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6 December 2001
ORR/26/01
Regulator acts on train manufacturers' complaint
The Rail Regulator, Tom Winsor, today found Railtrack in breach of its network licence through deficiencies in its processes for the provision of information necessary for the acceptance of new vehicles on to the network. Mr Winsor also announced the remedial action to be taken following complaints from Alstom and Bombardier (formerly ADtranz).
He has confirmed his earlier findings that there were serious deficiencies in the Railway Group Standards on information for vehicle and route acceptance. He has concluded that directing changes to standards to impose a general and significantly enhanced obligation to provide appropriate information should rectify these problems.
Mr Winsor said: "Good information about the network is vital to the efficient design and approval of new rolling stock. I have today issued a direction to Railtrack to initiate the procedures laid down in Railtrack's network licence for amendment of railway industry standards with a view to enhancing significantly its obligations to have and provide information about the network. This will make a major contribution to the efficient design, building, commissioning and testing of new rolling stock for the network."
Because of the current workload on the industry standards processes as a result of the requirements of recent safety inquiries, the Regulator expects Railtrack to begin the process of compliance now with full compliance by 1 October 2002.
Notes for editors: - References to Railtrack are to Railtrack PLC (in Railway Administration).
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he direction forms part of the Regulator's final conclusions on the complaint about the vehicle and route acceptance procedures made by vehicle manufacturers Alstom and Bombardier on which provisional conclusions were published in March 2001. The Regulator has concluded that the current railway standards regime is not fit for purpose in that it does not impose on Railtrack any clear general obligation, either in respect of gauging or in respect of other relevant matters, to obtain and provide information needed by designers and manufacturers of new trains at any stage, but in particular at stages prior to operation of the trains on the network, i.e. for designers and manufacturers of new trains. The Regulator has therefore today directed Railtrack to require Railway Safety to set in motion the process to amend Railway Group Standards accordingly.
- The Rail Regulator will shortly be publishing proposals for a new contractual framework for vehicle and route acceptance.
- Railway Group Standards which, among other things, set out procedures for vehicle and route acceptance, are established by Railway Safety (a separate subsidiary of Railtrack Group PLC under Railtrack's network licence). Although their overriding purpose is to ensure the safe operation of the network, the Railway Group Standards contain a number of requirements that are not in themselves safety requirements and are, therefore, matters for the economic regulator. They concern in particular information about the network and efficient procedures. The Regulator can direct Railtrack to ensure that Railway Safety performs its obligations under the network licence to ensure that the standards are fit for purpose.
- He has found Railtrack in breach of its network licence in that it has failed to discharge its obligations under existing Railway Group Standards, but has concluded that the underlying difficulty is much broader and derives from the fact that the existing standards are themselves unfit for purpose in this respect. He therefore considers that the direction issued to Railtrack to take steps aimed at strengthening the standards regime, combined with his proposals for vehicle and route acceptance contracts, mean that he does not need to make an enforcement order at present in respect of the licence breach.
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The Regulator's original consultation document Vehicle and route acceptance procedures: a consultation document, his provisional conclusions Vehicle and route acceptance: complaint by ADtranz and Alstom, and his final conclusions Vehicle and route acceptance: complaint by Alstom and Bombardier - final conclusions are available here or in hard copy from Sue MacSwan, ORR Librarian, 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.
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