The National Station Access Conditions

This Page was Last Updated on 2 September 2010

PART D: WORKS, REPAIRS AND MAINTENANCE

Rule, Clause or Condition	Determination	Date of Hearing	Points made within Determination (Verbatim extracts given in Italics, or between “quotes”)
D4 Railtrack’s obligations	AD19	April 2000	Railtrack’s obligations, and those of Train Operators, are documented in the Annexes to the Station Access Agreement. As however the balance of duties has many similarities to the general relationship in law of landlords and tenants, some cognisance should be taken as to established conventions/industry practice in regard e.g. to reasonable standards in relation to the maintenance of concealed water pipes. Such tests of reasonableness should also take into account the duty of the Train Operator/tenant to be watchful as to the presence of problems, and to alert Railtrack/the landlord of the presence of problems requiring attention. .“ there was a duty on [the Train Operator], both as the party with the direct interest in monitoring the consumption of water, and as the only party in a position to influence levels of consumption, to identify its potential loss at the earliest practicable stage, and to give Railtrack the earliest opportunity to meet its obligations. The two years taken by [the Train Operator]to identify its possible loss, during which time Railtrack was not prompted to take remedial action, was not reasonable;” (AD19 paragraph 10.3) (see also Station Access Condition L10) {AD19}