Chapter II - Information and Tickets
Chapter VI - Persons with Reduced Mobility
Chapter VII - Quality and Security of service
Introduction
The European Commission proposes the opening of the market of international rail passengers transport in 2010, to allow licensed railway undertakings that have the necessary security certificates to operate international services in the Community. This is being developed since 2002. To that effect, two proposals of regulations have been developed until now, leading finally to what is called "Third Rail Transport Package" presented on 3rd March 2004.
Its aim is to create some realistic financial conditions for the development of these services and it intends to look at the possibility to let passengers on and off during an international journey, even between two railway stations in a same Member State.
At the same time, the European Commission suggests to carry on with the reform of the rail sector by opening the international passengers transports to the competence of the European Union. It has also the objective of completing the integration of the European rail space and put new energy into a means of transport which is more useful than ever. Equally, the Commission suggests the establishment of a system of certification for engine drivers and the improvement of the quality of merchandise rail transport, as well as the strengthening of the rights of international passengers. To that effect, the idea is to reflect minimum or standard measures on aspects such as the type of information that passengers will have to receive before, during and after their journey, setting measures in case of delays or cancellations, assistance to passengers with reduced mobility and setting-up a quality system.
For all these reasons, this European Institution has presented a new series of measures of revitalisation of the rail sector according to the orientations of the White Paper "European transport policy for 2010 : Time to decide".
In this document, we will try to reflect the various comments or suggestions only to some of the articles that appear in the mentioned draft regulation, as they are concretely the only ones that are being debated at this time :
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Chapter II - Information and Tickets
Article 3 - Travel information
Original Text
Railway undertakings and/or tour operators shall provide to the passenger at least the information, set out in Annex I.
The pre journey information, set out in Annex I, shall be provided for services offered also by other railway undertakings.
Information shall be provided in the most appropriate format.
Comments made by ONCE
This article only mentions the need for information to be given to passengers, to be in the most appropriate format. Nevertheless, we believe that it should be necessary to explain that this information should be available in an accessible format for those persons who have special needs.
This information should be available with enough time in advance to allow the passengers to plan their journey.
We also understand that it would be very useful that the accessibility of the information should be extended also during the journey.
Article 9 - Other luggage
Original Text
The railway undertaking shall be liable for damage sustained in the case of total or partial destruction or loss of, or damage to, luggage upon condition that the event that caused the destruction, loss or damage took place when the luggage was under the responsibility of the railway undertaking.
Comments made by ONCE
With relation to this article, we believe that it should be taken into account all those mobility instruments (wheelchairs, canes, etc.) used by persons with reduced mobility and which may be affected by some of the circumstances expressed in the text of this article.
Article 17 - Assistance
Original Text
1. In case of a delay, a delay leading to a missed connection or a cancellation of service, passengers shall be kept informed about the situation and the estimated departure time and estimated arrival time by the railway undertaking or by the station operator not later than ten minutes after the planned departure time or after the interruption of service.
2. In case of a delay, a delay leading to a missed connection or a cancellation of service, passengers shall be offered free of charge:
(a) meals and refreshments in a reasonable relation to the waiting time,; and/or
(b) hotel accommodation in cases where a stay of one or more nights becomes necessary or an additional stay becomes necessary; and/or
(c) transport between the railway station and place of accommodation (hotel or other).
(d) transport between the railway station or the train if it is blocked on the track and the final destination of the service or the place of departure of an alternate transport means.
3. Railway undertakings shall, at the request of the passenger, certify on the ticket that the rail service has suffered a delay, lead to a missed connection or that it has been cancelled.
4. In applying paragraphs 1 and 2, the operating railway undertaking shall pay particular attention to the needs of passengers with reduced mobility and any accompanying persons, as well as to the needs of unaccompanied children.
Comments made by ONCE
We understand that in this case, it is crucial that all the services made available to the passengers and which are a consequence of a possible delay or cancellation of a journey, should be accessible to all those groups presenting some type of special needs, with a guarantee of their correct performance.
Furthermore, all the persons that may present some special needs should be guaranteed to be assisted or accompanied to allow them to move with sufficient autonomy. In this sense, the possibility should be anticipated for those persons who request it due to this special situation (reduced mobility, massive disability, etc.) to have at their disposal a person to accompany them during the whole journey, with no additional cost.
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Chapter VI - Persons with Reduced Mobility
Article 27 - Prevention of refusal of transport
Original Text
A railway undertaking and/or a tour operator shall not refuse, on the grounds of reduced mobility, to issue a ticket and reservation for an international service departing from a main railway station.
Comments made by ONCE
We understand that the refusal mentioned in this article must not be limited exclusively to the fact of issuing a ticket but that it should be much wider. Concretely, this refusal must be based on the need to prevent the possibility to refuse the access to this means of transport to all those persons with reduced mobility but also to those passengers who decide to travel with a guide-dog or with assistance, due to their disability.
Furthermore, this refusal should be extended to any railway station, main one or not.
Article 28 - Assistance at railway station
Original text
1. On departure from, transit through or arrival at a railway station of a person with reduced mobility on an international journey, the station manager shall provide assistance in such a way that the person is able to board the departing service, to change to the corresponding service or to disembark from the arriving service for which he or she purchased a ticket.
2. The assistance referred to in paragraph 1 is provided on condition that notification is made of the person's need for such assistance to the railway undertaking and/or tour operator with which the ticket was purchased, at least 24 hours before the assistance is needed.
3. If no notification is made in accordance with paragraph 1, the station manager of the departure station, transit station or arrival station shall make all reasonable efforts to provide assistance in such a way that the person with reduced mobility on an international journey is able to board the departing service; to change to the corresponding service or to disembark from the arriving service for which he has purchased a ticket.
Comments made by ONCE
We understand that this assistance must be present in all the cases, whether or not a notification is given, with the guarantee that this service is offered with an adequate level of quality.
This fact does not prevent passengers to communicate or notify their needs with enough time in advance in order for them to be covered in the best possible manner.
At the same time, all the information offered regarding this assistance, will be given an on individual basis, with the guarantee of the accessibility for the persons with special needs.
Article 29 - Assistance at railway stations
Original Text
1. The station manager shall be responsible for the provision of the assistance to persons with reduced mobility.
2. The station manager shall designate points, within and outside the railway station, at which persons with reduced mobility can announce their arrival at the railway station and, if need be, request assistance.
Comments made by ONCE
To that effect, we understand that the responsibility of the Assistance at the railway station must not be the exclusivity of the station manager, but rather it should be a centralised service, which will have to be operated whenever necessary, taking into account that it should not alter the efficiency of the service.
Furthermore, this service will be offered, when requested, taking into account at all times the specific needs of disability.
For all these reasons, we believe that it may be very useful that everyone directly or indirectly related to these services should receive an adequate training on disability, in order for them to understand much better the types of needs that they may meet, as these needs may vary a lot depending on the type of disability. For example, it may be very useful to use bright colours, tactile signs that may be perfectly distinguished, or contrasts, elimination of architectural barriers, etc, very useful for persons with vision problems or reduced mobility.
Article 30 - Assistance on board
Original Text
A railway undertaking and/or a tour operator shall provide to a person with reduced mobility the assistance on board of a train and during boarding and disembarking from a train, if that person respects the conditions set out in Article 28 (2).
Comments made by ONCE
We understand that the assistance on board should not be limited only to the cases where there has been a 24 hours notification, since, as it has been said before, this assistance should be given in all cases with or without notification and according to some adequate levels of quality.
Article 31 - Notification of need for assistance
Original Text
1. Railway undertakings and tour operators shall take all measures necessary for the reception, at all points of sale, of notifications of the need for assistance by persons with reduced mobility.
2. Railway undertakings and/or tour operators shall communicate the notification 24 hours in advance to allow the provision of assistance according to Article 28(1) to the managing bodies of the railway stations of departure, of transit or arrival.
3. Immediately after the departure of a national or international service, the railway undertaking shall inform the station manager of the railway station of transit and arrival of the number of persons with reduced mobility requiring assistance and the nature of that assistance.
Comments made by ONCE
According to what has been discussed in previous articles, no notification for the specific needs will be required under any type of early warning, as, in that respect, they will have to be guaranteed from the moment the person concerned gives the notification.
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Chapter VII - Quality and Security of service
Article 33 - Service Quality standards
Original Text
1. Railway undertakings shall define service quality standards for international services and implement a quality management system to maintain the service quality. The service quality standards shall at least cover the items listed in Annex IV.
2. Railway undertakings shall monitor their own performance as reflected in the service quality standards. Railway undertakings shall publish each year a report on their service quality performance together with their annual report. These results shall also be published on the internet website of the railway undertakings.
Comments made by ONCE
To that effect, we understand that the levels of quality that are mentioned should contain aspects such as the accessibility to information provided before, during and after the journey and the facilities of the trains and stations facilities.
On the other hand, we understand that the reports related to quality of service given by railway undertakings, should not be published by the railways themselves, but that they should be independent.
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