West Coast Ralway’s claim for a review of the ORR’s refusal to grant it further exemption from the Railway Safety Regulations 1999 has been dismissed.
Without such an exemption, the company cannot operate hinged door carriages on the main line unless central door locking is in place.
The hearing took place at the High Court of Justice in December, and the judgement concludes that the ORR’s decision not to grant an exemption was lawful.
The Court’s judgment does not mean a suspension of services nor does it prevent them operating charters on the mainline.
WCRC says it remains committed to working with the ORR to find a long term solution to secure its heritage services on the main line.
Options are now being looked at, such as an appeal, and a new exemption application
WCRC has been using an exemption since 2005, with CDL systems likely to cost in the region of £7m.
James Shuttleworth, Commercial Manager, WCR, said: “We are disappointed by the High Court’s judgment. We have decades of experience of operating on the main line and safety has always been, and remains, our top priority.
“We will now reflect and consider options to enable us to continue running safe services enjoyed by so many visitors from the UK and around the world, upon which local businesses along our routes rely.
“We are committed to working with the ORR to find a long-term solution which safeguards the future of heritage services on the main line.
“Our operational experience tells us that our safety measures: a steward for every four doors, with secondary locks and monitoring, a train manager and a guard, guarantee the safety of our passengers and colleagues.
“The ORR’s decision to revoke our exemption would require us to install a modern safety system on carriages from a different era. The estimated cost of £7m would be an extraordinary investment and would present a significant financial challenge for WCR.”
“Fulfilling our commitments to customers and the businesses that depend on our operations is paramount for us. Our Jacobite service alone boosts the local economies of Mallaig and Fort William, bringing an estimated £20 million into the UK’s tourism sector. If WCR’s exemption to operate on the main line is revoked permanently, this would lead to £50 million in lost value to both local and national communities.
“That is why it is essential that we explore all options to protect our operations on the main line, whether through an appeal or other measures.”
I believe Locomotive Services have fitted CDL to all their stock at a cost of £600,000, which they have had to pass on to customers, putting them at a competitive disadvantage. West Coast seem to have been relying on continuing exemptions and now the chickens have come home to roost. They could have been fitting CDL since 2005 and spread the cost over 18 years.
Why not just fit an electric magnetic lock to each door
Operation of which can be carried out by the guard
Cost approximately 20.00 per door
3 core cable and 24 volt battery
This could be invisible to the general public.
“Just” a term used by so many with so little understanding of the engineering change process for mainline operation…
Why not simply ban all dirty, smelly, poluting steam engines from running as well. And all diesels for that matter. Oh ! And fence off both sides of every railway line in the country. Build footbridges and road bridges so as to close all level crossings. In fact, why don’t we simply all stay home with doors locked and curtains closed. After all, none of us have any common sense.
I recall whist travelling to my RAF base in the 80s when slam doors were the only option the train had to be checked as a door became partially open, so the guard had to investigate, causing a delay. It is not just about looks and authenticity the Rail network now operates on tighter timetables and CDL helps towards that goal, plus we are guests on the network. Finally the tube network has had CDL in operation when MK1s were new!
Yes I agree WCR should have started the process many years ago and if their competitors have done it they should do it as well. What has not been taken into account it seems by the ORR is the type of passenger that travels on these trains. They are the well behaved often with rail knowledge well aware of the risks of opening doors on the move and not your average member of the public of the less responsible kind. Ok before someone says it The Jacobite carries children so make that a CDL train. The onesize fits all approach to near nil safety risk costs the national network millions more than it needs to .Just look at its refusal to extend 3rd rail less than a mile on Merseyrail to a new terminus resulting in big extra costs and more energy consuming part battery trains being necessary and refusal in the south to allow electrification of the Uckfield line with compatible 3rd rail leaving an isolated diesel operated line as just ridiculous. It makes you wonder whether there is an additional invisible layer of safety applying, the safety of senior employees civil service pensions no matter what the cost to the railways and the taxpayer.
OK, well if the coaching stock needs to be brought into line with the latest safety regulations – why can this work not be funded from a lottery grant ?
The SDL project for InterCity coaching stock started c.30 years ago with rollout to the full fleet following in short order, at least in railway terms. The specific exemption may be ‘only’ 18-years old, but the direction of travel has been clear for much longer. Add the MkI factor to the mix – we rid ourselves of these vehicles in regular service pushing 20-years ago – and it’s remarkable that this situation still persists.
Because the government has its fingers in the pie
The ruling was always going to be in the orr ‘s favour. West coast should now bite the bullet and get on and fit cdl before the rail tour season starts in ernest. Yes not all carriages are going to be fitted in the time that’s available but a start could be made.
West Coast Railways have had absolutely years to make the carriages compliant with regulations. The company chooses to waste money on appeals rather than ensure safety of their passengers.
The carriages are not compliant with modern crash worthiness specifications, perhaps their licence to operate should be revoked !
I wish the ORR put as much effort into fighting for accessibility on these services. Heritage railways have had accessible carriages for years, yet WCR still have no wheelchair access at all on any of their services, including the Jacobite.
Well said! This should have taken precedence as a legal requirement before CDL. Disabled people forgotten about as usual.
People can blame the company all they want, at the end of the day its yet another freedom taken away from responsible people for the sake of health and safety. The government are to blame for putting an all covering blanket on a safety issue which should an issue arise be treated on a case by case basis. Why should companies providing a service be blamed for stupidity on a customers part. Fine if it’s a mechanical failure or fault of a system not working but people who take risks should take responsibility for their own actions and stop always looking for a payout.
When you cater for stupid, you end up with a society of entitled babies and I’m a lefty saying this.
It’s a shame but if WCR can’t fit secondary door looks as it cost to much as other people have said they had since 2005 to comply then what do they expect 🤔 let someone else take on the tour’s if they don’t want to fit the doors.
Sorry ‘freedom’ is not at issue here. Everyone else did it. A sensible fitting to ensure no excuses used to end wonderful mainline steam. West Coast coaches often filthy condition, lavs that don’t work etc. Remember tour no heating, no lights at X-Mass behind a Black 5,.A disgrace.. ‘I’ll do it MY b way, paint it MY way’ culture all v fine but just does not work that way. NR the gatekeepers and ORR. They have form on safety…one death and that’s it!
Did you actually bother to read the judgment – I doubt it looking at what you have said?
Previous incidents relating to SPADs prove that WC Railways play fast and loose with the rules to suit them. Boohoo it’s going to cost £7m to fit…. It’s not like they won’t make that back over 10 years in charters… Especially if (which I know) just to hire a charter from WCR is about £28 – £30k and say costs of £10,000 for staffing and stock (food) they still make £18 – £20k a time.. it’s not like their poor… But the “it’ll make us poor” excuse is purely based on they would rather pay their shareholders first rather than safety..
7M seems to be an extraordinarily large amount.Makes me question the accuracy of such an estimate, in my opinion, I think that’s an exaggeration.
Stupid ruling. If people like the ORR had their way in modern life we’d have barriers alongside every road in the country. You’ve got to draw the line somewhere on expensive and unnecessary health and safety tosh. People need to take responsibility for themselves and if they’re not bright enough to avoid falling out of a moving train then alas.
I am not aware of any accidents involving the slam carriage doors. I believe that the health and safety jobsworths are creating a problem that does not exist!
all airlines have manual doors! Do not see passengers routinely opening them at 35000ft do we? Nobody falls out of them despite only one big handle separating inside from outside.
Thats due to intelligent people having common sense, something sadly lacking in todays health and safety obsessed culture! and why £7million when wifi secure OT locks cost about £70 for decent ones like used in industry?
This is a bit of a silly argument in that the pressure difference will make opening the plane’s doo impossible, mid air.
all the money spent of fitting this case could have been better spent on fitting CDL to the fleet. if WCR had been able to demonstrate if was complying with ORR but need more time to complete the task. I think ORR would have more than likely to allow time. but this CDL issue has been going on for 18 years. and as far as I’m aware WCR have not even got a prototype solution on any of it fleets of vehicles.
I am sorry that the high court has done what it has. but at the same time it has rightly said the ORR makes the rules and that WCR needs to comply. so instead of spending on legal council and court cost. time and manpower could be better spent on the working fleet.
WCR has had an exemption since 2005 so (a) they have had 18 years to address this and (b) they must have known that the exemption could have been revoked. Other companies have complied, so why hasn’t WCR? Sorry, they’ve only got themselves to blame for an avoidable situation entirely of their own making.
WCR’s intransigence has at long last come to end. Central door locking on heritage slam-door carriages is crucial for two key reasons: passenger safety and operational efficiency. Firstly, it prevents doors from opening prematurely at platforms too short for the carriage, avoiding potential falls and injuries. This feature, while seemingly modern, enhances the safety and functionality of these historic carriages, ensuring their continued safe and efficient operation. Unfortunately, passengers are not to be trusted and the use of stewards is far from fool proof. It was inevitable that WCR would need to change its modus operandi.
Chris Phillips is incorrect. There were repeated instances of passengers mysteriously falling out of trains on the ECML in the days of steam.
To open the door on a Mk 1 carriage, you have to lower the window, reach for the outside door handle and turn this. I really can’t see how this can ever be an “accident” (unless the passenger is terminally stupid), so it does look to me that, if there were indeed “repeated instances of passengers mysteriously falling out of trains” then these must have been suicides.
Other train operating companies, who unlike WCRC don’t have a large fleet of coaching stock have done the work to install CDL.
WCRC do have the money to get the work done, they are just being bone idle lazy.
A letter in the latest edition of Steam Railway, says Mk1 coaches should Not be used on the mainline.
Yes, for WCR to continue talking with the ORR is certainly essential to see if some sort of compromise is possible.
But for this to work, the ORR must surely show some flexibility and stop insisting that central door locking is the only acceptable solution.
To the best of my knowledge, passengers falling out of carriage doors was never known for the many years that trains operated safely with carriages not fitted with central locking, so why does the ORR now consider it to be so dangerous?
You are wrong Chris. In the days of steam, there were frequent occasions when passengers mysteriously fell from open doors on ECMLtrains
If WCRC has had an exemption since 2005, then (a) they’ve had 18 years to address this issue and (b) they must have known that it was possible for the exemption to be revoked. Other companies have complied, why not WCRC? An entirely avoidable matter of WCRC’s own making.
Plenty of instances of falling from slam-door stock on WCML. So much so that the locals used to refer to the Trent Valley line as the Tamworth Triangle. Five passengers reportedly fell to their deaths there in 1990 alone.
No great sunrise there. Best to talk always. ‘I am b doing it MY way’ does not work if NR has the keys. Had since 2005 to sort, like everyone else.