West coast railway’s cda exemption withdrawn by orr after court case loss

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West Coast Railway’s exemption from operating hinged door coaching stock without central door locking has been revoked by the Office of Rail and Road following the loss of a judicial review by the Carnforth-based train operator in December. 47245 V. E. Day 75th Anniversary and 47746 Chris Fudge 29.7.70 – 22.6.10 climbs Giggleswick Bank on August 11, 2023, working a train of Mk.1 coaching stock from York to Carnforth.
Ian Edmondson

WEST COAST Railway’s Regulation 5 exemption has been withdrawn by the Office of Rail and Road, preventing the operator from using hinged door coaching stock that is not fitted with central door locking.

The Carnforth-based train company, which challenged the requirement through a judicial review, is a significant operator of passenger charter services in the UK. It provides trains for various charter promoters, as well as operating the hugely popular Jacobite steam-hauled services on the West Highland Line between Fort William and Mallaig and the luxurious Northern Belle dining train. As this issue of Railways Illustrated closed for press, tickets for trains and services due to be operated by the company were still being advertised for sale.

Part of the Railway Safety Regulations (1999) placed a requirement on train operators to fit CDL to any hinged door coaching stock being used in passenger service. There were a number of main line train operating companies still using slam door rolling stock on their services at the time, but these were largely phased out in favour of more modern fleets fitted with sliding doors.

However, most charter operating companies in the UK use Mk.1 and Mk.2 coaches on their trains, which were permitted to keep running subject to the granting of a Regulation 5 exemption by the ORR and certain other conditions, such as the fitting of secondary door locks and the provision of stewards throughout the trains to ensure that the doors were secured and opened safely.

WCR challenged the requirement for CDL to be fitted to its extensive collection of Mk.1 and Mk.2 coaches and was granted a judicial review in the High Court, with ORR granting a series of short-term exemptions to the company while the judgement was awaited.

However, on December 22, 2023, the judicial review found in favour of the ORR and WCR lost its claim. The ORR then revoked its most recent short-term exemption – which came into force on December 1 and was due to expire on February 29 – with effect from

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