Network Rail's written representations
| Date | 25 February 2010 |
| Section | Freightliner Heavy Haul Limited Regulation 29 appeal regarding rolling stock charging |
FREIGHTLINER HEAVY HAUL LIMITED: APPEAL TO THE OFFICE OF RAIL REGULATION
NETWORK RAIL’S RESPONSE
1. Introduction
1.1 This letter provides Network Rail’s response to Freightliner Heavy Haul Ltd’s
(“Freightliner”) letter of appeal dated 13 January 2010. It sets out what in
Network Rail’s submission is the relevant statutory and contractual
framework, Network Rail’s understanding of Freightliner’s appeal, and
submissions as to whether the appeal should proceed, and if it does as to its
merits.
2. The Directive
2.1 Directive 2001/14/EC on the allocation of railway infrastructure capacity
and the levying of charges for the use of railway infrastructure and safety
certification’ (“the Directive”) was implemented for current purposes by
the Railways Infrastructure (Access and Management) Regulations 2005 (‘the
Regulations’).
3. The Regulations
3.1 Under Regulation 11(1) the infrastructure manager is obliged following
consultation to publish a network statement containing a description of the
charging principles and methodology, exceptions to the charging principles
and details of charges for the supply of those services listed in Schedule 2
which are provided by only one supplier. Schedule 2 sets out the basic the
minimum access package rights of an applicant.
3.2 Regulation 12 states that the ORR must establish the charging framework
and the specific charging rules governing the determination of the fees to
be charged. Further the infrastructure manager must determine the fees to
be charged for use of the infrastructure in accordance with the charging
framework, the specific charging rules, and the principles set out by the
ORR.
3.3 By Regulation 29,
“(1) An applicant has a right of appeal to the Office of Rail
Regulation if it believes that it has been unfairly treated,
discriminated against or is in any other way aggrieved, and in
particular against decisions adopted by the infrastructure manager,
(2) Those matters are: -
Doc # 389886.01
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