38CMeaning of *rail transport service*

38C Meaning of *rail transport service*

(1) A rail transport service is a service provided, or that may be provided, by an access provider to any of the following entities by means of rail infrastructure or tram infrastructure owned or operated by that provider that enables the entity to provide freight services, passenger services or other transport services—

(a) a user;

(b) an access seeker;

(c) a related body corporate of the access provider.

(2) A rail transport service is also a service provided, or that may be provided, by an access provider to itself by means of rail infrastructure or tram infrastructure owned or operated by that provider that enables the provider to provide freight services, passenger services or other transport services.

(3) Without limiting subsection (1) or (2), a rail transport service includes any of the following services—

(a) the service of allowing a user to use rail infrastructure or tram infrastructure (as the case requires);

(b) the service of assessing the capacity of a rail network owned or operated by the access provider;

(c) the service of allocating the capacity of a rail network owned or operated by the access provider;

(d) the service of allocating train paths;

(e) the service of planning train services;

(f) the service of scheduling train services;

(g) the service of managing and controlling train services, including train traffic management;

(h) the service of managing and controlling a rail network owned or operated by the access provider;

(i) the service of maintaining a rail network owned or operated by the access provider;

(j) the service of extending, enhancing or expanding a rail network owned or operated by the access provider;

(k) any service that is ancillary to a service referred to in subsection (1) or (2), or this subsection.

S. 38D substituted by No. 68/2017 s. 88, amended by No. 30/2021 s. 91.