Review of track access criteria and procedures

As part of our wider initiative to provide a more focused and effective approach to regulating the railway, in 2007 we undertook a review of our passenger and freight criteria and procedures. Our proposed way forward was published in July 2007 and included:

  • a more proportionate approach to the way we deal with applications;
  • Network Rail-led industry consultation on most applications;
  • a wider use of general approvals; and
  • a consolidated passenger and freight criteria and procedures document.

In January 2008 Network Rail assumed responsibility for consulting on most proposed track access agreements and has a section on its website for track access consultations. At the same time, we implemented our more proportionate approach to agreed applications – which was to focus on applications that merit greater regulatory scrutiny.

Working with Network Rail and the C&Ps Industry Working Group (IWG), we have reviewed the implementation and effectiveness of the new arrangements following the subsidiary change date 2008. Both we and the IWG consider that the transition has gone smoothly and no major problems have arisen. We and IWG will continue to monitor this in the run up to the December 2008 timetable change. If anyone does have feedback on the new arrangements, they should contact the track access team.

In June 2008 we issued new general approvals for passenger and freight track access contracts. These increase the types of amendment that parties can make to their track access contracts without the need for ORR's specific approval. These should reduce the timescales for making those amendments and thus enable train companies to respond more quickly to the needs of their markets.

In November 2008, we issued a new version of our criteria and procedures document. This combined into a single document our previously separate criteria and procedures for passenger and freight track access applications. It also incorporated the policy changes arising from our C&Ps review – including our code of practice for how industry parties should conduct consultations for track access applications and our criteria for more focused scrutiny of agreed applications. The new C&Ps also included clearer guidance for industry parties – including on how to complete our freight and passenger model contracts.

In November 2008, we published a new document providing advice to new entrants to the rail market. This sets out the regulatory requirements (safety, licensing and access) that need to be met before a new operator can commence operations on the rail network

Minutes of the Industry Working Group