Rail Regulator announces decision on Hull Trains track access application

18 June 2004
ORR/21/04

The Rail Regulator, Tom Winsor, has today approved the 8th supplemental track access agreement between Network Rail Infrastructure Limited (Network Rail) and Hull Trains Company Limited (Hull Trains) which includes rights to operate an additional service a day in each direction between Hull and London King’s Cross.  This will increase Hull Trains’ direct services between Hull and London to 5 a day in each direction.

The Regulator’s approval followed careful consideration of the application in accordance with his statutory duties and published criteria.  He consulted other train operators who would potentially be affected, the Strategic Rail Authority (SRA) and the relevant Rail Passengers Committees.  ORR staff also held several meetings with Hull Trains’ representatives so that the Regulator had the most complete possible picture of the likely impact of approving the application.

The Regulator has had to balance a number of relevant objectives and considerations under section 4 of the Railways Act 1993 before deciding whether or not approving the application would be in the public interest.  Given that a number of the section 4 duties would point him to different conclusions in this case, this decision inevitably involved the Regulator exercising his judgment, giving careful consideration to all relevant information.   

Having assessed the application against his relevant statutory duties and in accordance with his relevant published criteria, the Regulator has decided to approve the supplemental track access agreement for the following principal reasons:

  1. Sufficient network capacity is available to accommodate the additional rights sought by Hull Trains;
  2. The rights sought by Hull Trains can be accommodated without a disproportionate performance impact on the services of other operators; and
  3. The Regulator does not believe that the primary impact of the additional service will be to abstract revenue from incumbent passenger train operators.  The Regulator believes that the additional service is likely to generate significant new patronage and revenue, particularly since recent high levels of growth in the rail market between Hull and London suggest that this market is far from saturated.  It will offer benefits to both existing and new passengers through increased frequencies of direct services between Hull, Brough, Selby and London.  Passengers at Howden will also benefit from through journey opportunities to London for the first time.

Notes to Editors

  1. A letter setting out the background to this application, how the Regulator has assessed it and the full reasons for his conclusions will be published on the ORR website shortly.  It will also be 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.
  2. Moderation of competition: final conclusions, Office of the Rail Regulator, London, May 2004 sets out the Regulator’s policy on applications for rights where new services would compete with existing services and potentially abstract revenue from them.  It is available from the ORR Librarian or at http://www.rail-reg.gov.uk/upload/pdf/195.pdf.

Press enquiries

ORR Press Office – 020 7282 2002/2007
Out of office hours – pager 07659 127303 

Glossary