Eight MPs have signed a letter to Huw Merriman MP to support West Coast Railways in beginning its Jacobite season in Scotland.
The Jacobite has run for more than 30 years, 20 of which have been operated using an exemption surrounding the rules on central door locking.
To operate the 2024 programme of tours, West Coast Railways has submitted a long-term exemption application alongside a temporary exemption that would have started in March.
However, the ORR is yet to grant a temporary exemption and has meant that The Jacobite season has had to be suspended, impacting the local economy.
The eight MPs that have signed the letter are David Morris MP (Morecambe and Lunesdale), Tim Farron MP (Westmoreland and Lonsdale), Sarah Dines MP (Derbyshire Dales), Jamie Stone MP (Caithness, Sutherland and Easter Ross), James Wild MP (North West Norfolk), Rt Hon Sir Graham Brady (Altrincham and Sale West), Robbie Moore MP (Keighley) and Cat Smith MP (Lancaster and Fleetwood).
The MPs have highlighted:
- The ORR's policies allow for exemptions to fitting CDL to heritage carriages
- The ORR should consider, with an open mind, WCRC's application
- Other operators run carriages without central door locking, so there should be no safety reason to justify the refusal of the temporary exemption
- The ORR's approach ‘should not be clouded by the fact that WCR has not to date made an application to fit CDL.'
The letter asks the Minister to engage with the ORR, asserting: ‘Regulators have enormous powers which, if exercised unreasonably, have the capacity to bring businesses they regulate to a quick end. It is for that reason they are politically accountable – it is a vital democratic safeguard.'
Thousands have already signed a petition, started by a Mallaig business owner, aimed at trying to get the Jacobite back on track. You can find out more information on the petition by clicking here.
“We are grateful to the MPs for voicing their concerns. The points in the letter concern the fairness of the regulator's approach to us, which has been wholly overlooked. Our priority is to get a temporary exemption in place as soon as possible to minimise potential disruption to our programme and our customers.
The Jacobite service is enjoyed by thousands of people from across the world every year. It brings a huge boost to the local economy in western Scotland, as well as to UK tourism overall.
“We remain committed to working with the ORR to find a long-term solution which safeguards the future of heritage services on the main line and again appeal to it to reconsider our request for a temporary exemption.”
James Shuttleworth, Commercial Manager, WCR
West Coast just need to bite the bullet and get on and fit the CDL. Their competitors such as Locomotive Services have done and they are rightly cheesed off that WCR contiually get exemptions. Makes a mockery of the rules.
WCR have consistently shown that they flaunt the rules. The brinksmanship of taking a non CDL set of coaches to FW is laughable. Why should they have an exemption when they have made zero attempt to comply with regulations that came into force 25 years ago. All companies in any industry have to comply with some sort of regulation, it’s a cost of doing business and one they have had ample time to budget and prepare for. If they wanted to run the service then they could hire in a CDL fitted rake.
As a boat skipper, I know the owners of our passenger boats face constant new rules, we have to comply, or we do not operate. If we had constantly tried t avoid changes, like WRC is, we would not be operating today. It is far easier to make an argument against a rule, if you are seen to comply you can apply for exemptions retrospectively.
At the moment Litchurch Lane in Derby is extremely short of work. It would make a little sense for WCR to try and negotiate a deal to fit cdl which would help both companies thru a sticky patch.
It is not the ORRs fault that the Scottish economy in this area is now in danger. It is WCRs fault. They wanted more money so, when the ORR announced this and other operators put up prices in order to pay for this, WCR did nothing. Then they go to court and claim its too expensive to do?
WCR should have complied, but if I was the ORR I’d give them a temporary exemption. They operate ONLY the Jacobite so long as;
– there are qualified people supervising the doors and windows
– services should not run more than 25mph with passengers on board
– the ORR must make monthy inspections to see these are being carried out. If not the exemption is withdrawn
This could be just for this season. The ORR must then try to work with WCR (which it has done but WCR doesnt) to try to find a way to fit all coaches with CDL.
Some may say I have sympathy to WCR by saying the ORR should grant them am exemption. Well I don’t. The people i have symapthy for are the business owners that rely on the Jacobite for tourist trade, the support crews and staff that work the Jacobite. Also I feel sorry for the staff at West Coast that have been put in a situation where they cannot run trains, only using West Coasts only airbraked loco 34067 Tangmere and some I.Riley Engineering Co. Black 5s and 1 CDL fitted mk2 coach rake.
WCR management should have put steps in to prepare for this. They have landed themselves in a deep hole, something that has been getting deeper in my opinion since 2016, and instead of trying to find a way out, have instead dug deeper. A company that doesn’t implement safety regulations by an offical railway regulator has no place on our railways. Either find someone who can comply with regulations and grow the business to operate wider variety of railtours, or sell your stock to someone who can run trains safely and shut down.
The irony (for me, anyway) is that the carriages with CDL fitted actually have bigger windows than the Mk. 1s, so giving passengers a better view than they get currently.
WCR have history of playing fast and loose with regulations, such as several SPADs, defective trackside equipment by passed rather than repaired and many others. They’ve also had, as others have said, over 20 years to comply and make more than enough money to either have central locking fitted or buy compliant rolling stock.
In short, WCR get zero sympathy or support from me, and I like steam trains!
they have known about this since 1999 25 years and they still done nothing about it 20 years of exception it takes one person to fall out off a moving train then someone will be to blame the operator or the safety board .I love steam trains but this is down to the train company not the safety board
So if the MK. ,1 stock which operates this service doesn,t have central door locking does it comply with the regulation regarding coaches to be fitted with toilet retension tanks for the effluent? Or do they still dump the contents on the track? Is that another thing they don,t want to comply with.
I believe another operator is already closing in, intending to operate the appropriate carraiges with deisels at first TAke that WRC.
They’re running empty in the Jacobite paths apparently… if you don’t run a train for 90 days the paths become fair use for others. As WCRC own these paths they will want to protect them.
Must be costing a fortune just to protect these paths for potential use. Money that could be spent on CDL
West Coast has upgraded its rolling stock so that effluent is no longer djmped onto the tracks. This alone has cost them a small fortune. As such they do comply with reasonable and practicable requirements. The cost of putting central locking in would render the business uneconomic to continue. Whenever I travel with them, they make a big point about telling you the safety information and telling passengers that they must wait for stewards to open the doors.
Another viewpoint could be that political MP´s, by this “letter”, are found to be caught “red-handed” in interfering with Railway Safety matters.
A real can of worms could take place. For example the recent completion of the Dawlish Wall Protection Safety Scheme could have been delayed by interference by the local M.P. saying that the closure could have affected the local economy too much?
Alternatively with CDL not being fitted, then lots of cash available in the bank. Why not BUY the line and infrastructure from Network Rail – Lock Stock and Barrel. Then any type of coach could be run, at 25 mph !
Don’t know about that Neil but individual MPs have np power to interfere in operations of a statutory regulatory body.They can say what they like in letters.
The Dawlish sea wall had summer holiday stoppsge provisions within its licence.
What happens when the cdl is fitted and the ticket proce goes up by 200% . Plenty of these train dpotters will be crying?
A central locking and opening system leaves no room for ambiguity.As they ran previously, it is perfectly possible for one of the stewards to inadvertently forget to lock one of doors ( if say ,a passenger asked him a question at the time).
Do not know why anyone would want to defend WCR’s conduct in this matter.
They have been given plenty of time to do.the C.D.L its down to W.C.R
It’s very easy to see why these MPs in an election period have penned this nonsense. If WCRC had taken correct action and fitted CDL and not wasted their money over a very protracted period on litigation then they wouldn’t be in this mess. Their other stock is CDL fitted and is operated without issue – today Norwich to wherever steam special uses CDL fitted stock. Best advice is that before you take on board the political biased uneducated clap trap you research and read the facts of the matter. As I say MPs witha vested interest. Wonder how many have ever visited their local preserved railway?
Surely if this ruling is continued and exemptions are not permitted.. what will happen next ?
Will all heritage railways will be forced to introduce central locking on all coaching stock once it becomes set in stone for all mainline heritage stock .. these things have a habit of cascading ..
Nothing to do with heritage lines unless they run onto Network Rail property, Only heritage lines its likely to affect are NYMR & Spa Valley as they do run onto Network Rail property.
The Spa Valley Railway has it’s own separate track, which is not physically connected to the Network Rail Oxted to Uckfield line.
If ORR applied consistent safety standards to the Road R in their title they would have to shut the entire road network.
The ORR should cough up the money since they have brought the issue up’ also they are making a dreadful ‘mountain out of a mole hill. Trains ran without CDL for more than 100 years so why are the ORR objecting now? It’s a spiteful damaging action by them and they should be ashamed-if there is such a thing; they will potentailly ruin part of the Scottish tourism industry besides undermining the economy of the region. Someone-an ORR woman-aparently was ‘tipped off’ by a ‘sneaky individual’, rode the train and uncovered the lack of CDL. II hope that all parties are pleased with themselves.
The ORR aren’t objecting now, the rule was put in place that all trains running mainline must be fitted with CDL, this rule came into place back in 1999, there was also an exception order for hinge door stock on charter trains that expired last year, in 2019 the ORR wrote to all charter TOCs, WCRC LSL, VT & BLMD to tell them this.
BLMD, LSL & VT have co operated with the ORR, WCRC haven’t. Simple as that. The ORR are trying to prevent an accident, which I should add there has been several incidents involving slam door stock on the mainline.
With respect, I have got to say your comments are a bit off as far as ORR.You make the ORR sound like a bunch of school boys ( and girls) .It is a ( rail) regulatory body and work off specific rules , set out in legislation.They are doing their job correctly.
Remember, WCR kept selling tickets when they ought not.If they had a correct, entrepreneurial eye , they would/ should have known what they have to do.
Any sympathy for this company is severely misplaced.
Exactly my thoughts. How have we managed for the last 100 years. Over zealous and unnecessary health and safety
WCR have had 20 years to comply and keep trying to doge it. WCR are a commercial company and their accounts show they are more than capable of funding the work just choose to try and keep the money in their account. The ORR abacked by the courts are not ruining part of the Scottish tourism industry the maverick actions by WCR are. There are other operators with stock that is compliant who I am sure would be more than happy to step in. Lots of things have happened in the past that are now no longer permitted now, times change and whilst you or I don’t necessarily agree with them it is not fair to say that this has been spring on WCR. Unfortunately you reap what you sow
Reply to Andy.How would you feel if one of your loved ones was injured falling from a door on WCR managed excursion.I repeat, ORR is a rail regulatory body doing their job according to statute and defined regulations.
CDL sadly and unfortunately is a necessary requirement in this day and age!!
As a boy I well remember leaning out of carriage door windows getting my face covered in coal dust from the steamers!!
I travelled on a Steam Dreams tour to Bath last September and all the doors and windows were sadly locked, However it was still a wonderful journey travelling behind a powerful Bullied Pacific loco, such a thrilling experience which needs to be preserved for future generations at ALL costs whatever they may be!!
“How we’ve managed” is well documented in RAIB accident reports.
So if we don’t have a regulator what do you suggest, just run a free for all railway. WCR have had twenty years to comply with the regulations, so its not as if they were not expecting it. WCR s safety record isn’t the finest, and its not the first time they have gone head to head with the ORR.
Good luck with that – they have had plenty of time to comply. How will that play with the other operators who have followed the rules? MPs are now so desperate for votes they’ll chase any cause it seems,
I agree. I have said the same thing that WCR had plenty of time to comply with the ORR.
Totally agree with your comments.
My basic comments is that these MPs , in their comments in the letter, as you report it, are plain wrong.
Maybe, some of the MP who signed might have obviously constuency reasons for so signing ( eg.David Morris and Tim Farron- WCR are in order adjacent to their constituencies and obviously Scottish ones).
To reply to some of the MP’s points.
1.The ORR should allow exemptions to fitting CDL . THEY DID.
2.ORR should have “an open mind”.Not sure what they mean.ORR has to follow rules relating to regulation of main line operating.COURT REVIEWED ORR DECISION AND RULED IT AS CORRECT ( when WCR took ORR to Court for Judicial Review).
3.Most other other operators, in leisure rail excursion business, have fitter CDL, started to fit or have given undertakings to fit.
4.ORR approach should not be clouded by fact WCR has not yet undertaken to fit CDL.Only comment is , are these MP’s seriously making this comment.One wonders who drafted letter for them????
The ORR has done it’s job correctly , has had it’s conduct rubber stamped by a Court ( courtesy of WCR court action).They do not deserve to operate the Jacobite.
In conclusion, if you had been travelling on the Jacobite, and if by human error, a door had been left incorrectly locked ( unlocked) and your loved one fell out or was injured as a result.What would your feelings be and what would you then do?
Of the eight MPs that signed the letter, seven are from English constituencies and the eighth is from a constituency in NE Scotland and probably spends most of his time in London.
37685 & 37676 took 7 Mk 1’s and 1 x GUV north from Carnforth this morning 05/04/ 2024 as 5Z40 over Shap on a Carnforth – Fort William Yard ECS.
The Mk 1’s DID NOT appear to have CDL fitted
Not sure what point you are making, apart from what is probably a fact of the actual stock movement.
Is there an implication that the ” powers that be” have “scrubbed” round the correct operation of the ORR function?
If (BIG IF?) that is the case. If would be ridiculous and would seriously undermine the operation of the ORR.
Whey was this work not at least started inside of them trying to navigate around the ruling —in place since 2019the tickets are dear enough so there should be money available to pay for this against losing revenue until it is —or are they going to keep getting away with out needed upgrade