Common use of Costs compensation for Network Rail Restrictions of Use Clause in Contracts

Costs compensation for Network Rail Restrictions of Use. ‌ 4.1 Basis for calculations For each Period and for each Service Group, Network Rail shall calculate the compensation payable in respect of all Network Rail Restrictions of Use on each Restriction of Use Day in that Period by applying the formulae in paragraph 4.2. For the purposes of determining for this paragraph 4 to which Service Group a particular Train is allocated, a Train (or portion of a Train) shall be treated as allocated to a particular Service Group by reference to its Service Code, provided that where a particular Train (or portion of a Train) is given a different Service Code in the New Working Timetable from the Service Code given to it in the Applicable Timetable or a different Service Code in the Corresponding Day Timetable from the Service Code given to it in the New Working Timetable it shall be treated as part of the Service Group in relation to whichever of those Service Codes most correctly applies to that Train or, where both Service Codes could equally apply to that Train, to the Service Code applied to that Train in the New Working Timetable. 4.2 Cost compensation formula The formula referred to in paragraph 4.1 is as follows: 𝐶𝑜𝑠𝑡 𝑐𝑜𝑚𝑝𝑒𝑛𝑠𝑎𝑡𝑖𝑜𝑛 = ∑(𝑅𝑅𝐵𝐶 + 𝑇𝑀𝐶) where: (a) ∑ is the sum across all applicable Network Rail Restrictions of Use and all Restriction of Use Days in the Period; (b) RRBC is the rail replacement bus cost, for the Service(s) (or part(s) thereof) in that Service Group as a result of a Network Rail Restriction of Use, calculated according to the following formula: 𝑅𝑅𝐵𝐶 = 𝐸𝐵𝑀 × 𝐸𝐵𝑀𝑃𝑅 where: EBM is the number of estimated bus miles for the Train Operator; and EBMPR is the payment rate per EBM, which is £15.87. If there is a full bus replacement 𝐸𝐵𝑀 = 𝐸𝐵𝑀𝑊𝑊 × 𝐹𝐵𝑅𝑚𝑖𝑙𝑒𝑠 If there is partial bus replacement 𝐸𝐵𝑀 = 𝐸𝐵𝑀𝑊𝑊 × 0.5 × 𝑃𝐵𝑅𝑚𝑖𝑙𝑒𝑠 × 𝐼𝑇𝑆 If there is no bus replacement (as set out in Annex B to this Part 3 of Schedule 4) 𝐸𝐵𝑀 = 𝐸𝐵𝑀𝑊𝑊 × 0 where: EBMW is the weighting applicable to the affected section of route, as set out in Annex B to this Part 3 of Schedule 4; FBRmiles is the length of route, in miles, between the applicable pair of Viable Transfer Points over which train services are affected and for which full bus replacement is required as set out in Annex B to this Part 3 of Schedule 4; PBRmiles is the length of route, in miles, between the applicable pair of Viable Transfer Points over which train services are affected and for which partial bus replacement is required as set out in Annex B to this Part 3 of Schedule 4; ITS is 1 or the percentage of trains stopping at intermediate stations for those cases where EBMW = 50%; and (c) TMC is the cost or saving, expressed in xxxxx per train mile and rounded to two decimal places, resulting from train mileage change, for the Service(s) (or part(s) thereof) in that Service Group as a result of a Network Rail Restriction of Use, calculated according to the following formula: 𝑇𝑀𝐶 = 𝑇𝑀 × 𝑇𝑀𝑃𝑅 where: TM is the change in train mileage; and TMPR is the payment rate per train mile, as stipulated in Annex C to this Part 3 of Schedule 4.

Costs compensation for Network Rail Restrictions of Use. ‌ 4.1 Basis for calculations For each Period and for each Service Group, Network Rail shall calculate the compensation payable in respect of all Network Rail Restrictions of Use on each Restriction of Use Day in that Period by applying the formulae in paragraph 4.2. For the purposes of determining for this paragraph 4 to which Service Group a particular Train is allocated, a Train (or portion of a Train) shall be treated as allocated to a particular Service Group by reference to its Service Code, provided that where a particular Train (or portion of a Train) is given a different Service Code in the New Working Timetable from the Service Code given to it in the Applicable Timetable or a different Service Code in the Corresponding Day Timetable from the Service Code given to it in the New Working Timetable it shall be treated as part of the Service Group in relation to whichever of those Service Codes most correctly applies to that Train or, where both Service Codes could equally apply to that Train, to the Service Code applied to that Train in the New Working Timetable. 4.2 Cost compensation formula The formula referred to in paragraph 4.1 is as follows: 𝐶𝑜𝑠𝑡 𝑐𝑜𝑚𝑝����𝑠𝑎𝑡∑( 𝑖𝑜�� = ∑(𝑅𝑅𝐵𝐶 + 𝑇𝑀𝐶) where: (a) ∑ is the sum across all applicable Network Rail Restrictions of Use and all Restriction of Use Days in the Period; (b) RRBC is the rail replacement bus cost, for the Service(s) (or part(s) thereof) in that Service Group as a result of a Network Rail Restriction of Use, calculated according to the following formula: 𝑅𝑅𝐵𝐶 = 𝐸𝐵𝑀 × 𝐸𝐵𝑀𝑃𝑅 where: EBM is the number of estimated bus miles for the Train Operator; and EBMPR is the payment rate per EBM, which is £15.87. If there is a full bus replacement 𝐸𝐵𝑀 = 𝐸𝐵𝑀𝑊𝑊 × 𝐹𝐵𝑅𝑚𝑖𝑙𝑒𝑠 If there is partial bus replacement 𝐸𝐵𝑀 = 𝐸𝐵𝑀𝑊𝑊 × 0.5 × 𝑃𝐵𝑅𝑚𝑖𝑙𝑒𝑠 × 𝐼𝑇𝑆 If there is no bus replacement (as set out in Annex B to this Part 3 of Schedule 4) 𝐸𝐵𝑀 = 𝐸𝐵𝑀𝑊𝑊 × 0 where: EBMW is the weighting applicable to the affected section of route, as set out in Annex B to this Part 3 of Schedule 4; FBRmiles is the length of route, in miles, between the applicable pair of Viable Transfer Points over which train services are affected and for which full bus replacement is required as set out in Annex B to this Part 3 of Schedule 4; PBRmiles is the length of route, in miles, between the applicable pair of Viable Transfer Points over which train services are affected and for which partial bus replacement is required as set out in Annex B to this Part 3 of Schedule 4; ITS is 1 or the percentage of trains stopping at intermediate stations for those cases where EBMW = 50%; and (c) TMC is the cost or saving, expressed in xxxxx per train mile and rounded to two decimal places, resulting from train mileage change, for the Service(s) (or part(s) thereof) in that Service Group as a result of a Network Rail Restriction of Use, calculated according to the following formula: 𝑇𝑀𝐶 = 𝑇𝑀 × 𝑇𝑀𝑃𝑅 where: TM is the change in train mileage; and TMPR is the payment rate per train mile, as stipulated in Annex C to this Part 3 of Schedule 4.

Costs compensation for Network Rail Restrictions of Use. ‌ 4.1 Basis for calculations For each Period and for each Service Group, Network Rail shall calculate the compensation payable in respect of all Network Rail Restrictions of Use on each Restriction of Use Day in that Period by applying the formulae in paragraph 4.2. For the purposes of determining for this paragraph 4 to which Service Group a particular Train is allocated, a Train (or portion of a Train) shall be treated as allocated to a particular Service Group by reference to its Service Code, provided that where a particular Train (or portion of a Train) is given a different Service Code in the New Working Timetable from the Service Code given to it in the Applicable Timetable or a different Service Code in the Corresponding Day Timetable from the Service Code given to it in the New Working Timetable it shall be treated as part of the Service Group in relation to whichever of those Service Codes most correctly applies to that Train or, where both Service Codes could equally apply to that Train, to the Service Code applied to that Train in the New Working Timetable. 4.2 Cost compensation formula The formula referred to in paragraph 4.1 is as follows: 𝐶𝑜𝑠𝑡 𝑐𝑜𝑚𝑝����𝑠𝑎𝑡∑( 𝑖𝑜�� = ∑(𝑅𝑅𝐵𝐶 + 𝑇𝑀𝐶) where: (a) ∑ is the sum across all applicable Network Rail Restrictions of Use and all Restriction of Use Days in the Period; (b) RRBC is the rail replacement bus cost, for the Service(s) (or part(s) thereof) in that Service Group as a result of a Network Rail Restriction of Use, calculated according to the following formula: 𝑅𝑅𝐵𝐶 = 𝐸𝐵𝑀 × 𝐸𝐵𝑀𝑃𝑅 where: EBM is the number of estimated bus miles for the Train Operator; and EBMPR is the paym15.87.‌ ent rate per EBM, which is £15.87. If there is a full bus replacement 𝐸𝐵𝑀 = 𝐸𝐵𝑀𝑊𝑊 × 𝐹𝐵𝑅𝑚𝑖𝑙𝑒𝑠 If there is partial bus replacement 𝐸𝐵𝑀 = 𝐸𝐵𝑀𝑊𝑊 × 0.5 × 𝑃𝐵𝑅𝑚𝑖𝑙𝑒𝑠 × 𝐼𝑇𝑆 If there is no bus replacement (as set out in Annex B to this Part 3 of Schedule 4) 𝐸𝐵𝑀 = 𝐸𝐵𝑀𝑊𝑊 × 0 where: EBMW is the weighting applicable to the affected section of route, as set out in Annex B to this Part 3 of Schedule 4; FBRmiles is the length of route, in miles, between the applicable pair of Viable Transfer Points over which train services are affected and for which full bus replacement is required as set out in Annex B to this Part 3 of Schedule 4; PBRmiles is the length of route, in miles, between the applicable pair of Viable Transfer Points over which train services are affected and for which partial bus replacement is required as set out in Annex B to this Part 3 of Schedule 4; ITS is 1 or the percentage of trains stopping at intermediate stations for those cases where EBMW = 50%; and (c) TMC is the cost or saving, expressed in xxxxx per train mile and rounded to two decimal places, resulting from train mileage change, for the Service(s) (or part(s) thereof) in that Service Group as a result of a Network Rail Restriction of Use, calculated according to the following formula: 𝑇𝑀𝐶 = 𝑇𝑀 × 𝑇𝑀𝑃𝑅 where: TM is the change in train mileage; and TMPR is the payment rate per train mile, as stipulated in Annex C to this Part 3 of Schedule 4.