Rail Users Ireland Forum - View Single Post - Submission to the NTA about Waterford-Rosslare?

Mark Gleeson · 14-04-2010, 23:32

There is a deadline since the NTA must reply to IE within a set number of weeks from there request, that was yesterday as that was 10 working days from the request IE made for a variance on the contract, as per section 4.3 of the contract NTA - IE

Sure that deadline can be waived if both parties agree, now do you honestly think IE will agree to drag it out? Regardless there is no legal obligation to even consider the submissions. The DoT naturally gave IE an exemption from EC1371/2007 which would have legally required RUI and certain others to be consulted under EU law (The nice people in the European Rail Agency in Brussels recognise us)

The F&RHRco is a shell company, the only point we have a shot at is if IE start to lift the line at which point they are impacting on the assets held by the company, IE have indicated over and over again there are no plans to lift or sell off

The Transport Act does not prohibit IE from withdrawing services, a line closure is a different issue. There is some historical precedents with the F&RHRco which support this view, full details are awaited. The NTA can of course refuse the variance on the contract.

That quote is from the accounts of 2003 I think

Mr Kennan is still an paid employee of Irish Rail, he has not been dismissed

14-04-2010, 23:32	#6
Mark Gleeson Technical Officer Join Date: Dec 2005 Location: Coach C, Seat 33 Posts: 12,669	There is a deadline since the NTA must reply to IE within a set number of weeks from there request, that was yesterday as that was 10 working days from the request IE made for a variance on the contract, as per section 4.3 of the contract NTA - IE Sure that deadline can be waived if both parties agree, now do you honestly think IE will agree to drag it out? Regardless there is no legal obligation to even consider the submissions. The DoT naturally gave IE an exemption from EC1371/2007 which would have legally required RUI and certain others to be consulted under EU law (The nice people in the European Rail Agency in Brussels recognise us) The F&RHRco is a shell company, the only point we have a shot at is if IE start to lift the line at which point they are impacting on the assets held by the company, IE have indicated over and over again there are no plans to lift or sell off The Transport Act does not prohibit IE from withdrawing services, a line closure is a different issue. There is some historical precedents with the F&RHRco which support this view, full details are awaited. The NTA can of course refuse the variance on the contract. That quote is from the accounts of 2003 I think Mr Kennan is still an paid employee of Irish Rail, he has not been dismissed __________________ Unhappy with new timetable - let us know Last edited by Mark Gleeson : 14-04-2010 at 23:34.