In the Matter of Schedule 8 of the Track Access Agreement Between

THE SUBMISSION OF A REQUEST FOR GUIDANCE BY

(INSERT OPERATOR NAME HERE)

AND

NETWORK RAIL INFRASTRUCTURE LIMITED

TO THE

DELAY ATTRIBUTION BOARD

Note: The Delay Attribution Board can only hear a request for guidance once the investigation has been deemed by the parties to be complete. That all of the facts of the incident(s) are provided within the paper and the check list below has been completed.

In order to provide guidance, the Board will apply the Delay Attribution Guide which was in use at the time of the incident and the appropriate contracts. It will advise you when the Guide has been misinterpreted or where process has not been followed, the Board is unable to provide guidance regarding technical.

1. / Have the parties agreed that the investigation of the incident(s) referenced in this request is/are complete? / Yes No
2. / Has the prime cause of the incident(s) been identified? / Yes No
3. / Have the facts of the incident(s) been agreed? / Yes No
4. / What part(s) of the Delay Attribution Guide (DAG) has/have been referred? / Insert DAG sections (rationale in section 4/5)
5. / Do the parties believe that the DAG covers this scenario? / Yes No
6. / Have there been any similar incidents (including principles) in the last 3 years which have been heard by the DAB or ADC? If so which (DAB or AD reference / Yes No
Insert DAB / ADC references (rationale in section 4/5)
7. / Have there been any historic incidents of this exact nature, if so, how were they resolved previously? / Yes No
Operator / Network Rail / Commercial agreement
8. / Has an independent investigation been carried out?
If yes, please attach the report to the submission. / Yes No

The Board welcomes Access Parties to advise the Board where they believe that the delay attribution process is failing to meet the expected delay attribution standard.

Access parties, who advise the Board of those delay attribution process failures, should take into account that the Board will look to identify issues that impact on the ability of Network Rail and the Train operator(s) in complying with the Delay Attribution Guide. Interviews of key members of staff will be undertaken to identify key areas of concern. This will include discussion(s) with all levels of delay attribution staff, including dispute resolution and data quality staff, with the aim of improving delay attribution. The investigation will also seek evidence to support any issues raised.

Insert date of submission here

The names and addresses of the parties to the reference are:

Name of operator representative:
Role of representative:
Name of operator:
Address of operator:
Contact telephone number:
Email: / Name of Network Rail representative:
Role of representative:
Network Rail route:
Address of Route representative:
Contact telephone number:
Email:

1. This matter is jointly referred by and Network Rail (“the parties”) to the Delay Attribution Board (“DAB”) for guidance to be given in accordance with Condition B2.4 of the Network Code.

2. Subject matter of the reference

2.1. The parties have discussed the issues relevant to this matter, in accordance with the agreed procedures for obtaining agreement in relation to a disputed attribution.

2.2. The Delay Attribution Board is asked to give guidance on:

Insert here - What the specific problem that the DAB is being asked to give guidance on. Insert here - What you would consider to be the appropriate guidance to resolve the matter raised. -

2.3. The parties rational can be further explained in section 4 or 5 as appropriate.

3. Factual background to the incident(s) - (insert here the TRUST incident number(s))

3.1. Insert here the date, time of incident, unit number, planned journey, location of incident, summary of facts gleaned from the investigation. DAG references that were used at the time of the incident, initial attribution of incident. (Subject to the issue being raised, some or all of the data mentioned will need to be provided within this summary) - In the event that clarification is required, please do not hesitate to contact the DAB Secretariat - 0207 554 0606. Or email DAB

Note that sections 2 & 3 must be agreed by the parties if this is to be a joint submission.

4. Insert Operator’s name - view of the incident

4.1. insert here the following (or reference to appropriate Appendix):

v Supporting documentation to provide a full understanding of the circumstances associated with the issue on which guidance is being asked for. Eg. Technical reports, local agreements, a map of the area indicating locations relevant to the submission.

v Where infrastructure or fleet engineering is a relevant factor in the incident, it will be necessary to present in an agreed timely manner and level of completeness, sufficient engineering analysis to each other to support the submission. Relevant evidence and information includes, but is not limited to:

o Maintenance and examination reports.

o Technical reports and analysis on the cause(s).

o Analysis of failed components.

o Reports on the nature and extent of any damage.

o Photographic evidence indicating the location of any damage to the equipment.

o Information on component performance/design criteria.

v Insert a summary of the information received via the technical reports into the overall view.

v Insert what processes and procedures were used to mitigate the impact of the incident.

v Insert what sections of the DAG were referred to with regard to the attribution of this incident and why you believe that it is the appropriate section and delay code.

v Insert whether you believe the DAG was clear in providing guidance in this matter.

v Insert any comments relating to previous DAB guidance or ADC rulings and why they are appropriate to this matter

v Insert any comments relating to any incidents of the same nature that have been previously resolved between the two parties.

v Please make sure that any internal processes governing the submission of a request for guidance are completed prior to the submission. The Board may ask for confirmation that the internal process has been completed if they are aware that a process is in place.

5. Network Rail’s -insert route here- view

5.1. Insert here the information requested as in section 4. Please ensure that Network Rail have completed the internal process for the submission of requests for guidance to the Delay Attribution Board.

Section 4 & 5 do not require agreement by the other party. Each party must address the matter(s) raised or concern, independently and respond to the other party’s ‘view’ via their own statement.