of delays interfere with the network performance, cause losses to any or all stakeholders, endanger the economic viability of the services as well as how these causes can be affected by penalties for inefficient activities, compensations to those who suffer losses from disruptions and bonuses for better-than-planned performance.

Within two weeks after the deadline for the admission of the evidence LRN publishes on its website on the internet a notice about the time, place and agenda of the planned negotiations regarding the amendments to the Chapter “Network performance supporting charges” of the Charging Scheme, as well as publishes the draft of the amendments on the website on the internet, where specifies penalties for actions which disrupt the operation of the network, compensations to those who suffer losses from disruptions and bonuses.

During the negotiation provided by the draft of the amendments to the Chapter “Network performance supporting charges” of the Charging Scheme the infrastructure manager, LRN and applicants agree on the following main parameters:

(a) a list of causes to be recorded;

(b) the units of measurement of the causes to be recorded;

(c) thresholds of causes - the maximum (minimum) number of occurrences, as well as the intervals or circumstances where related financial value of cause/effect appears and/or changes;

(d) penalties for actions which disrupt the operation of the network, compensations to those who suffer from disruption and finansial values of bonuses.

If the infrastructure manager and applicants do not come to an agreement within one week after the start of the negotiations, then LRN makes a decision on the amendments to the Chapter “Network performance supporting charges” of the Charging Scheme, publishes it on its website on the internet not later than three months before the deadline for the publication of the Railway Infrastructure Network Statement and submits the information to the infrastructure manager for publication in the Railway Infrastructure Network Statement.

The infrastructure manager maintains the records of the parameters of this Scheme. The records of the parameters are based on:

(a) the working timetable – for trains that are dispatched in accordance with the annual working timetable;

(b) the operational capacity allocation plan drawn up and confirmed by a capacity allocation dispatcher – for the trains with train paths assigned within the operational capacity allocation procedure.

As delays are considered the following:

(a) the time difference between the main accounting document and the actual time when the train is dispatched;

(b) the time difference between the main accounting document and the actual arrival time of the train at the final station;

(c) the deviation from the working timetable in intermediate stations;

(d) the deviation from the travelling time within a path section indicated in the working timetable.

If a railway infrastructure network disruption caused by one network user affects other network users’ parameters of the Scheme, its causes are attributed to the former network user, if there have not been other reasons.

If two or more network users are responsible for a network disruption, its causes are attributed to the first involved network user.

Network disruption causes made by the performers of individual technological processes are attributed to network users upon whose assignment the technological processes were performed.

If train speed restriction is applied due to an accident, it is attributed to the railway undertaking designated by the relevant applicant till the speed limit is restored by a relevant instruction of the infrastructure manager. If the speed limit is not restored within the time limit set, then it is further extended to the infrastructure manager.

Network disruption causes are recorded within 5 working days, indicating the causes of delay referred to in Annex to the Cabinet of Ministers regulation No. 471 of 15th July 2016 “Regulations on the basic principles of the performance scheme applicable to the rail network”.

If a railway undertaking or LRN does not agree with the invoice or the list issued by the infrastructure manager, a railway undertaking or LRN is entitled to submit a request with justified objections regarding the relevant invoice or the list.

In case of the application of the dispute settlement procedure, a railway undertaking or LRN is not exempted from paying the invoice.

If a railway undertaking or LRN does not agree with the detailed justification of the invoice, it is entitled to submit a complaint to the State Railway Administration in accordance with the Railway Law.

At the moment the infrastructure manager records the information about the delays and their causes but doesn’t apply any payments for them.