Train Operator Variation Services. 2.3.1 Train Operator Variation Services are services for which the Train Operator has made a Train Operator Variation Request in accordance with Part D of the Network Code and which Train Operator Variation Request Network Rail has:
Train Operator Variation Services. (a) shall not include Services for the purpose of testing under vehicle acceptance procedures; but
Train Operator Variation Services. Train Operator Variation Services are services for which the Train Operator has made a Train Operator Variation Request in accordance with Part D of the Network Code and which Train Operator Variation Request Network Rail has: accepted or been deemed to have accepted; or modified, and that modification has either been accepted or been deemed to have been accepted by the Train Operator. The duration of any Train Operator Variation Service shall not exceed 12 months. For the purposes of paragraph 2.3.1, Train Operator Variation Services: shall not include Services for the purpose of testing under vehicle acceptance procedures; but shall include Services for the purpose of testing rolling stock (including testing for the purpose of mileage accumulation) which has secured an engineering acceptance certificate and a certificate of interim operation. For the purpose of this paragraph 2.3, where Train Operator Variation Requests for successive Train Operator Variation Services each having substantially the same characteristics are accepted, such Train Operator Variation Services shall be aggregated for the purpose of ascertaining whether the period of 12 months has been exceeded. Paragraphs 2.3.2 and 2.3.4 shall not apply to any Service to which a Freight Access Right applies that has been the subject matter of a Train Operator Variation Request. Public holidays [include any arrangements specifying the treatment of public holidays] Network Rail’s Flexing Rights Associations Where Associations are shown as Special Terms in the Rights Table relating to Firm Rights, Network Rail’s Flexing Rights shall not be used to break such Associations. Services
Train Operator Variation Services shall not include Services for the purpose of testing under vehicle acceptance procedures; but shall include Services for the purpose of testing rolling stock (including testing for the purpose of mileage accumulation) which has secured an engineering acceptance certificate and a certificate of interim operation. For the purpose of this paragraph 2.3, where Train Operator Variation Requests for successive Train Operator Variation Services each having substantially the same characteristics are accepted, such Train Operator Variation Services shall be aggregated for the purpose of ascertaining whether the period of 12 months has been exceeded. Paragraphs 2.3.2 and 2.3.4 shall not apply to any Service to which a Freight Access Right applies that has been the subject matter of a Train Operator Variation Request.
