Contract compliance

Sample

All concessions, contract year to date. Deductions each obligation has triggered, and what they will cost by year end.

Illustrative contract terms. Obligations, thresholds, rates and clause references are examples, not taken from any concession contract.

Deductions so far this year: €400k; €344k settled, €34k open to dispute, €22k provisional
Year-end forecast: €436k; At the last three months’ rate, up to the cap
Annual cap used: 28%; of €1.44M. €12k above the cap not charged
Breaches in October: 23; 14 with gaps in the evidence

By concession

Deductions, year-end forecast, annual cap used and current breaches by concession
Concession	Deductions	Forecast	Annual cap	Breaches in October
Ruta 27	€182k	€182k	Cap reached	7(11 records missing)
A23 Beira Interior	€93k	€106k	22% of cap	3(11 records missing)
Costa Arauco	€56k	€66k	27% of cap	3(6 records missing)
ACEGA / AP-53	€53k	€63k	40% of cap	4(2 records missing)
Concesiones de Madrid	€8k	€10k	25% of cap	1(6 records missing)
Ruta Portuaria	€3k	€4k	28% of cap	4(10 records missing)
M50	€3k	€3k	3% of cap	0
Transmontana	€1k	€2k	0% of cap	1
Pocahontas Parkway	€593	€593	2% of cap	0

By obligation

Cells show months below threshold:some concessions (dotted)half or more (hatched)

Each obligation’s threshold, latest month, months below threshold and deductions
Obligation	Threshold	October	January to October	Deductions
Lane availabilitySchedule 6, 2.1. €1,500 per 0.1 point below 99.0%	at least 99.0%	3 of 9 below	January: 5 of 9 concessions below threshold, €29k February: 3 of 9 concessions below threshold, €15k March: 3 of 9 concessions below threshold, €10k April: 4 of 9 concessions below threshold, €20k May: 5 of 9 concessions below threshold, €12k June: 3 of 9 concessions below threshold, €10k July: 4 of 9 concessions below threshold, €12k August: 4 of 9 concessions below threshold, €15k September: 3 of 9 concessions below threshold, €9k October: 3 of 9 concessions below threshold, €4k	€135k
Incident responseSchedule 4, 3.2. €600 per point below 85%	at least 85.0%	2 of 9 below	January: 2 of 9 concessions below threshold, €2k February: 2 of 9 concessions below threshold, €2k March: 1 of 9 concessions below threshold, €3k April: 2 of 9 concessions below threshold, €2k May: 1 of 9 concessions below threshold, €2k June: 2 of 9 concessions below threshold, €3k July: 2 of 9 concessions below threshold, €2k August: 2 of 9 concessions below threshold, €2k September: 1 of 9 concessions below threshold, €1k October: 2 of 9 concessions below threshold, €649	€21k
Category 1 defectsSchedule 5, 4.1. €750 per point below 95%	at least 95.0%	5 of 9 below	January: 7 of 9 concessions below threshold, €15k February: 6 of 9 concessions below threshold, €13k March: 7 of 9 concessions below threshold, €12k April: 6 of 9 concessions below threshold, €14k May: 6 of 9 concessions below threshold, €14k June: 5 of 9 concessions below threshold, €13k July: 6 of 9 concessions below threshold, €10k August: 5 of 9 concessions below threshold, €13k September: 5 of 9 concessions below threshold, €11k October: 5 of 9 concessions below threshold, €8k	€122k
Category 2 defectsSchedule 5, 4.2. €400 per point below 90%	at least 90.0%	5 of 9 below	January: 6 of 9 concessions below threshold, €9k February: 5 of 9 concessions below threshold, €7k March: 5 of 9 concessions below threshold, €8k April: 5 of 9 concessions below threshold, €7k May: 5 of 9 concessions below threshold, €8k June: 5 of 9 concessions below threshold, €6k July: 5 of 9 concessions below threshold, €10k August: 5 of 9 concessions below threshold, €7k September: 5 of 9 concessions below threshold, €8k October: 5 of 9 concessions below threshold, €6k	€75k
Safety inspectionsSchedule 5, 2.3. €250 per point below 90%	at least 90.0%	1 of 9 below	January: 1 of 9 concessions below threshold, €1k February: 1 of 9 concessions below threshold, €1k March: 3 of 9 concessions below threshold, €898 April: 2 of 9 concessions below threshold, €750 May: 1 of 9 concessions below threshold, €528 June: 1 of 9 concessions below threshold, €1k July: 1 of 9 concessions below threshold, €284 August: 1 of 9 concessions below threshold, €665 September: 1 of 9 concessions below threshold, €232 October: 1 of 9 concessions below threshold, €110	€7k
Emergency phonesSchedule 7, 1.4. €500 per point below 98%	at least 98.0%	6 of 9 below	January: 7 of 9 concessions below threshold, €4k February: 6 of 9 concessions below threshold, €3k March: 6 of 9 concessions below threshold, €4k April: 6 of 9 concessions below threshold, €4k May: 7 of 9 concessions below threshold, €4k June: 6 of 9 concessions below threshold, €4k July: 5 of 9 concessions below threshold, €4k August: 6 of 9 concessions below threshold, €3k September: 7 of 9 concessions below threshold, €5k October: 6 of 9 concessions below threshold, €3k	€39k
Traveller informationSchedule 7, 3.1. €400 per minute over 8 minutes	at most 8.0 min	1 of 9 below	January: 2 of 9 concessions below threshold, €377 February: 0 of 9 concessions below threshold, €0 March: 2 of 9 concessions below threshold, €245 April: 0 of 9 concessions below threshold, €0 May: 1 of 9 concessions below threshold, €160 June: 0 of 9 concessions below threshold, €0 July: 1 of 9 concessions below threshold, €115 August: 1 of 9 concessions below threshold, €262 September: 1 of 9 concessions below threshold, €307 October: 1 of 9 concessions below threshold, €18	€1k

Deductions scale with network length and stop at each concession’s annual cap. September’s are notified and open to dispute; October’s are provisional until assessment. The evidence pack has the month-by-month calculation.

Loading obligations…

Concession

Deductions

Forecast

Annual cap

Breaches in October

Ruta 27

€182k

Cap reached

7(11 records missing)

A23 Beira Interior

€93k

€106k

22% of cap

3(11 records missing)

Costa Arauco

€56k

€66k

27% of cap

3(6 records missing)

ACEGA / AP-53

€53k

€63k

40% of cap

4(2 records missing)

Concesiones de Madrid

€8k

€10k

25% of cap

1(6 records missing)

Ruta Portuaria

€3k

€4k

28% of cap

4(10 records missing)

M50

€3k

3% of cap

Transmontana

€1k

€2k

0% of cap

Pocahontas Parkway

€593

2% of cap

Obligation

Threshold

October

January to October

Deductions

Lane availabilitySchedule 6, 2.1. €1,500 per 0.1 point below 99.0%

at least 99.0%

3 of 9 below

January: 5 of 9 concessions below threshold, €29k
February: 3 of 9 concessions below threshold, €15k
March: 3 of 9 concessions below threshold, €10k
April: 4 of 9 concessions below threshold, €20k
May: 5 of 9 concessions below threshold, €12k
June: 3 of 9 concessions below threshold, €10k
July: 4 of 9 concessions below threshold, €12k
August: 4 of 9 concessions below threshold, €15k
September: 3 of 9 concessions below threshold, €9k
October: 3 of 9 concessions below threshold, €4k

€135k

Incident responseSchedule 4, 3.2. €600 per point below 85%

at least 85.0%

2 of 9 below

January: 2 of 9 concessions below threshold, €2k
February: 2 of 9 concessions below threshold, €2k
March: 1 of 9 concessions below threshold, €3k
April: 2 of 9 concessions below threshold, €2k
May: 1 of 9 concessions below threshold, €2k
June: 2 of 9 concessions below threshold, €3k
July: 2 of 9 concessions below threshold, €2k
August: 2 of 9 concessions below threshold, €2k
September: 1 of 9 concessions below threshold, €1k
October: 2 of 9 concessions below threshold, €649

€21k

Category 1 defectsSchedule 5, 4.1. €750 per point below 95%

at least 95.0%

5 of 9 below

January: 7 of 9 concessions below threshold, €15k
February: 6 of 9 concessions below threshold, €13k
March: 7 of 9 concessions below threshold, €12k
April: 6 of 9 concessions below threshold, €14k
May: 6 of 9 concessions below threshold, €14k
June: 5 of 9 concessions below threshold, €13k
July: 6 of 9 concessions below threshold, €10k
August: 5 of 9 concessions below threshold, €13k
September: 5 of 9 concessions below threshold, €11k
October: 5 of 9 concessions below threshold, €8k

€122k

Category 2 defectsSchedule 5, 4.2. €400 per point below 90%

at least 90.0%

5 of 9 below

January: 6 of 9 concessions below threshold, €9k
February: 5 of 9 concessions below threshold, €7k
March: 5 of 9 concessions below threshold, €8k
April: 5 of 9 concessions below threshold, €7k
May: 5 of 9 concessions below threshold, €8k
June: 5 of 9 concessions below threshold, €6k
July: 5 of 9 concessions below threshold, €10k
August: 5 of 9 concessions below threshold, €7k
September: 5 of 9 concessions below threshold, €8k
October: 5 of 9 concessions below threshold, €6k

€75k

Safety inspectionsSchedule 5, 2.3. €250 per point below 90%

at least 90.0%

1 of 9 below

January: 1 of 9 concessions below threshold, €1k
February: 1 of 9 concessions below threshold, €1k
March: 3 of 9 concessions below threshold, €898
April: 2 of 9 concessions below threshold, €750
May: 1 of 9 concessions below threshold, €528
June: 1 of 9 concessions below threshold, €1k
July: 1 of 9 concessions below threshold, €284
August: 1 of 9 concessions below threshold, €665
September: 1 of 9 concessions below threshold, €232
October: 1 of 9 concessions below threshold, €110

€7k

Emergency phonesSchedule 7, 1.4. €500 per point below 98%

at least 98.0%

6 of 9 below

January: 7 of 9 concessions below threshold, €4k
February: 6 of 9 concessions below threshold, €3k
March: 6 of 9 concessions below threshold, €4k
April: 6 of 9 concessions below threshold, €4k
May: 7 of 9 concessions below threshold, €4k
June: 6 of 9 concessions below threshold, €4k
July: 5 of 9 concessions below threshold, €4k
August: 6 of 9 concessions below threshold, €3k
September: 7 of 9 concessions below threshold, €5k
October: 6 of 9 concessions below threshold, €3k

€39k

Traveller informationSchedule 7, 3.1. €400 per minute over 8 minutes

at most 8.0 min

1 of 9 below

January: 2 of 9 concessions below threshold, €377
February: 0 of 9 concessions below threshold, €0
March: 2 of 9 concessions below threshold, €245
April: 0 of 9 concessions below threshold, €0
May: 1 of 9 concessions below threshold, €160
June: 0 of 9 concessions below threshold, €0
July: 1 of 9 concessions below threshold, €115
August: 1 of 9 concessions below threshold, €262
September: 1 of 9 concessions below threshold, €307
October: 1 of 9 concessions below threshold, €18

€1k