Freight Customers: access rights on Network Rail's network Bill Hammill 6 November 2014 

## Why Was This Idea Developed? Orr'S Response Consultation Document - September 2009

Use existing freight model track access contract with revisions Options in the way the freight customer access document could be structured 

## Conclusions Document - September 2010

Reflects on all consultation responses to inform our policy 

## Key Points In The Conclusions Document

What is a customer….. 

The structure of the Freight Customer Track Access Contract (FCTAC) The relationship between the FCTAC and the Freight Operating Company Track Access Contract (FOCTAC) How access rights are used by a freight customer's 'FOC of choice' The freight customer's role under the FCTAC 

## The Structure Of The Freight Customer Track Access Contract (Fctac) Model Clauses - Front Part

No Conditions Precedent; e.g. usual provisions on safety and 
licensing don't apply to a freight customer  
Clause 5 
how the access rights can be exercised; the 'draw down mechanism' Timetable Agent 
Clause 11 
Claims Allocation and Handling Agreement: deleted as freight customers not party to it Liability - annual cap of £5M; access rights not be made 
available to the freight customer 

## Fctac

Schedule 1– contract particulars 
Schedule 2 - information to assist making access proposals or 
Train Operator Variation Requests 
Schedule 3 - forms of notices (hand out) Schedule 4 - variations to services Schedule 5 - services: the Rights Table 

## Fctac

Schedule 6 - events of default 
Schedule 7 - access charges Schedule 8 - (not used) Schedule 9 - limitation of liability Schedule 10 - network code modifications 
 

## The Relationship Between The Fctac And The Freight Operating Company Track Access Contract (Foctac) How A Fc Can Obtain A Fctac (And Access Rights)

Approach Network Rail 
Agree the type of access right/s and its/their characteristics General approval/specific approval Consultation Submission to ORR  
Many of the above processes are managed by Network Rail 

## How A Foc Obtains A Foctac

Approach Network Rail 
General approval/specific approval Consultation Submission to ORR  
Many of the above processes are managed by Network Rail 

## How Access Rights Are Used By A Freight Customer'S 'Foc Of Choice'

The draw down mechanism will enable the FC to convey access rights directly to a FOCTAC They can then be 'exercised' by that FOC to transport the customer's goods If the FC decides to change its FOC it can reclaim the access rights by issuing a revocation notice It can then draw them down to its new FOC of choice 
 

## The Draw Down And Revocation Notices

Template format contained in Schedule 3 of the FCTAC 
Contain Rights Table which will replicate (some of) the access rights from the FCTAC 

## The Fc'S Role Under The Fctac

Awareness and knowledge of the engineering access statement and timetable planning rules Deal with draw down mechanism and revocation notices - 
familiar with Rights Table Under the FCTAC the FC is able to appoint an Agent to deal with such issues 
 

## The Foctac

Like the FCTAC, it's based on the ORR model freight track access contract Provision which recognises the draw down mechanism Indemnity against multiple liability 

## Network Code

'final conclusions' publication identifies changes to Network Code undertaken to recognise FCTACs and FOCTACs In particular: re the FCTAC 
Part J 
 

## Orr'S Web Page: Access For Freight Customers

http://orr.gov.uk/what-and-how-we-regulate/track-access/trackaccess-process/how-to-apply-for-track-access/access-forfreight-customers Criteria and Procedures for the approval of track access contracts - 
Chapter 9 
Model contracts (FCTAC and FOCTAC) Freight General approval FCTAC - Conclusions document 15 September 2010 
http://webarchive.nationalarchives.gov.uk/20140113074601/http://www.railreg.gov.uk/server/show/nav.2299