Investigations and complaints proceedings

In the 2017 reporting year, the Railways Arbitration Commission (RACO) legally concluded all its investigations and complaints proceedings.

RACO dismissed the complaint from a railway undertaking (RU) against the extra fee charged for special shunting in a marshalling yard. It also determined that the surcharge was a contractual part of the network access agreement between the applicant and the IM, and was calculated and charged on the basis of equality before the law.
In investigating the discriminatory effect of a flat-rate tariff for long-distance freight trains in the List of services, RACO gave impetus to developments in the rail market. Infrastructure managers (IMs) have now introduced the usage-based measurement at catenary, which was provided for by law but not yet implemented. As a consequence, the flat-rate tariff for train category 6, “Long-distance freight train” was reduced by 25% as of 2017. RACO also decreed that the flat-rate tariff should be further differentiated; the IMs have put this into practice in the 2019 List of services.

International cooperation

At international level, RACO launched an initiative to promote cross-border cooperation between IMs along the Rail Freight Corridors (RFC). Together with the other regulators, RACO is investigating emergency and possession planning for breakdowns and operational interruptions with international effects on the RFC.

Market monitoring

As an independent government commission, RACO guarantees non-discriminatory access to the rail network, as well as to the private terminals for combined transport and sidings that are co-funded by the Swiss Confederation. Operators of these private facilities are obliged to ensure transparent and equal conditions of access. RACO has examined the publication of these conditions, to enable non-discriminatory access to the facilities by third parties as well.

RACO Annual report 2017: all proceedings legally concluded