Minimum Service Levels Bill receives Royal Assent

[Economist]

What is DAS and (how) is that supposed to affect train driving?

Driver Advisory System, basically where we have slack in the timetable we can run at a lower speed and save fuel as opposed to running at linespeed and being checked down at signals.

At the moment, the trains I drive are so busy that any slack in the timetable is usually taken up by getting everyone on and off at station stops. Hence if we lost, say, 20% of drivers it'd be total carnage.

 

[Snow1964]

Government has updated

Published 20 February 2023
Last updated 6 November 2023 - hide all updates

1. 6 November 2023
   Added the response to consultation and policy approach.

Its a very long and complicated document with long list of routes towards the end, so not going to attempt to quote it

Link to all the associated documents

Minimum service levels for passenger rail during strike action

A consultation on implementing minimum service levels for passenger rail services during periods of strike action.

www.gov.uk

Link to updated policy approach

Minimum service levels for passenger rail: government response and policy approach

www.gov.uk

 

[Confused52]

Government has updated


Its a very long and complicated document with long list of routes towards the end, so not going to attempt to quote it

Link to all the associated documents

Minimum service levels for passenger rail during strike action

A consultation on implementing minimum service levels for passenger rail services during periods of strike action.

www.gov.uk

Link to updated policy approach

Minimum service levels for passenger rail: government response and policy approach

www.gov.uk

The list includes Warrington Bank Quay to St Helens Junction , today just one train and that is cancelled. What a crock. Nothing via Warrington Central at all.

 

[Watershed]

In summary, the MSL has been set in different ways for different parts of the rail industry.

TOCs (both heavy rail and light rail) will be required to operate 40% of normal services on strike days. I suspect that's a reference to the absolute number of schedules, which could mean less than 40% of passenger vehicle-miles operate, as some services may be curtailed (e.g. Waterloo to Exeter services may only run as far as Basingstoke or Salisbury). Operators are free to choose which services to run, but the government's wording suggests they expect them to largely run services during the peak morning and evening hours.

Infrastructure providers such as Network Rail and Rail for London will be required to have "priority routes" as identified in the following map open between 6am and 10pm, including sidings and depots within a 5 mile radius of these lines:



There's an exact list here; it's effectively the same as Network Rail's existing "Key Route Strategy" network (i.e. the lines that were open during the signaller strikes), with a couple of additions.

Obviously the opening hours are considerably longer than what happened during the signaller strikes (generally 7am-7pm) so there should be a much more normal level of service on lines that are open. Wales once again gets a pretty raw deal though, with only the GWML to Cardiff included in the priority routes list.

 

[Tube driver]

How on Earth can you run 40% of normal timetabled services on the tube and it remain safe?

If a service is advertised then the public will come thinking it will be fine and they’ll just have to wait 5 minutes instead of 2. Overcrowding will be mental despite Underground management telling people to stay away if possible.

And that’s before you get into the mechanics of how it will all work in practice.

 

[Economist]

From what I can see the unions are very much the primary target with staff second. To run 40% of the usual service I reckon the train companies would need around 50% of the staff who work on any given day. I don't see that sacking so many people would work, unless the government are determined to leave a massive problem for Labour.

That said, if the MSL wasn't achieved, then the unions could be targeted in the courts and severe financial penalties imposed.

If the unions are clever and show strong leadership, I reckon they could strike for longer periods since the impact on members' wallets would be reduced.

 

[Watershed]

How on Earth can you run 40% of normal timetabled services on the tube and it remain safe?

If a service is advertised then the public will come thinking it will be fine and they’ll just have to wait 5 minutes instead of 2. Overcrowding will be mental despite Underground management telling people to stay away if possible.

And that’s before you get into the mechanics of how it will all work in practice.

I don't think anyone is suggesting that services would continue to run as early and late as normal with 40% of the frequency. But overall 40% of services must run, so that may mean there's a normal service for the morning and evening peak but little or nothing in between. This is much the same as MSLs in other countries such as Italy work.

 

[greatkingrat]

I don't think anyone is suggesting that services would continue to run as early and late as normal with 40% of the frequency. But overall 40% of services must run, so that may mean there's a normal service for the morning and evening peak but little or nothing in between. This is much the same as MSLs in other countries such as Italy work.

The problem with that is running a full peak only service requires nearly as many drivers as the normal service.

 

[LNW-GW Joint]

I see the policy is GB-wide, as rail industrial relations are a reserved matter, though consultations are promised with the devolved administrations.
I'd expect the Welsh Government to take a different view of its MSL services within Wales, given the acres of white space on the map, extending well into England.
The map is heavily skewed to the lines with centralised signalling (ROCs, SSCs etc), and against routes with local manual boxes (such as most of Wales/Borders).
The WG might take the view that some limited services should be provided, eg on the Cambrian (ETCS) or routes around Chester* (with a PSB).
That's if the Labour-Plaid WG can bear to annoy the TfW unions by requiring some internal services to operate.
Scotland does seem to have got a decent central corridor service, but the lack of Edinburgh-WCML links is surprising.

* I see Merseyrail has a full coverage, so that means Chester PSB will have to open for them.

 

[Xenophon PCDGS]

So surely it's got to be acctioned that's another thing.

Does that mean Royal Assent is therefore meaningless for immediate actioning purposes and will that fact be legally stated in the Bill?

 

[Class83]

Transpennine North has gone from HS3 to non-essential in a month.

 

[Chester1]

I see the policy is GB-wide, as rail industrial relations are a reserved matter, though consultations are promised with the devolved administrations.
I'd expect the Welsh Government to take a different view of its MSL services within Wales, given the acres of white space on the map, extending well into England.
The map is heavily skewed to the lines with centralised signalling (ROCs, SSCs etc), and against routes with local manual boxes (such as most of Wales/Borders).
The WG might take the view that some limited services should be provided, eg on the Cambrian (ETCS) or routes around Chester* (with a PSB).
That's if the Labour-Plaid WG can bear to annoy the TfW unions by requiring some internal services to operate.
Scotland does seem to have got a decent central corridor service, but the lack of Edinburgh-WCML links is surprising.

* I see Merseyrail has a full coverage, so that means Chester PSB will have to open for them.

I can't see the Welsh government resisting running a service in the long term. Both UK Labour and Welsh Labour will take them same approach, make a load of noise against it, then quitely go along with it in government because its useful to them.

 

[Tube driver]

I don't think anyone is suggesting that services would continue to run as early and late as normal with 40% of the frequency. But overall 40% of services must run, so that may mean there's a normal service for the morning and evening peak but little or nothing in between. This is much the same as MSLs in other countries such as Italy work.

Those who are ‘forced’ to work strike day most certainly will work their rostered shift and not some lashed up last minute timetable. unions must give 2 weeks notice for strike action and unfortunately the company can only move our shifts by 2 hours otherwise 28 days notice must be given.

 

[paulmch]

Even the most dunderheaded second-rate politician must surely be able to see that this will torpedo any remaining goodwill within the industry and just result in permanent work-to-rule, leaving a worse service overall than if this bill wasn't introduced.

 

[Watershed]

The problem with that is running a full peak only service requires nearly as many drivers as the normal service.

Perhaps so, but if anything the unions should then be in favour of these proposals - it means that industrial action is still highly disruptive but doesn't cost their members much pay.

Does that mean Royal Assent is therefore meaningless for immediate actioning purposes and will that fact be legally stated in the Bill?

Some Acts need Orders for certain provisions to enter into force. In this case it's a question of the Act giving the Secretary of State the power to make Regulations that establish minimum service levels; it's these Regulations that are the subject of the consultation.

Those who are ‘forced’ to work strike day most certainly will work their rostered shift and not some lashed up last minute timetable. unions must give 2 weeks notice for strike action and unfortunately the company can only move our shifts by 2 hours otherwise 28 days notice must be given.

That may be the case at LU but conditions vary by operator. Clearly, some operators will be able to resource a 40% service more efficiently than others.

Even the most dunderheaded second-rate politician must surely be able to see that this will torpedo any remaining goodwill within the industry and just result in permanent work-to-rule, leaving a worse service overall than if this bill wasn't introduced.

This hasn't happened in other countries that have enacted MSLs; what leads you to believe it would therefore automatically happen in Britain?

 

[paulmch]

This hasn't happened in other countries that have enacted MSLs; what leads you to believe it would therefore automatically happen in Britain?

I'm by no means militant - if this goes through I will never work a rest day again, nor will I do a single minute of overtime during disruption on the day. If people like me think that, then the industry is in real trouble.

 

[Watershed]

I'm by no means militant - if this goes through I will never work a rest day again, nor will I do a single minute of overtime during disruption on the day. If people like me think that, then the industry is in real trouble.

It's not a question of if it will go through - the Act of Parliament has come into force and the government will be laying the Regulations setting out the MSLs before Parliament tomorrow.

 

[paulmch]

It's not a question of if it will go through - the Act of Parliament has come into force and the government will be laying the Regulations setting out the MSLs before Parliament tomorrow.

I'm really not interested in the parliamentary mechanisms needed to enact this - if it's as good as in force as you say, then to answer your question again I'll be withdrawing all of my discretionary labour as soon as I get to the depot tomorrow. If they've lost the room with people like me, and I'm nowhere near as militant as some, then they have well and truly shot themselves in the foot.

 

[S-Car-Go]

I'm by no means militant - if this goes through I will never work a rest day again, nor will I do a single minute of overtime during disruption on the day. If people like me think that, then the industry is in real trouble.

I totally agree. The railway relies on goodwill. Booking-on points asking for overtime, or "ooh you're spare, we're desperate, could you come in 1-2hrs early and cover...." will be getting flat refusals. Manager/platform despatcher requests to couple/uncouple something will be refused. "If it's not on my diagram, it isn't happening".

 

[Midlands5678]

I won't be forced to work against my will.

Quite simply, I'll be too fatigued to operate due to lack of sleep because I'm being forced to do something which goes against my civil rights (the norm for this country now).

I'll happily sit in the mess room for 8 hours and be paid for the pleasure though.

 

[class ep-09]

I won't be forced to work against my will.

Quite simply, I'll be too fatigued to operate due to lack of sleep because I'm being forced to do something which goes against my civil rights (the norm for this country now).

I'll happily sit in the mess room for 8 hours and be paid for the pleasure though.

Better still , just call while at home about fatigue and stress , stay in bed and get paid sick leave .

 

[Snow1964]

It will be quite interesting to see how the 40% operates in practice, my local line has 3 (unevenly spaced) services an hour daytime, and during strikes has tended to be one an hour.

So that is 33.3% not 40%, I guess they will have to top it up with some extras during the peaks, or will they, presumably wont want to bring in extra staff just for peak so the extras will probably be scattered over an approx 8 hour shift.

I note reading it there is section on ASOS vs 40% MSL (action short of strike, vs Minimum service level) too. No doubt the best brains in Union HQ will be planning action to meet this.

Better still , just call while at home about fatigue and stress , stay in bed and get paid sick leave .

Not very well thought through if it forces another colleague to be rostered in as a contingency to cover your skive approach to ensure the 40% is met. Surely stuffing up your mates is not going to make you Mr popular.

 

[dk1]

Not very well thought through if it forces another colleague to be rostered in as a contingency to cover your skive approach to ensure the 40% is met. Surely stuffing up your mates is not going to make you Mr popular.

Then they surely just need to do the same.

If these are pre-rostered other staff will be the percentage that's striking and therefore not willing to work.

 

[Bantamzen]

Not very well thought through if it forces another colleague to be rostered in as a contingency to cover your skive approach to ensure the 40% is met. Surely stuffing up your mates is not going to make you Mr popular.

Pulling regular sickies is also likely to put you to the top of any list of staff that might be thrown under the bus if TOC / DfT do decide to go ahead with some sackings.

 

[Snow1964]

Pulling regular sickies is also likely to put you to the top of any list of staff that might be thrown under the bus if TOC / DfT do decide to go ahead with some sackings.

Especially if I have read the MSL document correctly as it seems the 40% requirements is ahead of legal strike employment protection rights.

 

[dk1]

Pulling regular sickies is also likely to put you to the top of any list of staff that might be thrown under the bus if TOC / DfT do decide to go ahead with some sackings.

As a train driver all i or my colleagues need to say to their manager is that they feel under stress and not fit to drive. That would be enough.

Wouldn't need to go sick.

 

[paulmch]

Those of you who seem content to cheer this on are missing the point - if strikes become so risky for the unions they will just switch tactics and work to rule instead. Given the chronic staff shortages (which very much takes the sting out of the threat to sack us), this will have a far more serious impact overall. And I will happily support them in that - why would I do anything to help a company who is not only undermining my livelihood but is now also being complicit in an attack on my democratic rights?

 

[Bald Rick]

It will be quite interesting to see how the 40% operates in practice, my local line has 3 (unevenly spaced) services an hour daytime, and during strikes has tended to be one an hour.

So that is 33.3% not 40%, I guess they will have to top it up with some extras during the peaks, or will they, presumably wont want to bring in extra staff just for peak so the extras will probably be scattered over an approx 8 hour shift.

It’s not 40% of a service on every line. It’s in the event of a national strike, around 40% of the 22,000 services that run each weekday. Some lines will have no service, some will have much more than 40%.

looking at the map, that 40% of services will serve around 60-70% of passengers.

 

[irish_rail]

It's the sickness that will go through the roof. And not just on strike days, but people will go sick several days before the strike to ensure it looks more real. This is going to be an utter disaster for the railways I'm afraid.

 

[Watershed]

I suspect those who are gleefully suggesting ways they think they can circumvent the MSLs are going to be in for a shock when their unions advise them to comply.

Working to rule is quite another matter and I would be all for eliminating the routine use of overtime. I can't see all staff working to rule though, there will always be times when the overtime rates on offer are too attractive to turn down.