Responses to Consultation on Changes to Operator Licences – Published 1 May 2020
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Responses to consultation on changes to operator licences – Published 1 May 2020 1. Arriva UK Trains 2. First Group plc 3. London Underground (LUL) 4. MTR Elizabeth Line 5. Rail Express Systems Limited 6. Rail for London 7. Serco UK & Europe 8. Transport Focus 9. Transport for London (TfL) Dear [redacted] Many thanks for your letter dated 22 October 2019. We welcome the opportunity to present comments on proposed license modifications in relation to the Rail Passengers’ Rights and Obligations Regulation. Whilst we believe the drafting of the conditions is clear, we have concerns regarding the construction of a number of articles which would become effective as a result of the insertion or changes to the conditions. This relates either to where the drafting and meaning is unclear and would therefore lead to uncertainty around what would be compliant, or where the Article wording would mandate change that we believe might be unintended (for example Article 29). If you have any questions regarding our response or would like to discuss any area further, we would be more than happy to do this. Passenger SNRP holder Comments on PRO changes Condition 3 – Passenger rights, through Whilst the drafting of the condition is clear, we tickets and network benefits have concerns regarding the drafting of three articles for which we believe insufficient detail is included in order for us to comply: Article 5 – clarity is not given as to whether this applies to all services, or whether as is common practice we would be able to continue the practice of restricting the carriage of bikes on peak services due to the restricted space available on board during these times. More specifically, it is not clear what “if this does not adversely affect the specific rail service” means. Article 28 – could you please specify the meaning of the acronym ‘ERA’. We note that there does not appear to be any reference to this data published by any other country on https://www.era.europa.eu/ (insofar as we could ascertain). Arriva plc Lacon House 6th Floor 84 Theobalds Road London WC1X 8NL Tel +44 (0) 20 38 882 0400 www.arriva.co.uk Arriva Plc Registered in England 347103 Registered office: Admiral Way Doxford International Business Park Sunderland, SR3 3XP Article 29 – could you please confirm your intention that ORR’s contact details would be required to be displayed at points of sale. Currently we publish the addresses of Transport Focus and London Travelwatch. Condition 5 – Accessible Travel Policy Whilst the drafting of the condition is clear, we have concerns regarding the drafting of two articles for which we believe insufficient detail is included in order for us to comply: Article 21 – could you please review whether the article in its current wording would apply to operators with dispensations for non PRM TSI rolling stock Article 24 – this article appears to have been written for stations which are staffed. We are unclear as to how compliance would be possible at unstaffed stations. Condition 6 – Complaints handling Whilst the drafting of the condition is clear, we have concerns regarding the drafting of one article for which we believe insufficient detail is included in order for us to comply: Article 27 – could you please clarify whether there would be a requirement for each TOC to publish an annual report, or to annually submit data to the ORR for subsequent publication. Other comments on the drafting We have no additional comments on the drafting. Station licence holder Comments on PRO changes Table of contents We have no comment on the drafting of the table of contents. Condition 3 – Passenger rights Whilst the drafting of the condition is clear, we have concerns regarding the drafting of one article for which we believe insufficient detail is included in order for us to comply: Article 29 – could you please confirm your intention that ORR’s contact details would be required to be displayed at points of sale. Currently we publish the addresses of Transport Focus and London Travelwatch. Condition 5 – Accessible Travel Policy Whilst the drafting of the condition is clear, we have concerns regarding the drafting of two articles for which we believe insufficient detail is included in order for us to comply: Article 21 – could you please review whether the article in its current wording would apply to operators with dispensations for non PRM TSI rolling stock Article 24 – this article appears to have been written for stations which are staffed. We are unclear as to how compliance would be possible at unstaffed stations. Other comments on the drafting We have no additional comments on the drafting. I am content for this response to be published on the ORR website. (delete as appropriate) Name: Mary Hewitt, Strategy and Policy Director Organisation: Arriva UK Trains From: Andrew Levy [redacted] Sent: 20 November 2019 15:51 To: Licensing Enquiries Subject: Licence Modifications: Rail Passengers’ Rights and Obligations Regulation Dear Sir I refer to the attached letter from [redacted] dated 22 October 2019. I am submitting this response on behalf of First Group’s train operating companies. I confirm that we do not have any comments on the proposed drafting modifications. We are content for this response to be published on the ORR website. Kind regards Andrew Levy Legal Director- Rail FirstGroup plc Transport for London London Underground e 22 November 2019 Office of Road and Rail One Kemble Street London Underground London I I th Floor WC284AN Palestra 197 Blackfriars Road London SE I 8NJ By post and email [email protected] www.tfl.gov.uk/tube Dear LICENCE MODIFICATIONS: RAIL PASSENGERS' RIGHTS AND OBLIGATIONS REGULATION 1 Background 1.1 Thank you for your letter of 22nd October 2019 (the "Letter"). I write for and on behalf of London Underground Limited ("LUL"). The proposals of the Office of Rail and Road ("ORR") relating to Licence Modifications: Rail Passengers' Rights and Obligations Regulation set out in the Letter are noted. However, LUL does not consider this approach to be correct for the reasons set out below. In the letter, the ORR notes: 1.1.1 the Rail Passengers' Rights and Obligations Regulation (Regulation 1371/2007/EC) (the "European Regulation") are effectively implemented in Great Britain through the Rail Passengers' Rights and Obligations Regulations 2010 (the "RPRO 2010"); 1.1.2 the current domestic exemption in place for all but the core obligations of the European Regulation will expire on 3 December 2019; London Underground Limited trading as London Underground whose registered office is 55 Broadway London SW I H 0BD Registered in England and Wales, Company Number 1900907 VAT number 756 2770 08 London Underground Limited is a company controlled by a local authority within the meaning of Part V Local Government and MAYOR OF LONDON Housing Act 1989. The controlling authority is Transport for London. Page 2 of 7 1.1.3 the ORR proposes to modify certain licence conditions of those station licence holders granted licences under the Railways Act 1993 (the "Act") at which passenger SNRP holders provide passenger train services, including LUL's station licence granted by the Secretary of State for Transport ("SoST") and dated 31 March 1994 (the "LUL Station Licence"); 1.1.4 its proposed modifications to the LUL Station Licence are set out in Part 3 of Annex A of the Letter (the "Modifications"); and 1.1.5 the ORR claims it is making the Modifications in order to meet obligations under the European Regulations and has indicated it is able to do so without the consent of licence holders under the RPRO 2010. 1.2 The Modifications would have a number of practical impacts on LUL, through the application of a number of provisions of the European Regulation. If implemented, LUL would be required (in accordance with Article 18 of the European Regulation) to offer "assistance" to passengers at those LUL-operated stations which are also used by European-licensed passenger rail operators. Of course, as a reasonable customer service organisation, LUL does support and offer assistance to its customers. However, in the case of delays of more than 60 minutes to other operators' services which call at stations managed by LUL to which the LUL Station Licence applies, LUL may become obliged to pay for: 1.2.1 meals and refreshments; 1.2.2 hotel or other accommodation, and transport between the station and place of accommodation; and 1.2.3 transport (such as taxis) to a passenger's final destination. 1.3 Any such delays to other operators' services are unlikely to be within the reasonable control of LUL: either Network Rail or those other operators' will be responsible. In the absence of a contractual mechanism with the relevant operator (which has not been proposed by the ORR) LUL would be unable to recover those costs from the relevant operator or Network Rail. Essentially, LUL could have significant costs imposed upon it through no fault of its own and without any budget for such costs, nor the ability to recover from the responsible party. This, in our view, is patently unfair and unreasonable. Whilst we understand and acknowledge the good reasons for applying the European Regulation, the Modifications would impose a disproportionate impact on LUL. 1.4 Whilst the purpose of the Letter was to invite views on the drafting of the Modifications (which we set out in the Appendix to this letter on a without prejudice basis), we have fundamental concerns in relation to the ORR's proposal to impose the Modifications on LUL at all. We firmly believe that the ORR's proposal would be contrary to the established legal position, outside of the powers given to the ORR and irrational.