Rail regulator calls for better quality track access contracts

United Kingdom

On 7th January 2000, the Rail Regulator, Tom Winsor, published a consultation document on his moves to establish better quality track access contracts between Railtrack, and passenger, and freight train operators by means of model clauses. Such contracts were established between Railtrack and the various passenger/freight operators during privatisation in the mid-1990s, and provide for the train operators to run trains on Railtrack’s network in return for access charges set by the Regulator.

Mr Winsor has said that this move comes from the significant growth in the demand for railway services, the investment which the railway industry needs to put in, and the commencement of the franchise replacement programme. There is the need for clearer and more simple contracts between empowered parties. Their negotiation can be streamlined, accelerated and made less costly in terms of management, legal and other resources by the creation of model clauses

Section 21 of the Railways Act 1993 provides for the Regulator to prepare and publish model clauses for access contracts, although none has been produced in the intervening six years.

(ORR Press Release ORR/00/01)