Track access introduction
Anyone seeking access to the rail network in order to operate trains needs to enter into a contract with the relevant facility owner. Under the Railways Act 1993 train operators and others may only enter into contracts with another party giving them permission to use that facility owner’s railway facility if the Office of Rail Regulation (ORR) so directs. Proposed contracts that have been negotiated by the parties require our approval (under section 18), as do subsequent amendments to them (under section 22), before we issue directions. Where agreement has not been reached on the terms of a contract or a subsequent amendment to permit more extensive use, the proposed access beneficiary can apply to ORR to issue directions under sections 17 and 22A obliging the facility owner to enter into or amend a contract as determined by ORR.
A new version of the contract, updated with amended references to reflect changes in the industry, was published in July 2006
International access agreements
The Railway Infrastructure (Access and Management) Regulations 2005 which entered into force on 28 November 2005 ended the distinction between international access and domestic access contracts.
The regulations differentiate between access to Network Rail's infrastructure and the regulatory regime applied to it (including the pre-approval of access contracts under section 18 of the 1993 Railways Act). It also covers access to the Channel Tunnel Rail Link (CTRL) and the slightly different regulatory regime applied to it (to which section 18 of the 1993 Railways Act does not apply).
The types of access regime for the mainline network and CTRL apply to both international and domestic traffic, depending on which network access is sought.
Model connection contract
On 25 July 2005, we published our final conclusions on a model contract for parties wishing to connect facilities to the Network Rail network. The document, which contains a model contract for parties to use, sets out the rights and obligations of the parties in respect of the ongoing maintenance of connections between two railway networks. It is flexible enough to be applied to a wide range of different types of connection, from complex and busy connections such as those to freight terminals, to infrequently used connections such as those to self-contained heritage railways. It also brings connection contracts into line with the passenger and freight model contracts.
A new version of the contract, updated with amended references to reflect changes in the industry, was published in July 2006.
Moderation of competition
On 18 May 2004, we published our final conclusions on moderation of competition. The document sets out the circumstances in which we expect to approve contractual protection for a passenger train operator where restricting or preventing future new competing services is important in order to facilitate investment. It also explains how we intend to deal with applications for rights to run new competing services where incumbent operators have no such protection.
Long-term track access contracts
On 17 June 2005, we published our final conclusions on long-term track access contracts (more than five years) and the policy that we will apply in considering such track access applications.
Contacts
If you have any questions relating to track access, including our track access application procedures, please contact:
If the query relates to access for passenger trains:
Ian Williams
Track Access Manager
Tel: 020 7282 2092
Fax: 020 7282 2043
Email: ian.williams@orr.gsi.gov.uk
If the query relates to access for freight trains:
Bill Hammill
Track Access Manager
Tel: 020 7282 2088
Fax: 020 7282 2043
Email: bill.hammill@orr.gsi.gov.uk
