The Charter Station Access Agreement

 

This Page was Last Updated on 3 September 2010

 

CLAUSE 4:  STATION ACCESS CONDITIONS

 

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]