sec.266Priority for regularly scheduled passenger services in allocating train paths

### sec.266 Priority for regularly scheduled passenger services in allocating train paths The chief executive may establish a process that regularly allows the chief executive to identify passenger service requirements. For the process established under subsection (1) , the chief executive may, by written notice to a railway manager, require the railway manager to give to the chief executive information about— the total number of train paths that is possible for a specific section of railway track having regard to the railway manager’s maintenance requirements; and the existing train paths that are the subject of agreements with railway operators for access to that specific section of railway track; and the usage of the existing train paths on that specific section of railway track; and any other matter, if the information is reasonably required by the chief executive for identifying passenger service requirements. After identifying passenger service requirements, the chief executive may give written notice to each accredited person about the passenger service requirements relevant to the railway manager’s railway. Subject to subsection (5E) , a railway manager given a notice under subsection (3) must, whenever a train path is available for the railway manager to allocate, provide for priority to be given to the passenger service requirements as stated in the notice. In complying with subsection (4) , a railway manager must not distinguish between different types of regularly scheduled passenger services. If a railway manager becomes aware that a train path used for regularly scheduled passenger services on a specific section of railway track is, or will become, available for allocation, the railway manager must, during the period or at the time mentioned in subsection (5B) , give written notice of the availability to the chief executive. A notice under subsection (5A) must be given— if the train path will become available because of the impending expiry of an agreement for access to the specific section of railway track by an existing regularly scheduled passenger service—at least 6 months before the agreement expires; or otherwise—as soon as practicable after the railway manager becomes aware of the availability. On receiving a notice under subsection (5A) , the chief executive may, within the period mentioned in subsection (5D) , give a written notice to the railway manager requiring that the train path be allocated to a stated passenger service with effect from— if the train path is not available when the notice is given by the chief executive—the day the train path becomes available; or otherwise—as soon as practicable after the notice is given by the chief executive. A notice given by the chief executive under subsection (5C) must be given— if the notice is given in response to a notice given by the railway manager under subsection (5B) (a) —within 3 months after receiving the notice given by the railway manager; or if the notice is given in response to a notice given by the railway manager under subsection (5B) (b) —within a reasonable time after receiving the notice given by the railway manager. A railway manager given a notice under subsection (5C) must allocate the train path to the passenger service stated in the notice with effect from the day or time mentioned in the subsection. In charging for access to regularly scheduled passenger services (an access charge ), a railway manager must not— differentiate between similar regularly scheduled passenger services operating or proposed to operate over the same route at different times of the day; or set an access charge for a train path that is greater than the access charge set for similar train paths. This section does not apply in relation to a preserved train path under section 266A . In this section— available , in relation to the allocation of a train path, includes— a new train path available for allocation because of rearrangements of train operations or new or upgraded infrastructure; and reallocating an existing train path. infrastructure includes rail transport infrastructure and other rail infrastructure. passenger service requirements means requirements for train paths for the following— regularly scheduled passenger services on railway track in the State; rolling stock that is to be used for a regularly scheduled passenger service and is being relocated for the purpose of providing the service. s 266 ins 2003 No. 54 s 30 amd 2010 No. 32 s 74 (sec.266-ssec.1) The chief executive may establish a process that regularly allows the chief executive to identify passenger service requirements. (sec.266-ssec.2) For the process established under subsection (1) , the chief executive may, by written notice to a railway manager, require the railway manager to give to the chief executive information about— the total number of train paths that is possible for a specific section of railway track having regard to the railway manager’s maintenance requirements; and the existing train paths that are the subject of agreements with railway operators for access to that specific section of railway track; and the usage of the existing train paths on that specific section of railway track; and any other matter, if the information is reasonably required by the chief executive for identifying passenger service requirements. (sec.266-ssec.3) After identifying passenger service requirements, the chief executive may give written notice to each accredited person about the passenger service requirements relevant to the railway manager’s railway. (sec.266-ssec.4) Subject to subsection (5E) , a railway manager given a notice under subsection (3) must, whenever a train path is available for the railway manager to allocate, provide for priority to be given to the passenger service requirements as stated in the notice. (sec.266-ssec.5) In complying with subsection (4) , a railway manager must not distinguish between different types of regularly scheduled passenger services. (sec.266-ssec.5A) If a railway manager becomes aware that a train path used for regularly scheduled passenger services on a specific section of railway track is, or will become, available for allocation, the railway manager must, during the period or at the time mentioned in subsection (5B) , give written notice of the availability to the chief executive. (sec.266-ssec.5B) A notice under subsection (5A) must be given— if the train path will become available because of the impending expiry of an agreement for access to the specific section of railway track by an existing regularly scheduled passenger service—at least 6 months before the agreement expires; or otherwise—as soon as practicable after the railway manager becomes aware of the availability. (sec.266-ssec.5C) On receiving a notice under subsection (5A) , the chief executive may, within the period mentioned in subsection (5D) , give a written notice to the railway manager requiring that the train path be allocated to a stated passenger service with effect from— if the train path is not available when the notice is given by the chief executive—the day the train path becomes available; or otherwise—as soon as practicable after the notice is given by the chief executive. (sec.266-ssec.5D) A notice given by the chief executive under subsection (5C) must be given— if the notice is given in response to a notice given by the railway manager under subsection (5B) (a) —within 3 months after receiving the notice given by the railway manager; or if the notice is given in response to a notice given by the railway manager under subsection (5B) (b) —within a reasonable time after receiving the notice given by the railway manager. (sec.266-ssec.5E) A railway manager given a notice under subsection (5C) must allocate the train path to the passenger service stated in the notice with effect from the day or time mentioned in the subsection. (sec.266-ssec.6) In charging for access to regularly scheduled passenger services (an access charge ), a railway manager must not— differentiate between similar regularly scheduled passenger services operating or proposed to operate over the same route at different times of the day; or set an access charge for a train path that is greater than the access charge set for similar train paths. (sec.266-ssec.6A) This section does not apply in relation to a preserved train path under section 266A . (sec.266-ssec.7) In this section— available , in relation to the allocation of a train path, includes— a new train path available for allocation because of rearrangements of train operations or new or upgraded infrastructure; and reallocating an existing train path. infrastructure includes rail transport infrastructure and other rail infrastructure. passenger service requirements means requirements for train paths for the following— regularly scheduled passenger services on railway track in the State; rolling stock that is to be used for a regularly scheduled passenger service and is being relocated for the purpose of providing the service. - (a) the total number of train paths that is possible for a specific section of railway track having regard to the railway manager’s maintenance requirements; and - (b) the existing train paths that are the subject of agreements with railway operators for access to that specific section of railway track; and - (c) the usage of the existing train paths on that specific section of railway track; and - (d) any other matter, if the information is reasonably required by the chief executive for identifying passenger service requirements. - (a) if the train path will become available because of the impending expiry of an agreement for access to the specific section of railway track by an existing regularly scheduled passenger service—at least 6 months before the agreement expires; or - (b) otherwise—as soon as practicable after the railway manager becomes aware of the availability. - (a) if the train path is not available when the notice is given by the chief executive—the day the train path becomes available; or - (b) otherwise—as soon as practicable after the notice is given by the chief executive. - (a) if the notice is given in response to a notice given by the railway manager under subsection (5B) (a) —within 3 months after receiving the notice given by the railway manager; or - (b) if the notice is given in response to a notice given by the railway manager under subsection (5B) (b) —within a reasonable time after receiving the notice given by the railway manager. - (a) differentiate between similar regularly scheduled passenger services operating or proposed to operate over the same route at different times of the day; or - (b) set an access charge for a train path that is greater than the access charge set for similar train paths. - (a) a new train path available for allocation because of rearrangements of train operations or new or upgraded infrastructure; and - (b) reallocating an existing train path. - (a) regularly scheduled passenger services on railway track in the State; - (b) rolling stock that is to be used for a regularly scheduled passenger service and is being relocated for the purpose of providing the service.