Vehicle Change - Access Disputes Committee

Please make your selection below - click a section heading to expand. Where a heading does not have a “+” symbol next to it, that section/provision has not been the subject of consideration by a Dispute Panel and that therefore there is no documented case law to consult.

To search the Directory expand the page by clicking ‘open all’ on the right-hand side below, then use ‘ctrl + f’ to search for keywords or cases.

Condition H11: Train Regulation

Rule, Clause or Condition	Determination	Date of Hearing	Points Made Within Determination
H11.3 Contents of Train Regulation Statements	ttc13	June 1996	[The functions previously discharged by Condition H11 have now been overtaken by the provisions of Condition HA: Railway Operational Code] 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	[The functions previously discharged by Condition H11 have now been overtaken by the provisions of Condition HA: Railway Operational Code] 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)

Rule, Clause or Condition

Determination

Date of Hearing

Points Made Within Determination

H11.3 Contents of Train Regulation Statements

ttc13

June 1996

[The functions previously discharged by Condition H11 have now been overtaken by the provisions of Condition HA: Railway Operational Code]

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

[The functions previously discharged by Condition H11 have now been overtaken by the provisions of Condition HA: Railway Operational Code]

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)