Regulation 29 application
| Date | Fecha inválida |
| Section | DBS Regulation 29 appeal regarding access to the Port of Felixstowe |
Form
R29
Application to ORR on appeal under regulation 29 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 determination
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 servi ces
(as defined in regulation 7). This form set s out our standard information requirements for
considering appeals under regulation 29. Applicants are strongly encouraged to read ORR's
guidance document setting out how it intends to assess such appeals 1 before making an
application .
Where the level of access or service provision sought falls entirely within the scope of section 17
or 22A of the Railways Act 1993 (the Act) an applicant must , in accordance with regulation 29(3),
lodge the appeal unde r the relevant section. Where the matter of the appeal falls outside the
scope of directions 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
form.
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 resea rch of its own, it
is very important that this application contain s as many relevant details as possible.
A copy of this form in Word format, and of our guidance note on the appeals proces s, can be
accessed electronically and downloaded via the ORR website at http ://www.rail-
reg.gov .uk/server/sh ow/nav.249, or on disc or CD-Rom from ORR.
Guidance on Appeals to ORR under the Railways Infr astructure (Access and Management) Regulations 2006, Office of Rail
Regulation , March 2006
OFFICE OF RAIL REGULATION 1
2. The application
Title
of
agreement:
FACILITY ACCESS CONTRACT - Rail Terminals at the Port of Felixstowe
Contact details
(company
and named
individual
for
queries):
Company DB Schenker Rail (UK) Limited
Contact
individual
: Stewarl Smith
Job title: Industry Contracts Manager
Address: Access Team, Wembley Offices, Pendo lino
Way
, London NW10 ORP
Telephone number: 0870 140 70121 6316 or 07801 906059
Fax
number
: 0208 963 6265
E-mail address: stewart .smith@dbschenker.com
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 proposed 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 accepted railway safety case under the Railways (Safety Case) Regulations 2000.
If the answer to (a) or (b) is no, please state the point which that person has reached in their
obtaining of the licence, exemption or railway safety case (as the case may be).
DB Schenker intends to operate the services itself and holds valid operating licences under Section 8 of
the Railways Act 1993 and regulation 6 of the Railway (Licens ing of Railway Undertakings) Regulations
2005 ('the Licensing Regulations') as well as a Statement of National Regula tory Provisions granted
under regulat ion 10 of the Licensing Regulations. DB Schenker also has a Safety Certificate under
regulation 7 of the Railways and Other Guided Transport Systems (Safety) Regulations 2006.
OFFICE OF RAIL REGULATION
2
3. The proposed agreement
Deta
ils
of
facility or service to
which
access is requested:
Name of fac
ilit
y or service: Port of Felixstowe
Facility owner: The Felixstowe Dock and Railway Company
Contact ind ividual: David Gledhill
Job
tit
le: Chief Executive Officer
Address: Tomline House, The Dock , Felixstowe, Suffolk IP11 3SY
Telephone
number
: 01394 604811
Fax number: 01394 604899
E-mail address: Gledhill@hp uk.co.uk
Executive summary
Please provide an executive summary of the proposed appeal. This should cover the type and
level of rail access required (incl uding number of train slots and ti mings if releva nt) or any services
that are required to be provided by the facility owner , the commer cial terms and the applicant's
reason s for seeking the contract in the terms propose d. Where possible , this application form
should be accompanied by a draft agreement setting out the contractual terms that the applicant
wishes to enter into with the facility owner. This section should also include an explanation of the
extent to which the applicant has evaluated available capacity at the named facility in order to
satisfy itself that the level and type of services be ing sought can be accommodated.
DB Schenke r is seeking access for an additional service i nto the Port of Fe lixstowe over and ab ove the two services
it currently op erates into the Port . DB Schenker is seeking the minimum access package along with those services
detailed in the proposed agreemen t which include , for example, the loading and unloading of containers. In the
absence of a template model Fac ility Access Contract , the proposed ag reement uses as far as possible the terms
and conditions contained in the c ontract that ORR has recently directed Associated British Ports to enter into with
DB Schenker in respec t of the Port of Immingham . The draft agreement prov ides for track access and the supply of
services to the Port of Felixstowe of which The Felixstowe Dock and Railway Company ('FORC') is the service
provider for a period of five year s, The proposed agreement covers DB Schenker's existing two service s as well as
the proposed additional service.
DB Schenker 's two existing servic es are currently ope rating into and out of the Port of Felixstowe so there is
sufficie nt capacity to accommodate them. DB Sc henker has carried out its own capacity study, as far as it is able,
coverin g the Port of Felixstowe itself and Networ k Rail's branch line which con nects the Port of Fe lixstowe to the
national netw ork and is confiden t that sufficient capacity exists fo r its proposed a dditional service, DB Schenker's
capacity study is attache d to this app lication (Appendix 8) .
OFFIC E OF RAIL REGULATION Doe # 261 270,02 3
To continue reading
Request your trial