Appendix 1 ADP 39

“IN THE MATTER OF SCHEDULE 8 OF THE TRACK ACCESS AGREEMENT BETWEEN

FIRST SCOTRAIL LIMITED

AND

NETWORK RAIL INFRASTRUCTURE LIMITED

JOINT SUBMISSION OF

FIRST SCOTRAIL LIMITED

AND

NETWORK RAIL INFRASTRUCTURE LIMITED TO THE

DELAY ATTRIBUTION BOARD

  1. Summary of reference

1.1The names and addresses of the parties to the reference are:

First ScotRail Limited whose registered office is at Atrium Court, 50 Waterloo Street, Glasgow, G2 6HQ

Network Rail Infrastructure Limited whose registered office is at Kings Place, 90 York Way, London, N1 9AG (“Network Rail”)

1.2This matter is jointly referred by First ScotRail and Network Rail (“the parties”) to the Delay Attribution Board (“DAB”) for guidance to be given in accordance with Condition B2.4 of the Network Code.

1.3All correspondence should be sent to the following key contacts in this matter.

Anne Marie Harmon
Route Performance Manager
Network Rail
Buchanan House
58 Port Dundas Road
Glasgow
G4 0LQ
Tel: 0141 555 4572
Email: / Veronica Bolton
Delay Attribution Manger
First ScotRail
Buchanan House
58 Port Dundas Road
Glasgow
G4 0LQ
Tel: 0141 555 4561
Email:
  1. Subject matter of the reference
  2. The parties have discussed the issues relevant to this matter, in accordance with the agreed procedures for obtaining agreement in relation to a disputed attribution as set out in Part B of the Network Code. However, they have been unable to reach a common position. The parties are, therefore, both agreed that the issues raised should be referred to the DAB for guidance and have prepared a joint submission accordingly, incorporating their respective interpretations.
  3. DAB is asked to give guidance as to which is the correct interpretation, for delay attribution and Schedule 8 purposes, ofdelay associated with fog (TRUST delay incidents913563 appendix 1 and 913489 appendix 2).

In addition to the above incidents there are currently 91 incidents and 1227disputed minutes of delay as a result of trains losing time in sections due to fog. In all cases no report was received by the signaller on the day regarding fog. The driver has later reported the time lost was due to poor visibility due to fog.

  1. Factual Background to the incident
  2. The main facts of the case are as follows;
  3. The incidents occurred on 13th of April 2007 and both involved 2Y46 ( 2015 Glasgow Central to Edinburgh ) losing time in two sections Holytown Junction to Shotts and Shotts to Midcalder Junction resulting in two three minute incidents.
  4. The driver of 2Y46 did not make any report to the signaller or First ScotRail control on the day that the train was experiencing problems.
  5. The driver laterreported that he was driving at a reduced speed due to poor visibility caused by fog via a driver’s report, which was entered into TRUST on the 16thApril and 17th April 2007 (appendix 3).
  1. First ScotRail View
  2. ScotRail have used all sources of information available to investigate the cause of delay and concluded that the delay was due to running at reduced speed as a result of reduced visibility caused by fog in the area.
  3. As per the DAG, section 4.39 “Weather Effects” is the appropriate section to give guidance for attribution.

(a) Within this section 4.39.2 c, d, k, l (4.39.5 in the current DAG) and s are the sections which would be applicable to any TOC.

(b)c, d, k and lare not applicable in this instance as there were no fleet or depot issues.

(c) s ( “q” in the current DAG ) is not applicable as the delay was not a result of the weather affecting station buildings.

4.3The Rule Book Module TW1 Section 14 (appendix 4) instructs the driver to reduce the speed of his train as considered necessary if signals cannot be seen at the normal distance during fog, falling snow or any other poor visibility.

4.4ScotRail conclude that the most appropriate explanation from the DAG is 4.39.2(m) – “severe weather (other than snow) affecting Network Rail infrastructure”. (Note 4.37.5 “m” in the current DAG has been replaced by the individual weather scenarios).

4.5Schedule 8 Paragraph 5.3of the Track Access Contract refers to the criteria of incidents being Train Operator responsibility where it is deemed the Train Operator is at fault by circumstances within the control of the Train Operator in its capacity as an operator of trains. In the case of fog, which by its nature is unpredictable, there is no mitigation that ScotRail can apply.

  1. Network Rail View
  2. Network Rail has used all sources of information available to the company to investigate the cause of the delay and found no known cause within Network Rail. Network Rail therefore believe that the initial attribution of the incidents to “TO” was correct.
  3. Network Rail acknowledge the fact that the Rule Book does state that drivers should reduce their speed during fog and falling snow, However, Network Rail do not believe that compliance with the Rule Book constitutes a Network Rail delay cause in the Delay Attribution Guide and in Schedule 8.
  4. Network Rail believe that the delays were a direct result of the actions of First ScotRail’s professional driving policy(appendix 5). First ScotRail implement the professional driving policy during periods of poor visibility due to fog, sea mist or falling snow.In these circumstances, Schedule 8 paragraph 5.3.(a) (ii) should apply; “(whether or not the Train Operator is at fault) by circumstances within the control of the Train Operator in its capacity as an operator of trains”.
  5. When reviewing the cause of delay in order to establish a reason code Network Rail reviewed section 4.39.2 of the Delay AttributionGuide (4.39.5 of the current DAG) and found that that with the exception of 4.39.2(r) none of the delay codes or circumstances relate to fog. (Note 4.39.2(r), “QK” has been changed to 4.39.5(p) in the current DAG and is “X1”)

With regard to DAG section 4.39.2(r), Network Rail did not implement any form of special or restrictive working as;

  • The driver did not report fog at the time of the delay.
  • 4.39.2(r) is specifically for areas of the network with semaphore signalling. The areas of the Network where the incidents in question occurred are equipped with modern colour light signalling and with equipment such as AWS and TPWS. As such, no special working arrangements would be implemented in these areas for the type of conditions described.

Taking the above into account, reason code QK is not relevant. (DAG reference 4.39.2r). Additionally, X1 under DAG reference 4.39.5(p) in the current DAG is also not relevant.

5.5Network Rail do not believe that the incidents should be coded as per 4.39.2(m) – “severe weather” as the infrastructure was not affected. There were no infrastructure failures and all equipment was operating as normal within the design parameters.

5.6Network Rail is not in a position to mitigate delays occurring as a result of signal sighting during fog conditions. Network Rail believe that the only means of mitigating delays incurred by fog is through the introduction of “in cab signalling” which is not considered to be a an economical or viable option for Network Rail or First Scotrail at this present time. Additionally, Network Rail also believe that it is unreasonable to allocate the responsibility for the loss in running caused by drivers reducing the speed of their train during external weather related issues to Network Rail.

5.7Attached is the performance of 2Y46 and 2Y65, the nearest service passing on the down line. This service although travelling in the opposite direction to 2Y46, did not lose significant time travelling between Midcalder Jn and Holytown Jn (appendix 6).

  1. Guidance sought from the DAB

6.1Network Rail would re-iterate that the initial coding of these incidents to “TO” was correct. Network Rail also believe that the final attribution should remain to an Operator code. For example, “TG” as a result of the driver reducing the speed of the train and causing a delay, or “TR” as the driver was following a TOC directive. Network Rail asks that DAB provide guidance on suitable attribution for delays where fog working has not implemented.

6.2First ScotRail asks that DAB provide guidance on attribution for fog related incidents where the driver has reduced the speed of his train in accordance with The Rule Book due to poor visibility.

Appendix 1

Appendix 2

Appendix 3

Appendix 4

Appendix 5

Appendix 6

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