Common use of Inspection of Trains and Rollingstock Clause in Contracts

Inspection of Trains and Rollingstock. (a) Where QR reasonably believes that the Access Holder’s or Operator’s Rollingstock or Rollingstock Configurations do not comply with: (i) the authorised Rollingstock and Rollingstock Configurations as specified in (ii) the Interface Risk Management Plan (including the Rollingstock Interface Standards); or (iii) any applicable Laws relevant to the Access Holder’s Train Services and QR cannot otherwise determine whether this is the case, QR may inspect any Trains or Rollingstock which is utilised or intended to be utilised in the operation of Train Services or require the Access Holder to have an inspection conducted and for this purpose QR or QR’s Staff will be entitled at any time to enter and ride on the Trains or Rollingstock. (b) QR shall have the right to require any of the Access Holder’s or Operator’s Rollingstock (either loaded or empty) to be available at such location as QR may reasonably require, including locations on the Infrastructure but not on the Nominated Network, for weighing, measurement or other inspection at any reasonable time specified by QR. (c) Notwithstanding the provisions of Clause 2.7, if any of the Access Holder’s or Operator’s Rollingstock is reasonably considered by QR to be loaded in excess of the limits specified in Schedule 4 or in an unsafe or insecure manner, then QR may at any time require the Operator to discontinue the Train Service or to remove the excess or adjust the load at the Access Holder's expense. If the Operator fails to immediately remove the excess or adjust the load, QR may arrange for its removal or adjustment and the Access Holder will be responsible for all resultant costs incurred by QR.

Inspection of Trains and Rollingstock. (a) Where QR Network reasonably believes that the Access Holder’s or Operator’s Rollingstock or Rollingstock Configurations do not comply with: (i) the authorised Rollingstock and Rollingstock Configurations as specified in (ii) the Interface Risk Management Plan (including the Rollingstock Interface Standards); or (iii) any applicable Laws relevant to the Access HolderOperator’s Train Services Services, and QR Network cannot otherwise determine whether this is the case, QR Network may inspect any Trains or Rollingstock which is utilised or intended to be utilised in the operation of Train Services or require the Access Holder Operator to have an inspection conducted and for this purpose QR Network or QRQR Network’s Staff will be entitled at any time to enter and ride on the Operator’s Trains or Rollingstock. (b) QR Network shall have the right to require any of the Access Holder’s or Operator’s Rollingstock (either loaded or empty) to be available at such location as QR Network may reasonably require, including locations on the Infrastructure but not on the Nominated Network, for weighing, measurement or other inspection at any reasonable time specified by QRQR Network. (c) Notwithstanding the provisions of Clause 2.7, if any of the Access Holder’s or Operator’s Rollingstock is reasonably considered by QR Network to be loaded in excess of the limits specified in Schedule 4 or in an unsafe or insecure manner, then QR Network may at any time require the Operator to discontinue the Train Service or to remove the excess or adjust the load at the Access HolderOperator's expense. If the Operator fails to immediately remove the excess or adjust the load, QR Network may arrange for its removal or adjustment and the Access Holder Operator will be responsible for all resultant costs incurred by QRQR Network.

Inspection of Trains and Rollingstock. (a) Where QR Network reasonably believes that the Access Holder’s or Operator’s Rollingstock or Rollingstock Configurations do not comply with: (i) the authorised Rollingstock and Rollingstock Configurations as specified in (ii) the Interface Risk Management Plan (including the Rollingstock Interface Standards); or (iii) any applicable Laws relevant to the Access Holder’s Train Services Services, and QR Network cannot otherwise determine whether this is the case, QR Network may inspect any Trains or Rollingstock which is utilised or intended to be utilised in the operation of Train Services or require the Access Holder to have an inspection conducted and for this purpose QR Network or QRQR Network’s Staff will be entitled at any time to enter and ride on the Trains or Rollingstock. (b) QR Network shall have the right to require any of the Access Holder’s or Operator’s Rollingstock (either loaded or empty) to be available at such location as QR Network may reasonably require, including locations on the Infrastructure but not on the Nominated Network, for weighing, measurement or other inspection at any reasonable time specified by QRQR Network. (c) Notwithstanding the provisions of Clause 2.7, if any of the Access Holder’s or Operator’s Rollingstock is reasonably considered by QR Network to be loaded in excess of the limits specified in Schedule 4 or in an unsafe or insecure manner, then QR Network may at any time require the Operator to discontinue the Train Service or to remove the excess or adjust the load at the Access Holder's expense. If the Operator fails to immediately remove the excess or adjust the load, QR Network may arrange for its removal or adjustment and the Access Holder will be responsible for all resultant costs incurred by QRQR Network.

Inspection of Trains and Rollingstock. (a) Where QR reasonably believes that the Access Holder’s or Operator’s Rollingstock or Rollingstock Configurations do not comply with: (i) the authorised Rollingstock and Rollingstock Configurations as specified in (ii) the Interface Risk Management Plan (including the Rollingstock Interface Standards); or (iii) any applicable Laws relevant to the Access Holder’s Train Services Services, and QR cannot otherwise determine whether this is the case, QR may inspect any Trains or Rollingstock which is utilised or intended to be utilised in the operation of Train Services or require the Access Holder to have an inspection conducted and for this purpose QR or QR’s Staff will be entitled at any time to enter and ride on the Trains or Rollingstock. (b) QR shall have the right to require any of the Access Holder’s or Operator’s Rollingstock (either loaded or empty) to be available at such location as QR may reasonably require, including locations on the Infrastructure but not on the Nominated Network, for weighing, measurement or other inspection at any reasonable time specified by QR. (c) Notwithstanding the provisions of Clause 2.7, if any of the Access Holder’s or Operator’s Rollingstock is reasonably considered by QR to be loaded in excess of the limits specified in Schedule 4 or in an unsafe or insecure manner, then QR may at any time require the Operator to discontinue the Train Service or to remove the excess or adjust the load at the Access Holder's expense. If the Operator fails to immediately remove the excess or adjust the load, QR may arrange for its removal or adjustment and the Access Holder will be responsible for all resultant costs incurred by QR.

Inspection of Trains and Rollingstock. (a) Where QR Network reasonably believes that the Access Holder’s or Operator’s Rollingstock or Rollingstock Configurations do not comply with: (i) the authorised Rollingstock and Rollingstock Configurations as specified in (ii) the Interface Risk Management Plan (including the Rollingstock Interface Standards); or (iii) any applicable Laws relevant to the Access HolderOperator’s Train Services Services; and QR Network cannot otherwise determine whether this is the case, QR Network may inspect any Trains or Rollingstock which is utilised or intended to be utilised in the operation of Train Services or require the Access Holder Operator to have an inspection conducted and for this purpose QR Network or QRQR Network’s Staff will be entitled at any time to enter and ride on the Operator’s Trains or Rollingstock. (b) QR Network shall have the right to require any of the Access Holder’s or Operator’s Rollingstock (either loaded or empty) to be available at such location as QR Network may reasonably require, including locations on the Infrastructure but not on the Nominated Network, for weighing, measurement or other inspection at any reasonable time specified by QRQR Network. (c) Notwithstanding the provisions of Clause 2.7, if any of the Access Holder’s or Operator’s Rollingstock is reasonably considered by QR Network to be loaded in excess of the limits specified in Schedule 4 or in an unsafe or insecure manner, then QR Network may at any time require the Operator to discontinue the Train Service or to remove the excess or adjust the load at the Access HolderOperator's expense. If the Operator fails to immediately remove the excess or adjust the load, QR Network may arrange for its removal or adjustment and the Access Holder Operator will be responsible for all resultant costs incurred by QRQR Network.

Inspection of Trains and Rollingstock. (a) Where QR Network reasonably believes that the Access Holder’s or Operator’s Rollingstock or Rollingstock Configurations do not comply with: (i) the authorised Rollingstock and Rollingstock Configurations as specified in (ii) the Interface Risk Management Plan (including the Rollingstock Interface Standards); or (iii) any applicable Laws relevant to the Access HolderOperator’s Train Services and QR Network cannot otherwise determine whether this is the case, QR Network may inspect any Trains or Rollingstock which is utilised or intended to be utilised in the operation of Train Services or require the Access Holder Operator to have an inspection conducted and for this purpose QR Network or QRQr’s Staff will be entitled at any time to enter and ride on the Operator’s Trains or Rollingstock. (b) QR Network shall have the right to require any of the Access Holder’s or Operator’s Rollingstock (either loaded or empty) to be available at such location as QR Network may reasonably require, including locations on the Infrastructure but not on the Nominated Network, for weighing, measurement or other inspection at any reasonable time specified by QRQR Network. (c) Notwithstanding the provisions of Clause 2.7, if any of the Access Holder’s or Operator’s Rollingstock is reasonably considered by QR Network to be loaded in excess of the limits specified in Schedule 4 or in an unsafe or insecure manner, then QR Network may at any time require the Operator to discontinue the Train Service or to remove the excess or adjust the load at the Access HolderOperator's expense. If the Operator fails to immediately remove the excess or adjust the load, QR Network may arrange for its removal or adjustment and the Access Holder Operator will be responsible for all resultant costs incurred by QRQR Network.

Inspection of Trains and Rollingstock. (a) Where QR reasonably believes that the Access Holder’s or Operator’s Rollingstock or Rollingstock Configurations do not comply with: (i) the authorised Rollingstock and Rollingstock Roll ingstock Configurations as specified in (ii) the Interface Risk Management Plan (including the Rollingstock Interface Standards); or (iii) any applicable Laws relevant to the Access Holder’s Train Services and QR cannot otherwise determine whether this is the case, QR may inspect any Trains or Rollingstock which is utilised or intended to be utilised in the operation of Train Services or require the Access Holder to have an inspection conducted and for this purpose QR or QR’s Staff will be entitled at any time to enter and ride on the Trains or Rollingstock. (b) QR shall have the right to require any of the Access Holder’s or Operator’s Rollingstock (either loaded or empty) to be available at such location as QR may reasonably require, including inclu ding locations on the Infrastructure but not on the Nominated Network, for weighing, measurement or other inspection at any reasonable time specified by QR. (c) Notwithstanding the provisions of Clause 2.7, if any of the Access Holder’s or Operator’s Rollingstock is reasonably considered by QR to be loaded in excess of the limits specified in Schedule 4 or in an unsafe or insecure manner, then QR may at any time require the Operator to discontinue the Train Service or to remove the excess or adjust the load at the Access Holder's expense. If the Operator fails to immediately remove the excess or adjust the load, QR may arrange for its removal or adjustment and the Access Holder will be responsible for all resultant costs incurred by QR.

Inspection of Trains and Rollingstock. (a) Where QR Aurizon Network reasonably believes that the Access Holder’s or Operator’s Rollingstock or Rollingstock Configurations do not comply with: (i) the authorised Rollingstock and Rollingstock Configurations as specified inin Schedule 4; (ii) the Interface Risk Management Plan (including the Rollingstock Interface Standards); or (iii) any applicable Laws relevant to the Access HolderOperator’s Train Services Services, and QR Aurizon Network cannot otherwise determine whether this is the case, QR Aurizon Network may inspect any Trains or Rollingstock which is utilised or intended to be utilised in the operation of Train Services or require the Access Holder Operator to have an inspection conducted and for this purpose QR Aurizon Network or QRAurizon Network’s Staff will be entitled at any time to enter and ride on the Operator’s Trains or Rollingstock. (b) QR Aurizon Network shall have the right to require any of the Access Holder’s or Operator’s Rollingstock (either loaded or empty) to be available at such location as QR Aurizon Network may reasonably require, including locations on the Infrastructure but not on the Nominated Network, for weighing, measurement or other inspection at any reasonable time specified by QRAurizon Network. (c) Notwithstanding the provisions of Clause 2.73, if any of the Access Holder’s or Operator’s Rollingstock is reasonably considered by QR Aurizon Network to be loaded in excess of the limits specified in Schedule 4 or in an unsafe or insecure manner, then QR Aurizon Network may at any time require the Operator to discontinue the Train Service or to remove the excess or adjust the load at the Access HolderOperator's expense. If the Operator fails to immediately remove the excess or adjust the load, QR Aurizon Network may arrange for its removal or adjustment and the Access Holder Operator will be responsible for all resultant costs incurred by QRAurizon Network.

Inspection of Trains and Rollingstock. (a) Where QR Network reasonably believes that the Access Holder’s or Operator’s Rollingstock or Rollingstock Configurations do not comply with: (i) the authorised Rollingstock and Rollingstock Configurations as specified in (ii) the Interface Risk Management Plan (including the Rollingstock Interface Standards); or (iii) any applicable Laws relevant to the Access HolderOperator’s Train Services Services, and QR Network cannot otherwise determine whether this is the case, QR Network may inspect any Trains or Rollingstock which is utilised or intended to be utilised in the operation of Train Services or require the Access Holder Operator to have an inspection conducted and for this purpose QR Network or QRQR Network’s Staff will be entitled at any time to enter and ride on the Operator’s Trains or Rollingstock. (b) QR Network shall have the right to require any of the Access Holder’s or Operator’s Rollingstock (either loaded or empty) to be available at such location as QR Network may reasonably require, including locations on the Infrastructure but not on the Nominated Network, for weighing, measurement or other inspection at any reasonable time specified by QRQR Network. (c) Notwithstanding the provisions of Clause 2.73, if any of the Access Holder’s or Operator’s Rollingstock is reasonably considered by QR Network to be loaded in excess of the limits specified in Schedule 4 or in an unsafe or insecure manner, then QR Network may at any time require the Operator to discontinue the Train Service or to remove the excess or adjust the load at the Access HolderOperator's expense. If the Operator fails to immediately remove the excess or adjust the load, QR Network may arrange for its removal or adjustment and the Access Holder Operator will be responsible for all resultant costs incurred by QRQR Network.

Inspection of Trains and Rollingstock. (a) Where QR Network reasonably believes that the Access Holder’s or Operator’s Rollingstock or Rollingstock Configurations do not comply with: (i) the authorised Rollingstock Xxxxxxxxxxxx and Rollingstock Configurations as specified in (ii) the Interface Risk Management Plan (including the Rollingstock Interface Standards); or (iii) any applicable Laws relevant to the Access Holder’s Train Services Services, and QR Network cannot otherwise determine whether this is the case, QR Network may inspect any Trains or Rollingstock which is utilised or intended to be utilised in the operation of Train Services or require the Access Holder to have an inspection conducted and for this purpose QR Network or QRQR Network’s Staff will be entitled at any time to enter and ride on the Trains or Rollingstock. (b) QR Network shall have the right to require any of the Access Holder’s or Operator’s Rollingstock (either loaded or empty) to be available at such location as QR Network may reasonably require, including locations on the Infrastructure but not on the Nominated Network, for weighing, measurement or other inspection at any reasonable time specified by QRQR Network. (c) Notwithstanding the provisions of Clause 2.7, if any of the Access Holder’s or Operator’s Rollingstock is reasonably considered by QR Network to be loaded in excess of the limits specified in Schedule 4 or in an unsafe or insecure manner, then QR Network may at any time require the Operator to discontinue the Train Service or to remove the excess or adjust the load at the Access Holder's expense. If the Operator fails to immediately remove the excess or adjust the load, QR Network may arrange for its removal or adjustment and the Access Holder will be responsible for all resultant costs incurred by QRQR Network.