There have been
no references to Access Dispute Resolution under Condition HA 7.1.
Network Code Section |
Determination |
Date of Hearing |
Points made within Determination
(Verbatim extracts given in Italics)
|
|
|
|
|
|
|
|
|
Note: the functions previously discharged by Condition H11 have now been overtaken by the provisions of Condition HA: Railway Operational Code
Network Code Section |
Determination |
Date of Hearing |
Points made within Determination
(Verbatim extracts given in Italics)
|
H11.3 Contents of Train Regulation Statements |
ttc13 |
June 1996 |
The Committee endorsed the general principle of level
1, level 2 and level 3 statements as a pragmatic mechanism by which Railtrack
could discharge its responsibilities for creating a regulation statement for
each discrete part of the Network, in order to achieve the Train Regulation
Objective described in Access Condition H11.1. A
Train Operator may challenge the Train Regulation Statement, in regard to
those parts of the Network over which it has Access Rights, on the grounds
that the practical application has, or is likely to have, a demonstrably unfair
impact upon that Operator’s business.
{ttc13} |
H11.3 Contents of Train Regulation Statements |
ttc190 |
October 2003 |
It
is possible that a proposal to revise the Rules of the Route/ Rules of the
Plan can only reasonably be implemented, without undue detriment to a Train
Operator, if some commensurate adjustment is also made to the relevant Train
Regulation Statement. Because of the
necessary steps in the timetabling process (Rules of the Route/ Rules of the
Plan revision then bid and offer for the Timetable) it is not practicable to
withhold agreement to a change of Rules of the Route/ Rules of the Plan
pending adjustment of the Train Regulation Statement, the need for which may
only be evidenced at the conclusion of the Timetable preparation. However, there is an obligation on
Network Rail to ensure that Track Access Condition H11 is invoked and the
Train Regulation Statement revised, where appropriate, if this will mitigate
the adverse impact on a Train Operator.
Such amendments to the Train Regulation Statement are subject to the
right of appeal in H11.9. {ttc190} |