Access for freight trains
This page sets out information relating to applications for freight track access contracts. Each of the documents referred to below is available in related links.
Criteria and procedures
Our criteria and procedures document sets out the criteria and procedures we expect applicants to meet in seeking to enter into freight track access contracts and those we will follow when considering such applications. It also explains the content of and rationale for using the model freight track access contract and the suite of application forms for seeking ORR's approval. From January 2008, new arrangements apply for obtaining approved track access contracts and amendments to those contracts. These are set out in the Industry code of practice for track access application consultations and a document setting out the level of regulatory scrutiny that ORR expects to give to applications agreed between Network Rail and a train operator. These should be read alongside the criteria and procedures document.
- Industry code of practice for track access application consultations
- Guidance on the level of scrutiny that ORR expects to give to applications for track access contracts and amendments to them under sections 18 and 22 of the Railways Act 1993
Model freight track access contract
Section 21 of the Railways Act 1993 (the Act) provides for the Office of Rail Regulation (ORR) to prepare and publish model clauses for inclusion in access contracts. It also provides that we shall encourage, and may require, the use of these model clauses wherever we consider it appropriate.
On 31 March 2004, we published a model freight track access contract. Since then we have published several revised versions, with the most recent version being issued on 23 January 2008.
To explain the provisions contained in the freight model contract, we published guidance on 8 April 2005.
- Letter to industry parties detailing updates and revisions to the freight model contract
- Freight model contract dated 23 January 2008 (Word 2000) (PDF version)
- Freight model contract update - General Approval
- Freight model contract dated 23 January 2008 - marked up to show changes from December 2005
- Table explaining changes made to freight model contract on 23 January 2008
Application forms
The application forms to accompany freight track access applications under each of sections 17, 18, 22 and 22A are available below in Word and PDF format:
- Section 17 - revised 12 June 2008 (Word 2000) (PDF)
- Section 18 - revised 12 June 2008 (Word 2000) (PDF)
- Section 22 - revised 12 June 2008 (Word 2000) (PDF)
- Section 22A - revised 12 June 2008 (Word 2000) (PDF)
Freight General Approval
ORR has powers under sections 18 and 22 of the Act to grant general approvals. These may give our approval prospectively, without the need for specific submission and approval, to:
- amendments of a specified description to a particular access agreement;
- amendments of a specified description to access agreements generally, or to access agreements of a particular class or description; and
- access contracts of a specified class or description.
In considering the case for issuing a general approval, we would expect, in particular, to consider the potential impact of future changes thus permitted, and whether they are likely to be so material as to require regulatory scrutiny at the time. There is one general approval in place covering the making of amendments to freight access agreements.
The Freight Access (Changes to Track Access Contracts) General Approval 2008 permits Network Rail and a train operator to make to their track access agreement particular types of amendment, subject to certain conditions, without our specific approval. The amendments permitted are described in the general approval, which includes an explanatory note. Any amendments beyond those permitted will require our specific approval under section 22 or directions under section 22A of the Act.
If you have any questions regarding a freight track access application or any other aspect of track access please contact the track access team.
