The ORR have set out their interpretation unambiguously that it's not compliant. That's obviously the interpretation taken by other operators such as CrossCountry, who have gone on record quite freely to say they wouldn't do this.
Cross Country do it, as do almost all operators. TPE have been doing it more than most recently, but it is very common practice, and has been for 25 years plus.
So the question is I guess why is your interpretation, and the presumed interpretation of TPE and as was FCC, so different?
It’s not an interpretation. The code is very clear that you can change the plan of the day, for any reason, up to 2200 the previous day. There is currently no method in industry performance systems of identifying why those changes have been made - perhaps there should be, but there isn’t right now. Neither is there any systematic way of notifying cancelled trains in systems before the day of operation.
Furthermore, they want changes to the reporting process to prevent TPE and others from pulling the wool over the eyes of the public by reporting on all cancellations for resource unavailability together with any cancellations made on the day.
But why just traincrew resource availability? What about cancellations caused by there being no signaller avaialble - there’s been lots of examples recently. Or what about shortage of resource on engineering works, that triggers an overrun, which causes P coded cancellations? That happens all the time, big example at Christmas.
Are we really saying “we want passengers to know what the real cancellation rate is, but only for cancellations caused by traincrew” ? Or put another way “cancellations made the day before don’t matter unless they are caused by traincrew”. Seems inconsistent to me.
As I've said before, it's incredible that you currently have better passenger rights flying with Ryanair than travelling on the railway.
Tell that to anyone on a Ryanair flight arriving 2h30 late.