ORR confirms its decision on proposed Crossrail passenger services

14 April 2008
ORR/11/08

The Office of Rail Regulation (ORR) today confirmed its decision on a joint application for a track access option (TAO) for Crossrail passenger services from the Secretary of State for Transport and Network Rail.

In its ‘proposed’ decision published on 3 March 2008, ORR considered awarding a 30-year TAO for almost all of the paths requested by the applicants. ORR felt the business case did not demonstrate clear demand for all the requested paths, and proposed that access not be granted for two of the requested trains per hour off peak and at weekends.

ORR considered the further representations on its ‘proposed’ decision from the parties and other interested rail industry stakeholders and decided it should stand. ORR has made it clear that the two paths for which access has not been granted will run to and from Maidenhead (not Heathrow) in the west, and to and from Shenfield (not Abbey Wood) in the east.

Work is now underway to establish how the key modifications, which ORR require to the draft TAO, will be given effect. There are also further changes to details within the draft TAO, which were raised by the applicants, consultees and from our own consideration. 

ORR is likely to issue its final directions by the end of May 2008.

Notes to editors

1. ORR’s decision on the TAO is available on our website: http://www.rail-reg.gov.uk/server/show/nav.205.
2. ORR received an agreed application under Section 18 of the Railways Act 1993, from Network Rail and the Department for Transport (on behalf of the Secretary of State) on 23 July 2007, for a 50 year track access option (TAO) to reserve rights for DfT’s planned Crossrail services. The rights sought were for Network Rail’s network only, and excluded the proposed new central tunnel section.
3. A TAO is an access contract as defined in section 17(6) of the Railways Act 1993, and provides a mechanism by which future access to a railway facility can be secured. ORR’s track option policy is available from its website at http://www.rail-reg.gov.uk/upload/pdf/350.pdf.
4. ORR has consulted the parties and rail industry stakeholders extensively throughout the process, including at a rail industry hearing on 1 February 2008, held to address detailed issues relating to the demand for Crossrail services, capacity and performance, and the change control mechanism contained in the draft TAO. ORR has also taken into account the Performance and Systems Modelling Report, which the applicants produced at ORR’s request and published in December 2007.
5. ORR issued a ‘proposed’ decision on 3 March 2008, which concluded that it was minded to award a TAO for a term of 30 years, from the start of Crossrail services, with the requested number of access rights in the peak and shoulder peak periods, but with two fewer paths per hour in each direction in the off peak and at weekends. ORR does not consider the applicants have made a clear case for all the rights requested, although the decision does not preclude the applicants from applying at a later date when the level of demand is clearer.
6. As well as setting out the ‘proposed’ decision, ORR’s document invited representations from the applicants and interested stakeholders on any material new information ORR had not taken into account, and/or factual inaccuracies, by midday on 17 March 2008. Thirteen such representations were received.
7. Having considered and taken into account all of the representations and information received in response to the ‘proposed’ decision document, ORR has decided that the ‘proposed’ decision should stand, subject to a few points of clarification. All of the representations received were taken into account and have been addressed in the decision document.
8. Directions to enter into the actual TAO will be issued as soon as possible, and hopefully within the next six weeks, but only if ORR is content that all the necessary modifications and outstanding contractual issues have been resolved.

A copy of all relevant documentation relating to the application and ORR’s consideration of it, together with this decision, can be found on its website at www.rail-reg.gov.uk/server/show/nav.205.

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ORR Press Office – 020 7282 2188/2007