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”)
|
|
“Call off Procedures in respect of “Permission to
Use” |
ADP50
|
March 2010 |
19. “In relation to the Permission to Use for which
RES applied, this is set out in Section 3 of the CSAA. There are no qualifications put upon this
Permission other than that it requires the payment of the relevant Access
Charge, and that the Train Operator observes the provisions of Schedule 3 for
the purposes of booking a specific date and time for the Non-Regular
Passenger Service. 20. The procedures in Schedule 3 are superficially
straightforward, inasmuch as they advocate Call-off Arrangements including
certain benchmark, but not inviolate, timescales, by which 20.1. the Train Operator files an Order, giving details
of the service for which specific Permission to Use is sought, and in
particular clarifying any requirements for “Exclusive Station Services” (Means
any services specified in paragraph 9 of Appendix 1 to Schedule 3 (Call off
Specimen Order) by the Beneficiary or the Station Facility Owner in advance
of the beneficiary using the Station” [CSAA Section 1
“Interpretation”); 20.2. the SFO responds, including clarifying any issues
of cost, and any further Exclusive Station Services that it considers are
also required: and 20.3. the Beneficiary (the Train Operator) confirms
acceptance of the conditions made by the SFO. 21. The Call-off Order procedure advocates adherence
to a certain proforma, set out in the Appendix to Schedule 3 In relation to RES’ bid to operate
Carling Cup trains, the Call-off procedure raises the following issues of principle: 21.1. does the information supplied have to be precise
and comprehensive, i.e. as if already defined and agreed with other parties,
or just sufficient to open up such necessary dialogue between the parties to
test the feasibility of the request? 21.2. is it a reasonable expectation that the “Common
Station Amenities and Services” specified in the CSAA, will, as a matter of
course, be supplied by SFO? and 21.3. where Exclusive Station Services are stipulated,
whether by the SFO or the Beneficiary, should these be confined to services
that relate to the limits of the Station (i.e the limits within which the
CSAA applies)? 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] |