Hull Trains Company Limited Conditions Precedent letter 16 January 2024
| Date | 16 January 2024 |
| Section | Track access notices of consent |
Page 1 of 2
1772246
Hull Trains Company Limited Conditions Precedent
Dear Andy,
Thank you for your email of 5 December 2023 providing evidence as to how you have met
the Conditions Precedent in the Hull Trains Company Limited (Hull Trains) track access
contract dated 17 March 2016 (the Contract).
Clause 3.7 of the Contract requires Hull Trains to provide ORR with evidence reasonably
satisfactory to ORR of its compliance with the following conditions:
“3.7.1 To introduce into service a new fleet of Class 802 trains onto the network the
Train Operator shall by no later than Principal Change Date 2023 (in sufficient time
to enable ORR to comply with Clause 3.7.2 below) provide ORR with evidence
reasonably satisfactory to ORR of its compliance with the following conditions:
a) The firm rights to use the Class 802 bi-mode 5-car units contained within 5.1 of
Schedule 5 are subject to all processes concerning the introduction of these
vehicles being completed and the agreement of any compensation due to Network
Rail associated with the costs of accommodating this new Specified Equipment.
Use of the vehicles to operate the Passenger Train Slots in table 2.1 would be
dependent upon their performance being equal to or exceeding that of the relevant
timing load and the sufficiency of the traction current supply; and
b) Network Rail and Hull Trains to have agreed a robust service recovery /
contingency plan to mitigate the impact on performance of the introduction Class
802 Bi-Mode 5-car Units; and
c) commitment to invest in a suite of minor station, siding and other investments to
enable these vehicles to run on the network provided that where the Train
Operator’s failure to comply with the conditions in paragraph (c) above is
attributable to the Train Operator’s failure to obtain planning permission or
landowner consents, having made reasonable endeavours to obtain these,
condition 3.7.1 (c) shall no longer apply.”
Gareth Clancy
Head of Access & Licensing
16 January 2024
Andy Wylie
Head of Regulation and Open Access Contracts
Hull Trains Company Limited
The Point, 8th Floor
37 North Wharf Road
London,
W2 1AF
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