Changes to Routeing Guide: introduction of "negative easements"

The request was partially successful.

Glynn Magheramorne

Dear Passengers’ Council,

As you will be aware - as you are legally required to be consulted - the Routeing Guide was updated yesterday.

The heading of Section E, the easements list, used to read:

"Easements are relaxations of Routeing Guide rules to allow journeys that strict adherence to the rules would forbid. Some previously published easements are no longer exceptions to Routeing Guide rules and have therefore been deleted as unnecessary."

Yesterday, the easements list was split in two (the first half now comprising 'positive easements', and the second half comprising 'negative easements') and the heading was changed to read:

"An easement which extends permission is a positive easement. An easement which narrows permission is a negative easement. Map, double-back and fare route easements are always positive. Circuitous route easements are always negative. Other kinds of easements can be positive or negative. A journey which follows a route otherwise permitted by the Routeing Guide may be forbidden by a negative easement."

The explanation of easements in Section F (the 'more information' instructions, which has been frequently amended over the years with no oversight by the DfT), has also been reworded, although there is no change of substance. Section A (the main instructions) has not changed, and still doesn't refer to negative easements.

The ATOC website describes this change as "Changes have been made to Section E - The list of Easements".

This introduction of the concept of a "negative easement" (which is an oxymoron) is extremely damaging and restrictive towards passengers.

Can Passenger Focus please disclose:
1) All correspondence regarding these changes to the wording of the Routeing Guide; presumably you objected to the changes. If you didn't, why not?
2) An explanation of why it is apparently deemed acceptable that passengers must read the list of 'Negative Easements' before undertaking any journey, in case there is one barring their journey
3) Given that you allow passengers rights to be eroded, will you be considering a name change, as "Passenger Focus" suggests that you fight for passengers rights, but under your watch, no additional rights are obtained, only a reduction of rights.

Yours faithfully,

Glynn Magheramorne

Thank you for contacting Passenger Focus, the statutory watchdog
protecting and promoting passengers' interests.

 

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Passenger Team
Passenger Focus
The independent passenger watchdog

t 0300 123 2350

e [1][email address]
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Follow us on Twitter [3]@passengerfocus

 

 

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Eleanor Carter,

2 Attachments

Dear Mr Magheramorne

Freedom of Information Act 2000 - information request

Thank you for your request for information. You may not have specified or
referred to the above Act in your request, but we are treating your
request within its provisions.

The date we received your request was: 13 November 2014
The target date for responding to you is: 11 December 2014
The unique reference number allocated to your request is: PFO-21813-N8X6Y4
I will be your main contact – my contact details are below.

Please see the explanatory notes attached. These are designed to explain
how we will deal with your request and answer any immediate questions.

Thank you for contacting Passenger Focus. 

Kind Regards

Eleanor Carter

Eleanor Carter
Senior Passenger Team Adviser
Passenger Focus ([1]Manchester office)
The independent passenger watchdog

e [2][email address]
t 0300 123 2187
w [3]www.passengerfocus.org.uk
Follow us on Twitter [4]@passengerfocus. You can also call our passenger
contact centre on 0300 123 2350 (open 8am - 8pm Monday - Friday and 8am -
4pm at weekends).

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Eleanor Carter,

4 Attachments

Dear Mr Magheramorne

 

Freedom of Information Act 2000 - information request

Our reference: PFO-21813-N8X6Y4

 

Your request for information has now been considered and the information
requested is attached regards “Can Passenger Focus please disclose:

1) All correspondence regarding these changes to the wording of the
Routeing Guide; presumably you objected to the changes. If you didn't, why
not?
2) An explanation of why it is apparently deemed acceptable that
passengers must read the list of 'Negative Easements' before undertaking
any journey, in case there is one barring their journey
3) Given that you allow passengers rights to be eroded, will you be
considering a name change, as "Passenger Focus" suggests that you fight
for passengers rights, but under your watch, no additional rights are
obtained, only a reduction of rights.”

 

In response to your queries;

 

Passenger Focus was not consulted about any changes of wording to the
Routeing Guide. We were notified of the changes made.

 

The Department for Transport usually only require ATOC to consult where
they wish to remove a previously permitted routeing. However, if a change
is being made because of an error (e.g. the normal routeing rules should
have not permitted a particular journey but the map combinations
inadvertently did), then they would not require consultation. ATOC
considered that there was such an error in the map sequences for these
journeys and that was the basis of their implementing the change without
having consulted Passenger Focus.

 

Passengers are not obliged to read negative (or positive) easements, if
they can check the validity of the ticket through the National Rail
Enquiries website which takes all easements into account.

 

Positive easements are additional benefits which operators introduce to
permit, for instance, use of routes or specific trains which would
otherwise be prohibited. We welcome these. When responding, we consider
the circumstances which caused the easement to be introduced in the first
place and whether current conditions have changed to the extent that the
easement is no longer suitable or relevant. In cases where we believe that
passengers would suffer hardship if the easement were withdrawn, we
disagree with the proposal. We did so recently in the case of the easement
permitting journeys between Manchester and Leyland via Preston. We did not
in the case of journeys from London to Liverpool via Manchester as the
basis of that easement (significant engineering work on the West Coast
Main Line) no longer applies.

 

We are always conscious that the use of easements is in the gift of the
industry. If easements, once introduced, can never be rescinded, the
industry may well become reluctant to grant them in the first place –
which does not serve passengers’ interests.  

 

Passenger Focus does not have the legal power to veto easement changes nor
does it have the power to require creation of easements. Such matters lie
with the Department for Transport and the train operators.

 

We agree that the term “negative easements” is somewhat counterintuitive
but the meaning of the term is explained in the Routeing Guide. It is
certainly clearer than was previously the case. The effects of “negative
easements” are not a new phenomenon.

 

Our understanding is that no changes have taken place – rather that the
information has been explained differently.

 

If you have any queries, please contact me.

 

Further information about the Freedom of Information Act is available from
the Information Commissioner at:

 

Wycliffe House

Water Lane

Wilmslow

Cheshire, SK9 5AF.

Telephone: 0303 123 1113

[1]www.ico.gov.uk

 

In the event that you are not satisfied with this response, please refer
to the attached ‘could we have done better?’ leaflet.

 

Thank you for contacting Passenger Focus.

 

Kind Regards

Eleanor

 

From: Eleanor Carter
Sent: 21 November 2014 10:52
To: '[FOI #239167 email]'
Subject: Passenger Focus - Our reference: PFO-21813-N8X6Y4

 

Dear Mr Magheramorne

Freedom of Information Act 2000 - information request

Thank you for your request for information. You may not have specified or
referred to the above Act in your request, but we are treating your
request within its provisions.

The date we received your request was: 13 November 2014
The target date for responding to you is: 11 December 2014
The unique reference number allocated to your request is: PFO-21813-N8X6Y4
I will be your main contact – my contact details are below.

Please see the explanatory notes attached. These are designed to explain
how we will deal with your request and answer any immediate questions.

Thank you for contacting Passenger Focus. 

Kind Regards

Eleanor Carter

Eleanor Carter
Senior Passenger Team Adviser
Passenger Focus ([2]Manchester office)
The independent passenger watchdog

e [3][email address]
t 0300 123 2187
w [4]www.passengerfocus.org.uk
Follow us on Twitter [5]@passengerfocus. You can also call our passenger
contact centre on 0300 123 2350 (open 8am - 8pm Monday - Friday and 8am -
4pm at weekends).

[6]IIP_LOGO_SMALL_BLUE_300DPI_CMYK

The contents of this email and any attachments are confidential and may be
privileged. If you are not the intended recipient, any disclosure, copy or
distribution is strictly prohibited. Please notify the sender immediately
by return email and delete any message and attachments.

 

______________________________________________________________________
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For more information please visit http://www.symanteccloud.com
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References

Visible links
1. http://www.ico.gov.uk/
2. http://www.passengerfocus.org.uk/contact...
3. mailto:[email address]
4. http://www.passengerfocus.org.ukfollow/
5. http://twitter.com/#!/PassengerFocus