ALLRAIL, ERFA, FTE and UIRR have published a joint letter on the draft European Guidelines for the Modulation of Penalties under the new Capacity Regulation.
While reciprocal penalties can encourage the efficient use of rail capacity, the system must be fair, transparent, proportionate and customer-oriented.
Together, we call for:
- A clear and reciprocal definition of a “significant change”
- A continuous penalty model without abrupt threshold effects
- Transparent and harmonised modulation factors
- A quality-based assessment of alternative capacity
- Appropriate timing for infrastructure manager-related penalties
- Joint simulations involving infrastructure managers and applicants before implementation
The final mechanism must reflect operational realities and the different needs of passenger, freight and night train services. It should encourage all parties to communicate changes early and protect the quality of service provided to customers.