[Article] New European rules on rail refunds/compensation

[ThomasJ]

This is old news, just though you might be interested

http://www.breakingnews.ie/archives/...u&d=2007-09-25

Originally Posted by Breaking News 25-09-2007

Train passengers will get compensation for delays or cancellations under new rules approved by Euro-MPs today.

The cashback deal forces railway companies to refund 25% of the ticket price for delays exceeding one hour and 50% for trains more than two hours behind schedule – but only if the operator can be held responsible for the hold-up.

That means severe rail disruption of the kind triggered by the storms which swept parts of the UK in the last few days would almost certainly not leave rail companies facing huge claims.

But delays caused by “the wrong sort of leaves” on the tracks could prompt passengers to press for their money back.

The agreement comes into force in November 2009, and was only intended to apply to cross-border train services in the European Union.

But EU governments and the European Commission partly backed down after months of wrangling with Euro-MPs who demanded new rail passenger rights on domestic rail journeys too.

The final compromise still allows national authorities to apply to the Commission to be exempted from the compensation rules for up to fifteen years, but one EU official warned: “Any government applying for such an exemption would have to come up with a good reason which would justify it”.

Where the compensation rules are applied, they would only affect “long-distance” domestic routes – with national authorities deciding what constitutes long-distance.

The rules will not apply to urban, suburban or regional routes.

Nor will new requirements on rail companies to provide disabled access, including making arrangements to help them at unmanned railway stations, and making it compulsory to provide specially-designated areas on board with room enough for bikes, wheelchairs, prams and sports equipment.

But the right of rail passengers to take a bicycle on a train will be left up to national governments to decide.

Fine Gael MEP Jim Higgins urged the Irish government not to seek an exemption for national rail travel: “It is very important that these rules are applied to national train journeys in Ireland and I would call on the government not to opt out of the passenger rights provisions.”

British Labour Euro-MP Robert Evans commented: “When this regulation comes into force railway companies won’t get away with treating their customers poorly anymore.

“This agreement is another step in our plans to put consumers first and extend passenger rights to all transport sectors.”

Today’s agreement is part of a wider package of measures to open up competition in rail market across Europe, and establish new standards for train crews, including a European licence for train drivers.

From 2009, all drivers will have to hold a certificate stating that they meet minimum EU-wide requirements for medical fitness, basic education and professional skills.

Belgian Liberal MEP Dirk Sterckx said getting the deal had been “arduous”, adding: “The fact that it was so difficult to persuade all member states to grant basic rights to rail passengers shows how poorly railway authorities treat their customers nowadays.”

British Government officials said it was too early to say whether the UK would seek any exemptions from the requirement on rail companies to offer compensation for delays when the law comes into force.

[Thomas Ralph]

Again, won't apply to anything other than the Enterprise this side of 2015.

[Mark Gleeson]

Yes but the DoT has to apply for the exemption and produce a case

Now in the UK they are nearly 100% up to speed with the rules so they are likely to get an exemption on the basis of an existing rules and regulation are similar if not better

IE haven't a leg to stand on and remember we will FOI everything. Remember we have the most modern network in Europe, lowest average train age etc etc the DoT can't in good faith use the classic investment in progress excuse

[Thomas Ralph]

I'm sure they'll just ensure the pertinent documents are filed in IÉ's system and not the DOT's, where FOI can't get them.

[Mark Gleeson]

Yes but it is the DOT who file the exemption not IE so it is all under FOI, even the letters IE send to beg for the exemption

[Mark Gleeson]

The legislation offically went live yesterday

http://eur-lex.europa.eu/JOHtml.do?u...15:SOM:EN:HTML

Though there is a grace period of 18 months before the fun begins

[Aphfaneire]

In Laeman's terms, how does this affect us in any way?

[James Shields]

In layman's terms, the new rules means that if your train is late, you have the right to demand a cash refund instead of useless vouchers.

[Colm Donoghue]

but not for a long while - 18 months or so.
unless Irish Rail and Fianna Fail decide to opt for a derogation when it may be lots longer.

[Mark Gleeson]

As Colm guessed the Irish government have optted out, got a call from Brussels this evening

[Colm Moore]

Any idea on the details?

[Mark Gleeson]

Everything they could opt out of they did.

Examiner will run the story tomorrow.

[Mark Gleeson]

As promised

Government criticised for opting out on rights for rail passengers
By Ann Cahill Europe Correspondent
Friday, December 04, 2009

THE Government has been slammed for getting Iarnród Éireann a five-year exemption from new EU rules which give passengers compensation for late trains and lost luggage, better rights for disabled passengers and recourse to an independent complaints body.

Lobby group Rail Users Ireland are highly critical of the exemption and said it showed that Transport Minister Noel Dempsey has little regard for the thousands of passengers that rely on trains.

"The Department of Transport has no interest in protecting the rights of passengers – they let Iarnród Éireann do whatever they want," said Mark Gleeson of Rail Users Ireland.

The state-owned company wasexempted because they pleaded they could not afford to observe the new rules – an excuse Fine Gael MEP Jim Higgins described as "pathetic".

"Anybody like myself that has had to stand on over-crowded and delayed trains from Dublin to Athlone and other parts of the country knows that Iarnród Éireann needs to adopt these standards. It’s plain stupid to let them off the hook," he said.

The kind of rights they will not have to observe are: full information in public on your rights; 25% of the ticket price refunded in cash if trains are delayed for between one and two hours; 50% compensation for a two-hour or more delay; free meals and refreshments after a 60-minute delay; alternative transport provided; assistance for disabled passengers; Up to €1,285 per piece of luggage lost or damaged; in case of death €21,000 initial payment; independent complaints body.

At the moment Iarnród Éireann compensates 100% the cost of a train ticket for a two-hour delay, but only as a voucher and not in cash.

"It’s getting more difficult to use the voucher as so many of the 130 stations have no facilities anymore and machines are often not working," said Mr Gleeson.

But the cross-border train service to Belfast cannot be exempted under EU rules, and he hopes that this will force the company to extend the new rules throughout the rest of the country quickly. "You can buy a ticket from anywhere in the country to Belfast, so I don’t understand how they can apply one set of rules to part of the journey and not to the rest," said Mr Gleeson.

Under the opt-out negotiated by the Government from the EU rules, they can apply the exemption for a total of 15 years, and request a permanent derogation for urban, suburban and regional services. The Department of Transport said it could be for less than five years, however.

In the meantime passengers throughout most of the rest of Europe will be able to avail of the same rights as those travelling by air. Transport Commissioner Antonio Tajani said the next step will be to protect those travelling by water, bus and coach


Read more: http://www.examiner.ie/ireland/gover...#ixzz0YiHU3iVp

© Examiner 2009

[Colm Moore]

full information in public on your rights; - low cost, real issue is giving a damn about the passenger.

25% of the ticket price refunded in cash if trains are delayed for between one and two hours; 50% compensation for a two-hour or more delay; - a cost, but it might also drive the operational side to be more efficient and importantly for a railway, time-conscious.

free meals and refreshments after a 60-minute delay; - not as expensive as one would think. Staff is the real cost in providing catering and seeing as the staff are stuck there being paid anyway ...

alternative transport provided; - oh come on, are they saying they'll leave people stranded?

assistance for disabled passengers; - this shouldn't be a problem at manned stations and there is only a requirement under the directive to have an accessible station something like every 30km.

Up to €1,285 per piece of luggage lost or damaged; - this would be lost or damaged from the left luggage office?

in case of death €21,000 initial payment; - in a typical year, will cost very little.

independent complaints body. - this will only cost money if given power. We're not even going to have a proto-complaints body

[Mark Gleeson]

While Irish Rail think they have escaped they are in breech of the limited portion of the regulation in force, photos taken and letter being written.

The Department of Transport did not implement the opt out in a fair and transparent manner, so again they are in trouble