Common use of AMENDMENTS TO THE TRAIN PLAN Clause in Contracts

AMENDMENTS TO THE TRAIN PLAN. 3.1 The Franchisee shall use all reasonable endeavours to propose to the Authority and each affected Executive from time to time any amendments that it considers should be made to the Train Plan to better match the passenger carrying capacity of the Train Fleet to Target Passenger Demand, having regard to: (a) any foreseeable differences that there may be between the Timetable and any Plan of the Day; and (b) any material alteration in Target Passenger Demand, subsequent to the issue of the Train Plan, that is: (i) observable from the most recent determination of Actual Passenger Demand in accordance with paragraph 1 of Schedule 1.5 (Information about Passengers); or (ii) attributable to seasonal or exceptional factors; and in so doing the Franchisee shall also identify the extent to which such proposed amendments conflict with the obligations contained in paragraph 7.7 of Schedule 1.1 (Service Development). The Franchisee shall amend the Train Plan in accordance with the Authority’s response to its proposal. (a) The Franchisee may, subject to complying with the provisions of Schedule 1.1 in respect of the preparation of Train Plans, propose amendments to the Train Plan for the purposes of optimising Passenger Services relative to Target Passenger Demand or for the purposes of achieving improved operational efficiency or performance. The Franchisee shall consult with the Authority and each affected Executive with regard to such proposed amendments. Subject to paragraph 3.2 (b) below the Authority shall permit the Franchisee to amend the Train Plan if it is reasonably satisfied that the proposed amendments are for the purposes of optimising Passenger Services relative to Target Passenger Demand or for the purposes of improving operational efficiency or performance and that the amended Train Plan has been prepared in compliance with the provisions of Schedule 1.1 in respect of the preparation of Train Plans. (b) The provisions of paragraphs 7.10 to 7.17 of Schedule 1.1 will apply where the Franchisee proposes amendments to the Train Plan under paragraph 3.2(a) that would conflict with the requirements of paragraphs 7.5(b) and/or 7.7 of Schedule 1.1. 3.3 Where there are short-notice factors or exceptional factors affecting passenger demand to which the Franchisee reasonably considers that it should respond before it is able to make a proposal to the Authority and each affected Executive in accordance with paragraph 3.1, it may amend the Train Plan prior to the submission of its proposal, but shall notify the Authority and each affected Executive as soon as reasonably practicable afterwards and shall subsequently amend the Train Plan in accordance with the Authority’s response to such amendment. 3.4 The obligation to use all reasonable endeavours to propose amendments to the Train Plan to better match the passenger carrying capacity of the Train Fleet to Target Passenger Demand is an obligation to use all reasonable endeavours to propose amendments which would either: (a) provide for passenger carrying capacity on each Passenger Service that is at least equal to the Target Passenger Demand for that Passenger Service; or (b) provide the best allocation of rolling stock vehicles to Passenger Services that is reasonably practicable so as to: (i) minimise the amount by which Target Passenger Demand exceeds the provision of passenger carrying capacity on the affected Passenger Services; (ii) ensure, so far as is possible, that the excess of Target Passenger Demand is not unduly concentrated on any particular Route or Passenger Service; and (iii) minimise the extent to which passengers are required to stand: (A) on boarding in respect of any Off-Peak Passenger Service; and (B) 20 minutes after boarding (or such other time period as the Authority may stipulate) in respect of any Peak Passenger Service. 3.5 If the Authority does not consider that the Franchisee has exercised all reasonable endeavours to make proposals as required by paragraph 3.1, the Authority may require the Franchisee to amend the Train Plan in accordance with its requirements.

AMENDMENTS TO THE TRAIN PLAN. 3.1 The Franchisee shall use all reasonable endeavours to propose to the Authority and each affected Executive Secretary of State from time to time any amendments that it considers should be made to the Train Plan to better match the passenger carrying capacity of the Train Fleet to Target Passenger Demand, having regard to: (a) any foreseeable differences that there may be between the Timetable and any Plan of the Day; and (b) any material alteration in Target Passenger Demand, subsequent to the issue of the Train Plan, that is: (i) observable from the most recent determination of Actual Passenger Demand in accordance with paragraph 1 of Schedule 1.5 (Information about Passengers); orand/or (ii) attributable to seasonal or exceptional factors; and in so doing the Franchisee shall also identify the extent to which such proposed amendments conflict with the obligations contained in paragraph 7.7 of Schedule 1.1 (Service Development). . 3.2 The Franchisee shall amend the Train Plan in accordance with the Authority’s Secretary of State's response to its proposal. (a) The Franchisee may, subject to complying with the provisions of Schedule 1.1 in respect of the preparation of Train Plans, propose amendments to the Train Plan for the purposes of optimising Passenger Services relative to Target Passenger Demand or for the purposes of achieving improved operational efficiency or performance. The Franchisee shall consult with the Authority and each affected Executive with regard to such proposed amendments. Subject to paragraph 3.2 (b) below the Authority shall permit the Franchisee to amend the Train Plan if it is reasonably satisfied that the proposed amendments are for the purposes of optimising Passenger Services relative to Target Passenger Demand or for the purposes of improving operational efficiency or performance and that the amended Train Plan has been prepared in compliance with the provisions of Schedule 1.1 in respect of the preparation of Train Plans. (b) The provisions of paragraphs 7.10 to 7.17 of Schedule 1.1 will apply where the Franchisee proposes amendments to the Train Plan under paragraph 3.2(a) that would conflict with the requirements of paragraphs 7.5(b) and/or 7.7 of Schedule 1.1. 3.3 Where there are short-notice factors or exceptional factors affecting passenger demand to which the Franchisee reasonably considers that it should respond before it is able to make a proposal to the Authority and each affected Executive Secretary of State in accordance with paragraph 3.1, it may amend the Train Plan prior to the submission of its proposal, but shall notify the Authority and each affected Executive Secretary of State as soon as reasonably practicable afterwards and shall subsequently amend the Train Plan in accordance with the Authority’s Secretary of State's response to such amendment. 3.4 The obligation to use all reasonable endeavours to propose amendments to the Train Plan to better match the passenger carrying capacity of the Train Fleet to Target Passenger Demand is an obligation to use all reasonable endeavours to propose amendments which would either: (a) provide for passenger carrying capacity on each Passenger Service that is at least equal to the Target Passenger Demand for that Passenger Service; or (b) provide the best allocation of rolling stock vehicles to Passenger Services that is reasonably practicable so as to: (i) minimise the amount by which Target Passenger Demand for any Passenger Service exceeds the provision of passenger carrying capacity on the affected such Passenger ServicesService; (ii) ensure, so far as is possible, that the excess of Target Passenger Demand is not unduly concentrated on any particular Route or Passenger Service; and (iii) minimise the extent to which passengers are required to stand: (A) on boarding in respect of any Off-Peak Passenger Service; and (B) for more than 20 minutes after boarding (or such other time period as the Authority Secretary of State may stipulate) in respect of any Peak Passenger Service. 3.5 If the Authority Secretary of State does not consider that the Franchisee has exercised all reasonable endeavours to make proposals as required by paragraph 3.1, the Authority Secretary of State may require the Franchisee to amend the Train Plan in accordance with its his requirements.

AMENDMENTS TO THE TRAIN PLAN. 3.1 The Franchisee shall use all reasonable endeavours to propose to the Authority and each affected Executive Secretary of State from time to time any amendments that it considers should be made to the Train Plan to better match the passenger carrying capacity of the Train Fleet to Target Passenger Demand, having regard to: (a) any foreseeable differences that there may be between the Timetable and any Plan of the Day; and (b) any material alteration in Target Passenger Demand, subsequent to the issue of the Train Plan, that is: (i) observable from the most recent determination of Actual Passenger Demand in accordance with paragraph 1 of Schedule 1.5 (Information about Passengers); orand/or (ii) attributable to seasonal or exceptional factors; and in so doing the Franchisee shall also identify the extent to which such proposed amendments conflict with the obligations contained in paragraph 7.7 of Schedule 1.1 (Service Development). . 3.2 The Franchisee shall amend the Train Plan in accordance with the AuthoritySecretary of State’s response to its proposal. (a) The Franchisee may, subject to complying with the provisions of Schedule 1.1 in respect of the preparation of Train Plans, propose amendments to the Train Plan for the purposes of optimising Passenger Services relative to Target Passenger Demand or for the purposes of achieving improved operational efficiency or performance. The Franchisee shall consult with the Authority and each affected Executive with regard to such proposed amendments. Subject to paragraph 3.2 (b) below the Authority shall permit the Franchisee to amend the Train Plan if it is reasonably satisfied that the proposed amendments are for the purposes of optimising Passenger Services relative to Target Passenger Demand or for the purposes of improving operational efficiency or performance and that the amended Train Plan has been prepared in compliance with the provisions of Schedule 1.1 in respect of the preparation of Train Plans. (b) The provisions of paragraphs 7.10 to 7.17 of Schedule 1.1 will apply where the Franchisee proposes amendments to the Train Plan under paragraph 3.2(a) that would conflict with the requirements of paragraphs 7.5(b) and/or 7.7 of Schedule 1.1. 3.3 Where there are short-notice factors or exceptional factors affecting passenger demand to which the Franchisee reasonably considers that it should respond before it is able to make a proposal to the Authority and each affected Executive Secretary of State in accordance with paragraph 3.1, it may amend the Train Plan prior to the submission of its proposal, but shall notify the Authority and each affected Executive Secretary of State as soon as reasonably practicable afterwards and shall subsequently amend the Train Plan in accordance with the AuthoritySecretary of State’s response to such amendment. 3.4 The obligation to use all reasonable endeavours to propose amendments to the Train Plan to better match the passenger carrying capacity of the Train Fleet to Target Passenger Demand is an obligation to use all reasonable endeavours to propose amendments which would either: (a) provide for passenger carrying capacity on each Passenger Service that is at least equal to the Target Passenger Demand for that Passenger Service; or (b) provide the best allocation of rolling stock vehicles to Passenger Services that is reasonably practicable so as to: (i) minimise the amount by which Target Passenger Demand exceeds the provision of passenger carrying capacity on the affected Passenger Services; (ii) ensure, so far as is possible, that the excess of Target Passenger Demand is not unduly concentrated on any particular Route or Passenger Service; and (iii) minimise the extent to which passengers are required to stand: (A) on boarding in respect of any Off-Peak Passenger Service; and (B) 20 minutes after boarding (or such other time period as the Authority Secretary of State may stipulate) in respect of any Peak Passenger Service. 3.5 If the Authority Secretary of State does not consider that the Franchisee has exercised all reasonable endeavours to make proposals as required by paragraph 3.1, the Authority Secretary of State may require the Franchisee to amend the Train Plan in accordance with its his requirements.