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Distance rights to use are granted, in order to make for railway transport enterprise possible (EVU) the entrance to the railway infrastructure and to services.

Germany

Up to the Inkraftreten of the general railway law (AEG) on 1 January 1994 the private railway companies had the possibility only in exceptional cases of using the railway infrastructure of the German Federal Railroads and the German National Railroad. If a railway transport enterprise possesses the necessary license of the railway federal office (EBA), it can order net AG routes for course travels with the railways. According to the distances then a route payment is to be paid. The height depends here on distance extent of utilization, on the development condition and on the course kinds. According to the frequency of the use becomes between regulating races (regular use), requiring races (sporadic use) and separating races (unique use) differentiated. For the monitoring of the diskrimierungsfreien entrance to the railway infrastructure the federal net agency is responsible for electricity, gas, telecommunications, post office and railways since 1 January 2006 in Germany.

Switzerland

In Switzerland the free net entrance applies, there as open ACCESS designation since at the beginning of 1999 to the goods traffic.

The USA

Because the nets of the course companies correspond to the requirements of the course customers rarely, the railways in the USA developed methods to adapt their range to the customer's requests.

"„joint guesses and route "

A method "„joint guess and route " (common price and distance) called. Two railway enterprises agree upon a common price of the place of origin on first to a destination on the second society. One of the railways provides the calculation to the customer and passes then an appropriate partial amount on to the other society. Each railway uses its own locomotives and its own personnel and carries also the appropriate transport risks on the own in each case route network.

Trackage Rights (distance rights)

A further method is the grant of "“Trackage Rights"” or distance rights. Here a railway company ("“rent"” - enterprises) receives the right by agreement to serve with own courses and normally also with own personnel customer over the tracks of a second railway company (owner). The tracks used by both railways are called "„joint facility"” (communal facility). Contrary to the first variant the renting enterprise of exclusive contracting parties of the customer is with such an agreement. It is alone responsible for transport as well as for loss and damage of the freight. The owner company receives a firm annual sum for track maintenance, dispatcher as well as the other expenses. In addition comes still another variable fee, which is measured after the portion of the traffic of the renting enterprise of the overall traffic on the common mechanism. For the sake of simplicity in most agreements the fee in cent per car mile or clay mile, which can be paid from the renting enterprise to, is proven.

Distance rights can mean "“full service"” (full service) that is called the renting enterprise has the right, customer on that together genutzen distance to serve directly, or "„overhead service"” and/or "“bridge service"” its (the designations are synonymous). This means that the renting enterprise customer on the common distance may not serve.

For example union Pacifics of rights over BNSF Cajon passport distance is "“full service"” - distance use rights. Most present distance use rights are however "“bridge service"” - rights.

"“Trackage Rights"” - agreements are adjusted by the Surface Transportation board (STB) and are accessible also for the public. Also traditional protection regulations for the course employees are linked with the distance use rights. If the employees of an owner enterprise lose the work or its tasks, because a new renting enterprise reduces transport volume over such a distance, they must receive a payment according to a Federal law still up to six years long. In the context of the firm fusions of the 1980er and 1990er years by the STB for the Sicherstellung of the competition "“Trackage Rights"” were often determined again.

Striking situation of Rights (transport rights)

In the present deregulierten surrounding field the two methods stated above have their disadvantages. "„The Staggers act "“of 1980 reduced the trust protection, which competitive railways enjoyed, if they offered uniform prices. Also the course customers have a dislike with more than having to negotiate one enterprise new shipping contracts. In order to prevent this, the railways turned increasingly so-called "“striking situation rights"” or transport agreements. Marketing is separated from the operational business.

The railway enterprise negotiates the price with the customer over the entire distance. It places the trucks and is responsible for loss and damage Frachtgutes.Das railway enterprise, which grants the transport rights, keeps meanwhile direct control of the enterprise. Sometimes it makes the railway tracks, the train crew, the dispatchers and the locomotives available. But the society receives at the car movements measured payment. It receives however no view of the agreements with the customer.

Due to the concentration of transport from the origin to the place of destination on an enterprise these agreements are at the course customers much like. There are no difficult negotiations with a number of enterprises, if the customer liked to change the price or the achievement. The railways pleases this concept, because due to a set of federation and judicial rulings, transport rights are regarded as trade agreements and outside of the jurisdiction of the Surface Transportation board to thus lie.

That means also that the employees do not possess appropriate protection against dismissal. Usually they profit from the additional traffic, which results from the agreements. In addition the railway enterprises must not publish the transport contracts.

This secrecy leads however also to confusion, e.g. across the of a society on the other hand or the responsibility for the angemieten trucks. These data are published rarely by the enterprises, in order to provide for the competitors no advantage. In the last years the number and the complexity of such agreements increased strongly.

By the example of the Santa Fe this is to be clarified. The route network of 1994 showed not only 12,200 km own distance, but also the areas accessible by transport rights. So the Santa Fe of container courses could offer to Boston, New York and Philadelphia due to an agreement with Conrail from the year 1988. A transport agreement with the Grand drunkenness Western makes the Santa Fe the transport of autoparts possible made of Mexico to the Ford works in Ontario. Another agreement with the gateway Western makes the entrance possible of and after pc. Louis. The Santa Fe served since 1993 Memphis and Birmingham (Alabama) by means of an agreement with the Burlington Northern Railroad. Further the enterprise offered also to truck transport. Thus it was possible that under the indication of the Santa Fe of goods between Winston Salem (numerical control) and Sacramento could be transported.

Union station

Union station is a station, in which the railway tracks and services of two or more course enterprises are used together. Thus the passengers have the possibility of changing between the individual courses comfortably. Frequently the station is used by all passenger courses, which serve the city.

In practice a union station is normally operated by its own enterprise, whose owner is the railway enterprises, which use the station. According to the portions of the enterprise usually the portions of the use of the station.

By the transition of the passenger traffic to the Amtrak these regulations became void, today are most earlier "“union station"” in the possession of Amtrak. Important union station Dallas, Denver, Kansas town center, were Los Angeles, Pittsburgh, Saint Louis and Washington in Chicago, (D.C.)

Enterprise, leasing, majority possession

In the early period of the Eisenbahnverkehres often only the tracks were built by a railway company. For the acquisition of roll material then usually no more capital was available. The enterprise of these distances was then often left to the railway company against a payment, which drove on the following main route. These agreements terminated, if the delighted distance were long enough, around independent to be usually operated or changes in the societies arose (assumption, bankruptcy).

A further form is and was the leasing of a distance. Usually connecting distances were leased, which offered the entrance to important markets or which meaningfully connected net. The contracts were usually closed during a longer period. Thus contracts with running times exist until 99 years, in few individual cases also still longer. Paid for this lease repay to the lessor. Since in the 1980er and 1990er years Nebenstrecken with federation and state means were often renewed and these then into public possession changed, today also often public bodies (municipalities, Countys) are lessors of distances in the USA.

Since many railway companies were corporations, by the acquisition by stock shares at other enterprises the catchment area of the own enterprise was expanded.


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