1. RAILWAY INDUSTRY TRAIN PLANNING LEVEL 2 TRAINING Module 8 - Contractual Relationships

2. Operational Planning In this session we are going to talk about: –Contractual Agreements in the Railway Industry. –Network Code (formerly the Track Access Conditions) –Development of access requests, compilation of draft timetables, making Offers etc.

3. Industry relationships (1) Network Rail has a series of bi-lateral agreements with train operators. These are known as Track Access Contracts The Network Code is a series of pan industry conditions which govern Network Rail’s relationship with industry players The Office of Rail Regulation (ORR) regulates the industry- level Network Code, and the bilateral Track Access Agreements between Network Rail and train operators. Class Representatives’ Committee is a body for all industry players. It operates the industry disputes resolution process and exercises control over the Network Code

4. Industry Relationships (2) Track Access Contracts The Network Code TOCs FOCs Network Rail Franchise d Passenge r Non Franchise d Passenger Non Passenger Class Representatives Office of Rail Regulation

5. Network Code The purposes are:- To regulate change (timetable, vehicles, rail network and the Code itself) To establish procedures for environmental damage, for performance monitoring and to deal with operational disruption Govern the process by which one party can appeal against the decision of another

6. Network Code A- Introduction, Glossary etc. B - Performance Monitoring. C- Access Condition Modification. D - Timetable Change. E- Environmental Protection. F- Vehicle Change. G- Network Change. H- Operational Disruption. J - Surrendering Access Rights L - Local Output Commitments M – Appeals to ORR

7. Network Code – Part D 1. General Summary 2. Consultation Process 3. Timetabling Process 4. Spot Bid and Timetable Revision Process 5. Timetables Appeals 6.Decision Criteria

8. Network Code Part D1 (General Summary) Systems are a Network Rail responsibility. Rights of genuine bidders are protected. Confidentiality is not a constraint. Timetable Production Dates are for NR to devise and have to be communicated to all. Advance consultation for major changes. Creation of the Working Timetable is a Network Rail responsibility.

9. Network Code Part D2 (Consultation Process) 3 components:- Establish a base timetable Two years in advance Review of Rules of the Plan and Rules of the Route One year in advance Performance issues are for Rules of the Plan Maintenance issues are for Rules of the Route Possessions Strategy Notice

10. Network Code Part D3 (Timetabling Process 1) 1Consultation following issue of a Base Timetable Bidders with PTEs and CCs NR with Bidders Development of Strategic Initiatives and ‘Network Benefits’ 2Develop the ‘First Working Timetable’ Bidders to notify NR of the Access Rights they intend to exercise or obtain and c\hanges from the Base Timetable NR and TOCs jointly develop a draft timetable with due regard to the rights of TOCs and NR –Capacity Deadline Request TOCs free to request additional/changed rights before this date which NR must try to include in the draft timetable

11. Network Code Part D3 (Timetabling Process 2) 3Contents of a Bid Times at origin/intermediate stops/destination Dates/Routes/Platforms/TOC and Train Service Codes Vehicles and Connections 4Flexing rights After consultation With due regard to the Decision Criteria Confirmation Without further consultation if it is to give effect to appeal decisions or regulatory decisions

12. Network Code Part D4 – Spot Bid and Timetable revision process The ability to change the Long Term Plan (First Working Timetable) Must follow the same criteria set out in Part D3 Changes as a result of Informed Traveller Short Term Freight (or passenger Ancillary) movements (Day A for Day C) Bank Holidays/Special Events

13. Informed Traveller Process T-26 weeks is the confirmation of the disruptive possession plan. (in 4 weekly chunks as the Confirmed Period Possession Plan) T-18 Bids from Train Operators T-14 Offers back to Train Operators T-12 Upload to TSDB

14. Network Code Part D5 - Timetable Appeals Grounds for Appeal –Decision criteria misuse –Acceptance or rejection of a bid –Flexing Rights misuse –Certain other paragraphs within Access Condition D Timescales –Usually within 7 days but 14 days for acceptance or rejection of a bid Appeals to the Office of Rail Regulator –Either party can appeal a decision of Timetable Panel Evidence –All parties are required to provide sufficient data

15. Network Code Part D5 - Timetable Appeals ( continued) Power of Appeal Bodies –Timetable Panel will always give a decision and it will be consistent with Access Conditions –Office of Rail Regulation may give an interim order before final decision Obligation to comply –All parties must comply with decisions Office of Rail Regulation –can decline to act on an appeal if not sufficiently important, frivolous or vexatious –is not liable for any act or omission on their part

16. Network Code Part D6 - Decision Criteria Efficient & economical use of the network with regard to safety and environment Enabling an operator to comply with franchise agreement Service reliability Maintenance and renewal of the infrastructure Improving connectional opportunities Maintaining service patterns/frequencies Ensuring demands of passenger are met Reserving capacity for new services Helping operators utilise their assets efficiently Facilitating new competition opportunities Avoidance of frequent timetable changes Protection of International Pathways Commercial interests of Network Rail and Train Operators