Office of Rail Regulation consults on approval of proposed long-term track access contracts

2 February 2005
ORR/02/05

The Office of Rail Regulation (ORR) has today published a consultation paper on its proposed policy for long-term (more than five years) track access contracts.  The paper explains the reasons for this consultation and seeks the views of interested parties on the proposals and the key issues that need to be addressed when ORR considers such applications.

Different factors govern ORR’s consideration of the length of track access contracts applied for by freight operators and by franchised and non-franchised (open access and charter train) passenger operators.  For freight operators, continuity of access to the network is an important part of maintaining the confidence of their customers, and it can also be central to plans to invest in new equipment and infrastructure.  Franchised passenger operators need continuity of access to the network if they are to satisfy the requirements of their franchise agreements and, in some cases, to justify franchise investment.  Non-franchised passenger operators also need to have certainty of access for a sufficient period to allow them to plan the development of their services and, potentially, to invest in new equipment.

In its White Paper, The Future of Rail the Government stated that it would ‘…ensure that long-term access agreements are put in place to provide the stability needed to secure commercial contracts, and the ORR will facilitate this’. Against this background, ORR is reviewing its policy on the duration of track access contracts.  ORR intends that the proposed policy will balance the need for stability and certainty with conditions which will encourage the development of new and innovative services to meet passengers’ and freight customers’ needs.

Notes for editors

1. 1. The consultation period for this document closes on Friday, 18 March 2005. Decisions on the approval of long-term track access contracts are for ORR, as the independent regulator of the railway working within the context of its statutory duties and Article 17 of Directive 2001/14/EC.  
2. 2. A copy of the consultation document, Long-term track access contracts: A consultation paper, is available from the ORR website (see related links) and is also available form the ORR Librarian, Sue MacSwan, 1 Waterhouse Square, 138-142 Holborn, London EC1N 2Tq, tel: 020 7282 2001, fax: 020 7282 2045, email: rail.library@orr.gsi.gov.uk.
3. ORR is currently considering two track access applications, both of which are for track access contracts for a term of more than 10 years.  One is from English, Welsh and Scottish Railway Limited (EWS), and one for a track access option between Roadways Container Logistics Limited, I.M. Properties (Dordon) Limited, and EWS.
4. A copy of the Government’s White Paper, The Future of Rail-White Paper Cmnd 6233, is available from the Department for Transport website (see related links)

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