17. Technology for Obtaining the Information referred to in paragraph 15.2
17.1 The technology to be used for the purpose of paragraph 15.2 shall be infrared sensors fitted at external side doors.
17.2 The technology to be used for the purposes of paragraph 15.2 shall be fitted to:
(a) in the case of any brand new rolling stock which is admitted to the Train Fleet, one hundred per cent (100%) of it from the date that such rolling stock is properly admitted; and
(b) in the case of all other rolling stock (except for rolling stock used in connection with the Island Line Services), by 31 March 2022, to every vehicle comprised within no less than thirty-five per cent (35%) of such rolling stock units included in the Train Fleet from time to time in aggregate.
17.3 Without limiting the Secretary of State’s rights under paragraph 15.1 of this Chapter 4.1, the technology specified in paragraph 17.1 above shall be used to provide counts in respect of, in any period of not less than twelve (12) weeks, at least two (2) of each of the Timetabled Services, and each count shall be carried out on each rolling stock unit comprising a particular train. The Operator may only use a method of extrapolation and use extrapolated data to provide a reliable estimate of a full train’s count with the Secretary of State’s prior written approval of the use of extrapolated data and the method of extrapolation (such approval not to be unreasonably withheld or delayed). The Operator shall comply with its obligation under this paragraph 17 from the date(s) such rolling stock is incorporated into the Train Fleet.
17.4 The Parties acknowledge that the information supplied under paragraph 15.1 above, and any product of it created by the RPC Database or the Preliminary Database (as appropriate), may constitute Confidential Information to which Chapter 9.6 (Confidentiality and Data Protection) applies.