No order for Network Rail to provide capability information

ORR decision (8 pages, PDF) not to make an order to enforce Network Rail's obligation to provide accurate information about the capability of its infrastructure. ORR found that inaccuracies in the information available to freight operators amounted to a breach of condition 7 of the network licence. However, a recovery plan agreed with Network Rail met the statutory requirement that appropriate steps were being taken, justifying not imposing an order.

ORR also issued a notice (9 pages, PDF) proposing to impose a £250,000 financial penalty on Network Rail in respect of non-compliance with the same obligation between December 2004 and the adoption of the recovery plan. The document notes that the breach caused undue harm to customers that could not be expected to be quantified or compensated through damages. The penalty is stated to be calculated such that it would have provided a proportionate incentive to comply, but the cost that would have been incurred by Network Rail in order to comply is not quantified.

Representations (apparently on the proposed penalty only) by Thursday 23 March 2006.

For further information or advice please contact Franck Latrémolière.

Filed under ORR, Public transport.

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