Regulator publishes model track access contract for freight operators

31 March 2004
ORR/09/04

The Rail Regulator, Tom Winsor, today published a model track access contract to cover the relationship between freight train operators and Network Rail. The contract is published alongside the Regulator’s revised criteria and procedures for the scrutiny and approval of track access applications from freight operators. A final conclusions document explains the rationale for key provisions in the model contract and criteria and procedures document.

Tom Winsor said: “I believe that these three documents will establish stronger, simpler and more streamlined contracts and transparent procedures for their approval. This will benefit Network Rail, existing and prospective freight operators, and their customers.  The freight model contract will establish a real joint venture in the provision of rail freight services – a partnership of equals between the infrastructure provider and the infrastructure user.  Such a partnership is vital if the railway is to retain and attract freight customers; to compete with road transport; and to achieve the growth that we would all like to see.

“The model contract I am publishing today is a key element of the programme to improve the accountability of Network Rail.  It follows publication last year of the model passenger track access contract, which is already being used successfully by an increasing number of passenger train operators.  It is the result of extensive consultation with the freight industry which has welcomed it.

“The focus now is on putting existing freight track access agreements into the model contract format, whilst recognising that individual operators may want or require some bespoke departures from the model contract terms to meet their particular circumstances. 

“We will do this through a retrofit process that is built into all but one of the existing agreements – and should very soon be added to the remaining agreement.  I am today giving the operators concerned, and Network Rail, modification notices which will start this process.” 

Notes for editors:

1. The following three documents, published today, follow up the consultation held in December 2003, and can be found in the right hand links.

2. Track access contracts establish the relationship between Network Rail and train operators for the operation of trains on the national rail network, including a specification of what is required of each party, what happens when things go wrong and simple, efficient and effective procedures for the resolution of disputes. The Regulator consulted the industry on 31 July 2003 on the policy issues relevant to a freight model contract and on 3 December 2003 on a draft of the model contract itself.  The freight model contract builds on Model passenger track access contract and Criteria and procedures for the approval of passenger track access contracts: third edition, both published on 25 June 2003.

3.  These documents are also 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.

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