EWS comments on representation received from the parties
| Date | 01 July 2008 |
| Section | EWS Regulation 29 appeal regarding HS1 |
310 Goswell Road
London EC1V 7LW
Tel : +44 (0)870 1407010
Fax : +44 (0)20 7713 2310
Neil Leedham
Executive Track Access
Office of Rail Regulation
1 Kemble Street
London WC2B 4AN
1 July 2008
Dear Neil,
APPEAL UNDER REGULATION 29 OF THE RAILWAYS INFRASTRUCTURE
(ACCESS AND MANAGEMENT) REGULATIONS 2005 - RAIL FREIGHT
CHARGING SYSTEM AND LEVEL OF ACCESS CHARGES FOR THE HIGH
SPEED 1 RAILWAY
Thank you for your letter dated 19 June 2008 containing the representations that
the Office of Rail Regulation (‘ORR’) has received from CTRL (UK) Limited/Union
Railways (North) Limited (‘HS1’), the Department for Transport (‘DfT’) and
Network Rail (CTRL) Limited (‘Network Rail’) in respect of the above matter. This
response contains the comments of English Welsh & Scottish Railway Limited
(‘EWS’) on each of those representations
HS1
1.1. EWS notes that HS1 considers it appropriate that it, rather than Network Rail,
should respond to the appeal in detail even though Network Rail is the
designated infrastructure manager. However, EWS understands that Regulation
12 of the Railways Infrastructure (Access and Management) Regulations 2005
(‘the Regulations’) and more specifically Regulation 12(4), places obligations on
the Secretary of State in respect of establishing the charging framework and on
the infrastructure manager in respect of establishing the specific charging rules
and determining the fees levied. Given that HS1 has decided to contract with
Network Rail to undertake the role of infrastructure manager, EWS believes that
the relevant obligations under Regulation 12 of the Regulations lie with Network
Rail and not HS1.
1.2. As explained in EWS’s appeal, before EWS can operate rail freight services
on HS1 it will need to undertake and complete essential modification work to its
relevant locomotive and wagon fleets to make them compatible with the operating
systems used on HS1. These modifications represent a substantial investment
and given the time it will take to complete the project design, development and
fitment programme, the decision by EWS on whether or not to proceed with its
investment is being delayed because EWS currently has no confidence that the
access charges for rail freight services on HS1 will be affordable due to the
current lack of a proper charging system and an affordable level of infrastructure
fees.
continued …
Doc no : Ews-Am05-Ews-010708.Doc
English Welsh & Scottish Railway Ltd
Registered in England and Wales
Registered No : 2938988
Registered Office :
Lakeside Business Park, Carolina Way,
Doncaster DN4 5PN
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