ACCESS DISPUTE RESOLUTION COMMITTEE
held
in London on 24 March 2005
Present:
Tony Holland,
Chairman
John Boon (Network Rail)
Julia Glenn (Network Rail)
Nigel Oatway (English Welsh & Scottish Railway)
Ian Osborne (Freightliner)
Stewart Palmer (South Western Trains)
In attendance:
Chris Blackman (Secretary)
Martin Shrubsole (Clerk)
Apologies:
Tony Deighan (Eurostar (U.K.))
Mike Price (First ScotRail)
Alan Wilson (Wessex Trains)
75/1 Minutes of meeting no.74
The minutes of meeting no.74
held on 9 March 2005 were approved subject to minor modification. The Chairman signed a copy of the minutes,
as modified, as a true record of the proceedings.
75/2 Record of hearing of
reference AD40
The Record of the Hearing of
reference AD40 held on 9 March 2005 was approved subject to some
modifications. The Chairman signed a
copy of the Record, as modified, as a true record of the proceedings.
75/3 Matters arising from the
minutes of the previous meeting
74/5: Proposals for Change to the Access Dispute
Resolution Rules
Members noted, from the
paper provided and circulated at short notice by the Secretary, that the Office
of Rail Regulation (ORR) had now approved the Proposals for Change to the
Access Dispute Resolution Rules, and these were expected to come into force at
a date during April.
Members were pleased to hear that the ORR had also
“approved” a proposal put forward by the Committee that, as an interim measure,
pending completion of the processes prescribed in Part C of the Network Code
for electing Members of the new Access Disputes Committee (A.D.C) and the
Panels, the existing Members of the ADRC should constitute the Members of the
new A.D.C., and that the Members and Alternates of the ADRC and the Timetabling
Committee should constitute the Members of the respective Pools from which
Members of a Panel would be drawn for a particular hearing.
Members agreed that any references to the Timetabling
Committee not resolved by the parties would fall to be handled by that
Committee until introduction of the new Access Dispute Resolution Rules, and by
a Timetabling Panel thereafter.
Members agreed that the references
NV75 – NV84 inclusive referred in respect of the Network Rail Major Project
notice, and planned for a hearing before the NVCC on 19 April and 25 April,
should be handled by a Timetabling Panel on the dates already published to the
parties.
75/4 Reference
AD43
The Chairman explained that
the joint submission, received on 25 February, had referred to a report by an
independent firm of engineering consultants, which in turn referred to another
report that, although it had been sent to Network Rail, was apparently not
available.
The Chairman explained why
this report should be made available, and be shown to the consultant engineers
for comment as to whether it necessitated them to make any revision to their
own findings. He considered it vital
that the consulting engineers see all available information, and he expressed concern
that Network Rail had not shared this information with its consulting
engineers. For this reason he had, on
the previous day, instructed that the hearing should not proceed and the case
should be adjourned pending provision of the requisite information.
Members agreed that any hearing of
reference AD43 would now fall to be handled by an Access Disputes Panel.
75/5 Update
on References
AD31 This has now been formally withdrawn by the referrer.
AD35 The parties, Great Eastern Railway and Network Rail, have been
remitted to take the issue to mediation;
the matter is temporarily stayed pending the outcome of the mediation of
reference AD36.
AD36 Mediation between Thames Trains and Network Rail: it is reported that this was successfully
concluded, but this has not yet been confirmed.
AD37 The parties, Thames Trains and Network Rail, will prepare a joint
submission informed by the outcome of the mediation on reference AD36.
AD38 from Arriva Trains Wales and Network Rail regarding allocation of
delays; the Delay Attribution Board, at
its meeting on 8 March, has given advice to the parties.
AD41 from Central Trains on the issue of Local Output Commitments; the Secretary has written to the referrer
asking whether or not, in the light of the publication of Determination AD40,
it wishes now to proceed to a hearing of its dispute. A response from Central Trains was awaited.
AD42 from Wessex Trains on the issue of Local
Output Commitments; the Secretary has
written to the referrer asking whether or not, in the light of the publication
of Determination AD40, it wishes now to proceed to a hearing of its
dispute. A response from Wessex Trains
was awaited.
Members agreed that any hearing of
these references, if unresolved by the parties themselves, would now fall to be
handled by an Access Disputes Panel.
75/6 Any
Other Business
Members agreed that it would be
appropriate for the Secretariat to circulate before the first meeting of the
new Access Disputes Committee a list of resolutions and appointments for that
Committee to consider.
75/7 Date of
next meeting
The Committee’s successor, the Access Disputes Committee (ADC) will meet on Tuesday 19 April at 09.30.