The surprise removal of West Coast Railways’ exemption certificate to operate slam-door stock does not mean that it could not be reinstated, the Office of Rail and Road has confirmed to RAIL.
With its 2024 season due to start in two weeks, WCR had asked the ORR to continue an exemption that allowed it to operate until February 29, while it works with the regulator to find a long-term solution.
However, the ORR decided to revoke the exemption on January 10, meaning that WCR is no longer able to operate slam-door coaches on the main line.
WCR is urging the ORR to “reconsider its revocation” and has reaffirmed that it is keen to work with the regulator to “identify solutions to enable its services to continue to operate, protecting jobs and income for businesses along its routes”.
Asked by RAIL as to whether the ORR could provide a new exemption if WCR negotiated a fitment plan/timescale on a similar basis to other operators whose exemptions continue, the regulator replied: “In theory, yes.”
It comes after WCR failed with its Judicial Review in the High Court to overturn the ORR’s decision to refuse further exemptions to central door locking (RAIL 1000).
WCR argued that the ORR’s change in Regulations to extend them to charters was a “misinterpretation” of the exemptions previously agreed to by the ORR under the Railway Safety Regulations 1999.
However, rejecting WCR’s claim on December 22 2023, Hon Mrs Justice Thornton ruled that the ORR’s “justifiable” approach is “common sense”.
At the time, WCR Commercial Manager James S
