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”)
|
General Point “relationship with National
Station Access Conditions” |
ADP50 |
March 2010 |
To note that
the Charter Station Access Agreement provides that “ 4.1
Except as provided in Clause 7.10, the Station Access Conditions are
incorporated in and shall form part of this Agreement in relation o the
Station”. “7.10 Part F
of the Station Access Conditions [ACCESS CHARGING] is not incorporated into this
Agreement.” [Extracts from
templated Charter Station Access Agreement Access by Charter Train Operator
for the provision of Non-Regular Passenger Services, 2007 between London
Underground Limited and Rail Express Systems Limited in respect of Wembley
Central and 12 other stations] |
Function and purpose of the Charter
Station Access Agreement |
ADP50 |
March 2010 |
“14. The Panel considered that …it had to
consider the CSAA in relation to the following questions: 14.1. What is
the scope and function of the CSAA? 14.1.1. Which
are the relevant interfaces that the CSAA regulates? 14.1.2. Who, at
each of those interfaces, is the supplier, and who the customer? And 14.1.3. Who is
the directing mind in relation to safe operation on either side of each
interface? 15. … 16. The Panel finds that the function of the CSAA is
to give the operators of Non-Regular Passenger Services access to station
facilities such as will enable the passengers on such services to make safely
the transition between the Charter train and “the outside world”. In such a scenario, the physical
interface between the responsibilities of the Train Operator (the customer)
and the SFO (the supplier of services), and is de facto the platform edge. Within the train the Train Operator
carries the responsibility for safe operation,, and on the station that
responsibility is upon the SFO. In
particular the SFO holds the accountability for the safe delivery of the
“Common Station Amenities and Services”. 17. The Panel notes that considerable emphasis is
laid, by LUL upon the importance of a second interface, namely that between
the area of land owned by Network Rail upon which rests Wembley Central
Station, and that other area of land, also owned by Network Rail, and
referred to as the St Modwen development.
The Panel acknowledges that station redevelopment works can have an
impact upon the free flow of passengers to or from the station, but the
management of the resulting issues cannot be other than the responsibility of
the Station Facility Owner. It is
reasonable for the SFO to expect that all Train Operators would provide such
information as will assist it in addressing such problems, but 17.1. Train Operators have no role or responsibilities
in the management of that external interface, and 17.2. it is the responsibility of the SFO to mitigate
any external factors, and to deliver those “Common Station Amenities and
Services” to which the CSAA commits it.
” [ADP50] |
Function and purpose of the Charter
Station Access Agreement |
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.” [ADP50] |
Function and purpose of the Charter
Station Access Agreement |
ADP50 |
March 2010 |
30.
“Taking
all the foregoing arguments into account, and acknowledging that the
documents concerned are not always drafted unambiguously, the Panel therefore
determines, in respect of the representations made by the parties, as
follows; 30.1.
that the CSAA relates to the use of the Station, and
exclusively to the operations within the bounds of the Station. Where the CSAA (and related incorporated
documents) state or imply that the SFO will provide stated “Common Station
Services or Amenities” the Train Operator is entitled to presume that the SFO
will take responsibility for supplying or procuring the supply of such
services; 30.2.
to the extent that the SFO has to deal with other
land-owners and authorities beyond the boundary of the Station, these are a
matter for the SFO to resolve. In
managing these external relationships it is reasonable for the SFO to seek
information from the Train Operator, and for the Train Operator to assist in
such ways as it can. However, the
SFO may not use the issues of its relationship with other parties as a ground
for delaying, or declining any Permission to Use to which the Train Operator
is entitled; 30.3.
that LUL should not have required RES to provide
management of the means of access to and from the Slow Line platforms at the
station. 30.4.
that RES, as an operator of Non-Regular Passenger
Services, and signatory to a CSAA for the use of Wembley Central Station,
could reasonably act on the presumption that, where it proposed to run such a
service, and when it complied essentially with the provisions of Schedule 3
Call-off Procedure, it would be granted Permission to Use the Station; 30.5.
that, LUL, the SFO at Wembley Central, in responding
to RES’ approach in relation to potential VIP Charter trains in connection
with the Carling Cup Final on 28th February, 30.5.1.
should have been under no doubt as to the fact that
time was of the essence in dealing with all issues raised, and that, 30.5.2.
by virtue of the speed of its response, and the
stance adopted at the meeting of 29th January, had
“constructively” refused RES the
Permission to Use to which it was reasonably entitled, and 30.5.3.
by so doing given RES grounds for making the
differences between it and the SFO a legitimate matter to be considered by
this Panel. that whilst the provisions of Schedule 3 Call-off
Procedure contain latitudes, and discretions in relation to information to be
provided and timescales to be adhered to, the SFO has a responsibility to
ensure that all necessary actions and decisions are taken expeditiously with
the common objective that the traffic
on offer is to be won, operated safely, and not turned away.” [ADP50]
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