Office of Rail Regulation proposes to streamline licence exemptions process

08 December 2004
ORR/48/04

The Office of Rail Regulation has today published a consultation document setting out proposals for simplifying the licence exemption application process.  ORR is also asking for views on new guidance for rail operators applying for a licence exemption.
 
Licensing is one of ORR’s key statutory functions by which it regulates rail operators. ORR has discretion to exempt operators from the need to have full licences, a power it uses where it considers there is no public interest benefit in requiring them to hold a licence. Typically exemptions have been for maintenance contractors operating entirely within full track possessions, and freight light maintenance depots.
 
Chris Bolt, Chairman of the Office of Rail Regulation said:
“These proposals reflect the proportionate use of our licensing powers, enabling ORR to focus on protecting the interests of users and funders of the national rail network, while making life easier for exemption applicants and avoiding an unnecessary burden on smaller operators.”
 
These proposals will be of interest to rail organisations that may wish to apply for licence exemptions in the future. Existing exemption holders are unaffected.

Notes for editors

1. Section 7 of the Railways Act 1993 (as amended) provides for ORR to grant licence exemptions to individual operators of railway assets. Licence exemptions are less demanding than licences in terms of the obligations imposed and ongoing scrutiny.
2. These proposals will have no impact on existing industry safety arrangements. The Health and Safety Executive is the current safety regulator for the railways (including heritage operations). The Government intends that this role will be undertaken by ORR in the future and the Railways Bill introduced into Parliament on 25 November 2004 makes provision for this.  
3. To date, ORR has granted around 100 exemptions. There has not been any published guidance specifically aimed at licence exemption applicants. In response to requests from applicants, and to reflect the streamlining proposals in this consultation document, ORR has produced draft guidance.

4. Licence Exemptions: Consultation is available from the ORR website at http://www.rail-reg.gov.uk/upload/pdf/219.pdf and 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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