Broad support for West Coast Main Line enforcement action

4 May 2000
ORR/00/13

Broad support for West Coast Main Line enforcement action

The Rail Regulator, Tom Winsor, today served a final orderrequiring Railtrack to produce plans and options for the West Coast Main Lineupgrade. Tom Winsor said: "This information is needed to establish whetherRailtracks plans for the West Coast Main Line upgrade are sufficient to meetthe reasonable requirements of train operators and funders, and to provide anopportunity to identify additional enhancements which they may wish to procure.Railtrack must provide this information in order to avoid breaching its networklicence."

The order requires Railtrack to demonstrate the extent towhich its present plans for the West Coast Main Line route modernisation wouldmeet the capacity commitments which it gave to the Regulator in April 1998, andto state what further works would be required to meet those commitments in full.In addition, Railtrack must also complete strategic reviews of options forfurther improvements to the capacity and capability of the West Coast Main Line.

Since publishing the notice in March under section 56 of theRailways Act 1993, explaining the reasons for his proposal to make a final orderagainst Railtrack, the Regulator has received strong support for his enforcementaction from funding bodies, including the Shadow Strategic Rail Authority, trainoperators, and from passengers representatives.

As part of the periodic review of Railtracks accesscharges, the Regulator is also reviewing the costs associated with the WestCoast Main Line, and he intends to consult on these costs in June.

Notes to Editors

1. Todays final order requires Railtrack to prepare andprovide to the Regulator:
2. 1. by 22 May 2000:
   2. 1. a specimen timetable for the WCML demonstrating the capacity that would be provided by works which Railtrack has proposed should be carried out: and;
      2. a statement of any shortfall in capacity between that provided by the timetable in sub-paragraph (i) and the capacity commitments it previously gave, as modified by agreement with relevant train operators, together with an explanation of the works that would be required to meet those modified capacity commitments: and,
   3. adequate strategic reviews setting out costed specifications for meeting the stated requirements of train operators and funders.
3. The Regulator is required before making a final enforcement order with modifications, either:
4. 1. to obtain the consent of Railtrack to the modifications; or
   2. if Railtrack does not consent:
   3. 1. to serve on Railtrack such notice as appears to him requisite of his proposal to make the order with modifications;
      2. in that notice to specify the period (not being less than 28 days from the date of the publication of the notice) within which representations with respect to the proposed order may be made; and
      3. consider any representations or objections which are duly made and not withdrawn.
5. On 5 November 1999 the Rail Regulator began enforcement action demanding that Railtrack produce robust plans to meet its commitments to additional capacity as part of the upgrade and improvement of the West Coast Main Line (WCML). (ORR Press Notice ORR/99/48) After months of discussion Railtrack refused to agree a subsequent modified enforcement order requiring the companys plans for the West Coast Main Line upgrade, giving the Rail Regulator, Tom Winsor, no alternative but to press on with enforcement action and go through a second statutory consultation process.
6. On 27 March 2000 the Rail Regulator published a notice relating to the WCML upgrade under section 56 of the Railways Act 1993. This can be seen on the ORRs website or in the ORR library.
7. Representations received by the Regulator in response to consultation, with the exception of annex 3 to Railtracks response and Eurostars response which are both confidential, may be seen on the ORRs website or in the ORR library.
8. The Passenger Upgrade 2 ("PUG2") track access agreement between Railtrack and West Coast Trains Ltd was approved by the Regulator in 8 June 1998 on the basis that it would provide additional capacity for all passenger and freight operators, as well as allowing Virgin Trains to run faster and more frequent services with new tilting trains. The project has the potential to bring about a step change in frequency and reliability in services between major cities on the WCML.
9. The Regulators action today is enforcement of Railtracks network licence obligations. The purpose of Condition 7 of Railtrack's network licence is to secure the improvement, enhancement and development of the network so as to satisfy the reasonable requirements of persons providing services for the carriage of passengers or goods by railway and funders in respect of the quality and capability of the network.
10. The last Regulator formally requested Railtrack's plans to deliver its commitments to provide additional capacity on the WCML, on 2 June 1999 (ORR Press Notice ORR/99/20).
11. The order does not include a requirement to provide a freight routing strategy. The Regulator has received a freight routing strategy document from Railtrack, and he is studying it to see whether it demonstrates compliance with the network licence.
12. The West Coast Main Line (WCML) upgrade is planned in two phases: the first phase is intended to allow new tilting trains to run on the WCML up to 125 mph from 1 May 2002. The second phase is intended to allow the trains to run up to 140 mph by 1 May 2005.

13. A copy of the final enforcement order is available from the ORR Librarian, Sue MacSwan, 1 Waterhouse Square, 138-142 Holborn, London EC1N 2TQ.Tel: 020 7282 2001;fax:020 7282 2045; e-mail: rail.library@orr.gsi.gov.uk. Both the final order and the WCML - Final Order against Railtrack PLC document are available as Acrobat PDF files.

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