Variations to Average Journey Time and Average Pathing Time. Either party may request the other to agree a reduction or increase in any of the Average Journey Time or Average Pathing Time. Any such request shall be in writing and (unless the other party agrees to the contrary) the party making the request (the “requesting party”) shall be required to demonstrate: (A) in the case of an increase in the Average Journey Time or Average Pathing Time, that the amount of the increase requested is necessary either (a) as a result of the minimum point to point running time as set out in the Applicable Rules of the Plan for the Route in relation to which the Average Journey Time is calculated being revised upwards after the Commencement Date or (b) to maximise available capacity on the Route in order to allow Network Rail to accommodate the rights of other Nexus, and that, having regard to the effect on the Journey Times of the Services, such increase in the Average Journey Time or Average Pathing Time is restricted to the minimum necessary to achieve such purpose having due regard to the Decision Criteria; and (B) in the case of a reduction in the Average Journey Time or Average Pathing Time, that the amount of the reduction requested is necessary either (a) as a result of the minimum point to point running time as set out in the Applicable Rules of the Plan for the Route in relation to which the Average Journey Time is calculated being revised downwards after the Commencement Date or (b) that, if the proposed reduction is not as a result of such a downwards revision of the minimum point to point running time referred to in (a) above, if the proposed reduction is made, such reduction will not have a materially adverse affect on Network Rail’s ability to timetable the Services on the Route having due regard to the Decision Criteria. If any such request is not agreed by the parties within 60 days of notification of the request being received, the requesting party may refer the request for determination to the Timetabling Committee and the matter shall then be determined in accordance with Condition D5 of the Access Conditions. Subject to obtaining the approval of the Regulator, the Average Journey Time or Average Pathing Time shall then be varied as agreed by the parties or as determined in accordance with Condition D5 of the Access Conditions.
Appears in 6 contracts
Samples: Track Access Agreement (Passenger Services), Track Access Agreement, Track Access Agreement (Passenger Services)
