Common use of Train Control Rights and Obligations Clause in Contracts

Train Control Rights and Obligations. (a) Aurizon Network must exercise Train Control by the issue of Aurizon Network Train Control Directions to the Operator and the Operator’s Staff consistent with the Network Management Principles. (b) In exercising Train Control Aurizon Network shall have regard to the safe conduct of rail operations on the Infrastructure and: (i) may delay, alter or add a Train Service; (ii) may cancel, re-route or re-schedule a Train Service; (iii) may alter the Scheduled Times for Train Services in the Train Schedule; and (iv) may impose any Operational Constraint on the Nominated Network consistent with Clause 7.2. (c) The Operator must: (i) comply with Aurizon Network Train Control Directions; (ii) ensure the Operator’s Staff comply with Aurizon Network Train Control Directions; (iii) ensure that Train drivers are contactable by the Aurizon Network Train Controller to receive Aurizon Network Train Control Directions; (iv) notify the Aurizon Network Train Controller as soon as the Operator becomes aware that it is not possible for the Operator or the Operator’s Staff to comply with a Aurizon Network Train Control Direction or the Operator or the Operator’s Staff have not complied with a Aurizon Network Train Control Direction; and (v) notify the Aurizon Network Train Controller as soon as the Operator becomes aware of any changes or delays in Train Services or any circumstances which have affected or may affect Train Control including the ability of any Train Service to conform to its Scheduled Times.

Train Control Rights and Obligations. (a) Aurizon QR Network must exercise Train Control by the issue of Aurizon QR Network Train Control Directions to the Operator and the OperatorAccess Holder’s Staff consistent with the Network Management Principles. (b) In exercising Train Control Aurizon QR Network shall have regard to the safe conduct of rail operations on the Infrastructure and: (i) may delay, alter or add a Train Service; (ii) may cancel, re-route or re-schedule a Train Service; (iii) may alter the Scheduled Times for Train Services in the Train Schedule; and (iv) may impose any Operational Constraint on the Nominated Network consistent with Clause 7.26.2. (c) The Operator Access Holder must: (i) comply ensure the Operator complies with Aurizon QR Network Train Control Directions; (ii) ensure the OperatorAccess Holder’s Staff comply with Aurizon QR Network Train Control Directions; (iii) ensure that Train drivers are contactable by the Aurizon QR Network Train Controller to receive Aurizon QR Network Train Control Directions; (iv) notify the Aurizon QR Network Train Controller as soon as the Operator becomes aware that it is not possible for the Operator or the OperatorAccess Holder’s Staff to comply with a Aurizon QR Network Train Control Direction or the Operator or the OperatorAccess Holder’s Staff have not complied with a Aurizon QR Network Train Control Direction; and (v) notify the Aurizon QR Network Train Controller as soon as the Operator becomes aware of any changes or delays in Train Services or any circumstances which have affected or may affect Train Control including the ability of any Train Service to conform to its Scheduled Times.