Form R29 – application in respect of the track comprised in the Heathrow Rail Infrastructure

SectionTransport for London appeal under regulation 29 and complaint under regulation 30 of the Railways Infrastructure (Access and Management) Regulations
Application to ORR on appeal under Regulations 29 and 301 of the
Railway Infrastructure (Access and Management) Regulations 2005
1. Introduction
This form should be used to apply to ORR (as the appointed regulatory body) for the determ ination
of an appeal under regulation 29 of the Railway Infrastructure (Access and Management)
Regulations 2005 in respect of access to a terminal or port (as defined in regulation 6) or services
(as defined in regulation 7). This form sets out our standard inform ation r equirements for
considering appeals under regulation 29. Applicants are strongly encouraged to read ORR’s
guidance document setting out how it intends to assess such appeals2 before making an
Where t he level of acc ess or s ervice pr ovision sought falls entirely within the sc ope of sec tion 17
or 22A of the Railways Act 1993 (the Act) an applicant must, in accordanc e with regulation 29(3),
lodge the appeal under the relevant section. Where the matter of the appeal falls outside the
scope of direc tions which may be sought under sections 17 or 22A of the Act, the applicant
seeking the right to use a railway facility or procure a service must lodge an appeal by using this
As ORR intends to limit itself, as far as possible, to making a determination based only upon the
information presented by the parties rather than undertaking any extensive res earch of its own, it
is very important that this application c ontains as many relevant details as possible.
A copy of this form in Word format, and of our guidance note on the appeals process, can be
accessed electronically and downloaded via the ORR website at http://www.rail-, or on disc or CD-Rom fr om ORR.
1 TfL notes that the ORR does not have a pr escr ibed form f o r a complaint under Regulation 30 of the Regulations. TfL has
therefor e incorporated its Regulation 30 c omplaint w ithin this Regulation 29 applicat ion.
2 Guidanc e on Appeals to OR R under the Rai lways Infrast ructure (Access and Management) Regul ations 2006, Of f ice of Rail
Regulation, March 2006
Company Transport for London (" TfL")
Contact individual: Howard Smith
Job titl e: Operations Director, Crossrail
Addre ss: 25 Canada Square, London E14 5LQ
Tele phone number: 0203 197 5976
E-mail address: HowardSmith@cross rail.c
TfL (the applicant) is one of the sponsors of the Crossrail project. TfL or a railway undertaking
nominated by TfL, currently TfL's concessionaire MTR Corporation (Crossrail) Limited ("MTR
Crossrail") intends to operate the train services to Heathrow Airport utilis ing the Heathrow Rail
Infrastructure. MTR Crossrail holds a valid train operating European passenger licence (with
GB Statement of National Regulatory Provisions) under the Railway (Licensing of Railway
Undertakings) Regulations 2005 and also has an accepted safety c ertificate under The
Railways and Other Guided Transport Systems (Safety) Regulations 2006.
TfL is a body or undertaking with public or commercial interest in procuring infrastructure
capacity on the Heathrow Rail Infrastructure as required of an applicant by Regulation 3 of the
Railways Infrastructure (Access and Management) Regulations 2005 ("the R egulations").
Once TfL has secured the terms of access to the Heathrow Rail Infrastructure, it will procure
that a railway undertaking nominated by TfL (currently MTR Crossrail) will enter into track
access arrangements c onsistent w ith those terms.
2. The application
Title of agreement:
Contact details (company and named individual for queries):
Licence and railway safety case
Please state whether the applicant intends to operate the services itself or have them operated on
its behalf.
Please state whether the propos ed operator of the services:
(a) holds a valid train operating European licence or a licence under section 8 of the Act or an
exemption under section 7; and
(b) has an ac cepted railway safety case under the Railways (Safety Case) Regulations 2000.
If the ans wer to (a) or (b) is no, please state the point which that person has reached in their
obtaining of the licenc e, exemption or railway safety case (as the case may be).
Track ac cess arrangements for acces s to the Heathrow Rail Infrastructure (being t he railway
infrastructure (including st ations ) which forms part of the spur from the Great Western Main Line to
Heathrow Airport).
Name of facility or service:
Acc ess to the track comprising the Heathrow Rail Infrastructure
Facility owne r: Heathrow Airport Limited ("HAL")
Contact individual:
Simon Earles
Job titl e:
Planning and Surface Acces s Director
Addre ss:
The Compass Centre,
Nelson Road, Hounslow,
Middlesex TW6 2GW
Tele phone number: 0844 335 1801
E-mail address:
simon_earles@heathro w.c om
3. The proposed agreement
Details of facility or service to which access is requested:

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