This Page was Last Updated on 3
September 2010
Rule, Clause or Condition |
Determination |
Date of Hearing |
Points made within Determination (Verbatim
extracts given in Italics, or between “quotes”)
|
Applicability of Station Access Conditions to CSAA
at individual stations. |
ADP50 |
March 2010 |
“ 22. The
Panel notes that wording of “Schedule 3 Call-off Procedure” concedes that
many of the stipulated actions or timescales are subject to tests of
reasonableness. The Panel considered
that, within the CSAA, and particularly in respect of Wembley Central, such
tests of reasonableness apply within the context of a presumption that the
SFO has the responsibility (and the obligation) to take such measures as are
necessary to enable the running of such Special Charter trains; any reason
for not so doing has, therefore, to be particularly compelling. 23. In
support of this frame of mind the Panel would cite the following provisions
of Schedule 3: 23.1. in 1.3 the opportunity that the Beneficiary
“contact[s] the Station Facility Owner prior to the access being sought
and negotiates and comes to agreement with the Station Facility Owner as to
the Exclusive Station Services, and the cost thereof, for that access.”; in other words clears away potential
obstacles to individual applications; 23.2. in 2, “The
Station Facility Owner shall use reasonable endeavours to accommodate any
telephone order from the Beneficiary for the provision of access, “ and 23.3. “The Station Facility Owner shall in
connection with the permission to use the Station granted by it under Clause
3 during the term of this Agreement in relation to the Station, or during any
applicable Exclusive Period, use all reasonable endeavours to ensure that the
Exclusive Station Services are provided in accordance with the specification
set out in this Call-off Order and, if any changes have been made to them by
agreement, their standard and quantum after such changes have been made.” 24.
These facilitative provisions and the associated
“can-do” mind set, depend also upon the parties having a clear understanding
of the amenities and services that are available as a function of the
specific Station Access Conditions, so that there can be no question of 24.1.
the Train Operator presuming on facilities that are
not present, or 24.2.
the SFO seeking to provide as “Exclusive Station
Services” services that are required obligations in the Station Access
Conditions. 25.
In this regard the Panel notes that under Part N of
the National Station Access Conditions, “Station Facility Owner’s
obligations” “The Station Facility
Owner shall (or shall procure that another person on its behalf shall) “1.3 Use all reasonable endeavours to
ensure that the Common Station Services are provided to a standard and in a
quantum which is at least as good as their standard and quantum as at the
Relevant Date. 1.8
Save as otherwise specifically provided
in the Station Access Conditions provide or procure the provision of the
Common Station Services and the Common Station Amenities.” and
that furthermore Annex
1 to the Wembley Central Station Access Conditions
includes
amongst “The Common Station Amenities and Common Station Services”
“3.4 Such policing as may be required by
statute and such security measures as the Station Facility Owner reasonably
considers are necessary. 3.6
Punctual dispatch of trains
operated by or on behalf of any User. 3.7
The provision of competent and
appropriately trained staff to supervise the arrival and departure of trains. 4.3
The provision of sufficient numbers
of competent and appropriately trained staff to provide reasonable customer
services and assistance to each Passenger Operator’s passengers (including
any who are disabled), including customer assistance in relation to boarding
and alighting from trains, and handling of luggage.” [ADP50] |
“Provision of
Common Services” – responsibilities of the Station Facility Owner |
ADP50 |
March 2010 |
29.
. …“..
Thus the Panel finds that 29.1.
the parties should understand that the CSAA defines
the interface between the SFO and the Train Operator, and the obligations
each has to the other in relation to the transition that passengers must make
between the train and the further boundary of the station; 29.2.
the SFO may adjudge that its best option for
discharging some of its obligations to provide Common Services (such as train
despatch) is to “procure that another person on its behalf shall”
undertake the task. In the present
instance RES may have agreed to be the procured person for some of the common
services, but it has not done so in all cases. Where it has not, the responsibility remains with the SFO,
including if appropriate, giving training to staff in relevant additional
skills. This conclusion is without
prejudice to any discussions the parties might enter into as to what should
be considered Exclusive Station services (i.e. in respect of obligations not
otherwise explicit in the CSAA); 29.3.
The Train Operator is not party to the relationship
between the SFO and the St Modwen development. Whilst this may be a complicating factor for the SFO in
managing Wembley Central station (and collecting the associated access
revenues) the SFO may not either 29.3.1.
pray in aid difficulties arising out of that other
relationship as reason for not fulfilling its obligations under the CSAA; OR 29.3.2. require
the Train Operator to deploy staff or resources to assist in dealing with the
difficulties in that relationship, as a condition of granting Permission to
Use the Station. ”
[ADP50] |