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WCRC loses judicial review in High Court

james_the_xv

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29 Oct 2019
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West Midlands
Have the ORR actually got a definition of what “CDL” is exactly? Has it got to involve a physical lock? Is is explicitly forbidden that secondary locks cannot be manually operated by stewards under the ‘central’ instruction of the guard?

For example, 2nd generation multiple unit sliding doors are not ‘locked’ per se, unless they are manually locked out of use with a carriage key. They are just held shut with air pressure. It’s quite possible to pull them open in motion if you’re strong enough, although this would trigger an emergency brake application. It’s also possible to open them, easily, at any moment using the emergency door release handle which any passenger has access to, placed above the door. Any passenger could, if they wish, operate this handle and open a door in traffic, which would be easier to do than lowering a droplight and opening the handle on the outside. People generally don’t, as there is a sign warning them of big fines if used inappropriately, as there could be for slam door stock.

The ORR quote this paragraph of the Railway Safety Regulations 1999:

Prohibition of hinged doors​

5.—(1) No person shall operate, and no infrastructure controller shall permit the operation of any rolling stock on a railway if the rolling stock has hinged doors for use by passengers for boarding and alighting from the train (other than doors which have a means of centrally locking them in a closed position).

CDL is therefore defined as doors which are locked centrally (and cannot be operated locally, which is self explanatory imo). I can pull the emergency release on a 350 and shimmy the door open but that doesn't mean they aren't locked centrally. Besides putting a iron girder across the outside of every set of door no train door is truly 'locked'.
 
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12C

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Penrith
The ORR quote this paragraph of the Railway Safety Regulations 1999:



CDL is therefore defined as doors which are locked centrally (and cannot be operated locally, which is self explanatory imo). I can pull the emergency release on a 350 and shimmy the door open but that doesn't mean they aren't locked centrally. Besides putting an iron girder across the outside of every set of door no train door is truly 'locked'.
In that case, to satisfy that definition could they not clearly label every door in the train “Not for passenger use/Emergency use only” and board/alight all pax via one central door which is locked/unlocked on arrival and departure by the guard?
 

JJmoogle

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11 Jun 2012
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96
In that case, to satisfy that definition could they not clearly label every door in the train “Not for passenger use/Emergency use only” and board/alight all pax via one central door which is locked/unlocked on arrival and departure by the guard?
I know other operators of MK1's have sometimes taken doors out of use to minimise the burden of fitting CDL to every door(and pottentially increase the crashworthiness too) as you suggest.
I suspect they might run into possible issues with emergency egress, and also the fact they where running with such a stated method of working to keep their exemption in the first place(locked doors only to be operated by a guard) and where found to be in breach of that method already which has lead to their exemption being revoked.
 

Mountain Man

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15 Jun 2019
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340
A lot of people on here seem to have an axe to grind against WCR.
Or maybe people are just sick of the issue which should have been sorted years ago

This is just my opinion thanks, is that ok. It's getting on for 20 years since the ORR set about getting CDL fitted to heritage stock on the mainline and here we are. It appears to me that either the ORR don't believe this is a big safety issue or that they are totally inept at forcing operators to abide by it, which is it?
Neither.

It shows they have realised it's a challenge to implement and tried to be as supportive as possible to heritage railways by giving them time to make the changes. It shows the ORR cares about the Heritage Railway sector
 
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jupiter

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9 May 2021
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146
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Dorset
…It's getting on for 20 years since the ORR set about getting CDL fitted to heritage stock on the mainline and here we are. It appears to me that either the ORR don't believe this is a big safety issue or that they are totally inept at forcing operators to abide by it, which is it? Whatever direction you come from the ORR has failed miserably and appears on this issue to be not fit for purpose.
One thing that gets my goat is someone attempting to gaslight me.

The ORR believe this is a big safety issue and have doggedly fought WCRC who evidently don’t believe it is.

Following the correct legal process of judgement and appeals which has taken some considerable time, the ORR has “forced“ (your term) this operator to abide by this rule.

I’m neither team ORR or team WCRC. I see great parallels with the playground bully who, when someone finally stands up to them play the victim and go off crying “they haven’t been very nice to me”.
 
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Berwick
Although nothing to do with WCRC as their judgement is about mainline, the ORR have actually been very fair with the preserved sector especially if you actually look at these stats
 

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railfan99

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Victoria, Australia
Not daily services for most of the year I think. The residual railtour business can operate with small fleets some of which were purchased from the mainline with CDL already fitted.

What's the maximum number of carriages likely to be available for each rail tour from its 'small fleet?'
 

Gaz67

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21 Feb 2022
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127
Location
Irwell vale
One thing that gets my goat is someone attempting to gaslight me.

The ORR believe this is a big safety issue and have doggedly fought WCRC who evidently don’t believe it is.

Following the correct legal process of judgement and appeals which has taken some considerable time, the ORR has “forced“ (your term) this operator to abide by this rule.

I’m neither team ORR or team WCRC. I see great parallels with the playground bully who, when someone finally stands up to them play the victim and go off crying “they haven’t been very nice to me”.
Better analogy would be playground bully runs rings around dithering weak headmaster for years.
Great film gaslight , one of my wife's favorites. I am definitely not attempting to gaslight you, I am just pointing out that 20 years ago the ORR felt this was a major safety issue and here we are all this way down the line still allowing excemptions, the railways are a massively different place now than they were in 2005 and the large fleets on the southern long gone, how many rakes of stock are affected by this , no more than 10 I would say ,the 2005 report needs a 2024 update as it's quoting of deaths/injuries due to swinging doors is largely irrelevant on today's railway.
 
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craigybagel

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25 Oct 2012
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5,081
WCRC and the Jacobite are in no shape or form the victims here, but the architects of their own downfall.
Indeed, I should have used a different phrase there! I think it's clear from my other posts my personal opinions on the blame in this case.

The Jacobite is the most high profile service to be cancelled by it's operator failing to comply with the ORR.
 

Mountain Man

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15 Jun 2019
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Better analogy would be playground bully runs rings around dithering weak headmaster for years.
Great film gaslight , one of my wife's favorites. I am definitely not attempting to gaslight you, I am just pointing out that 20 years ago the ORR felt this was a major safety issue and here we are all this way down the line still allowing excemptions, the railways are a massively different place now than they were in 2005 and the large fleets on the southern long gone, how many rakes of stock are affected by this , no more than 10 I would say ,the 2005 report needs a 2024 update as it's quoting of deaths/injuries due to swinging doors is largely irrelevant on today's railway.
Did you read that post before you clicked reply?

Because you undermine your own arguments from previous posts impressively well
 
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Gaz67

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21 Feb 2022
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Irwell vale
Did you read that post before you clicked reply?

Because you undermine your own arguments from previous posts impressively well
To be honest this kind of thing doesn't bother me, it's a forum for rail enthusiasts and staff spouting there opinions, not crown court. I really couldn't give a toss about WCR and there horribly painted diesels, equally I get the impression the ORR is not fit for purpose on this issue, the only issue I'm passionate about is the loss of the Jacobite to the WHL and its implications for businesses who rely on it, we have spent many happy holidays up there. If you don't like me flip flopping around put me on ignore.
 

Mountain Man

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15 Jun 2019
Messages
340
To be honest this kind of thing doesn't bother me, it's a forum for rail enthusiasts and staff spouting there opinions, not crown court. I really couldn't give a toss about WCR and there horribly painted diesels, equally I get the impression the ORR is not fit for purpose on this issue, the only issue I'm passionate about is the loss of the Jacobite to the WHL and its implications for businesses who rely on it, we have spent many happy holidays up there. If you don't like me flip flopping around put me on ignore.
It doesn't bother that you are arguing against yourself?

The loss of the Jacobite was entirely avoidable by WCR
 

12LDA28C

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The back of beyond
In that case, to satisfy that definition could they not clearly label every door in the train “Not for passenger use/Emergency use only” and board/alight all pax via one central door which is locked/unlocked on arrival and departure by the guard?

Does that seem like a sensible solution to you? Potentially several hundred passengers on what could be an 11-coach train all boarding and alighting from one single door? It would take half an hour to get everyone off. And how would passengers boarding know which door was in use? Remember this applies to ALL trains using this stock, not just the Jacobite, so for example a charter train making several pick-ups at various main line stations.

It shows they have realised it's a challenge to implement and tried to be as supportive as possible to heritage railways by giving them time to make the changes. It shows the ORR cares about the Heritage Railway sector

To be clear, these regulations apply to main line operators only, not heritage railways which are exempt. WCRC are not a 'heritage railway', they just use stock that might be classed as 'heritage'.

What's the maximum number of carriages likely to be available for each rail tour from its 'small fleet?'

WCRC's rake of CDL-fitted Mk2s runs to 10 coaches (although this includes a Mk1 buffet).
 
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Bikeman78

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26 Apr 2018
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4,564
Have the ORR actually got a definition of what “CDL” is exactly? Has it got to involve a physical lock? Is is explicitly forbidden that secondary locks cannot be manually operated by stewards under the ‘central’ instruction of the guard?
In theory each door could be locked with a carriage key but that would probably be ruled out as it would make emergency evacuation rather difficult.

CDL is therefore defined as doors which are locked centrally (and cannot be operated locally, which is self explanatory imo). I can pull the emergency release on a 350 and shimmy the door open but that doesn't mean they aren't locked centrally. Besides putting a iron girder across the outside of every set of door no train door is truly 'locked'.
On BREL designs, such as class 150, you don't even need to pull the emergency release. Teenage kids are perfectly capable of pulling them open whilst the train is going at line speed. I have seen them do it! The brakes come on until they let go, the doors slide shut again and brakes release. They did it several times on one journey. The crew thought the 150 was knackered until I pointed out what was going on.
 

Bill57p9

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1 Dec 2019
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Ayrshire
In theory each door could be locked with a carriage key but that would probably be ruled out as it would make emergency evacuation rather difficult.
Locking passengers in (without an emergency release) is not permitted on the main line. Not sure whether this was introduced following Quintinshill or the Taunton Sleeper fire.

That said, Centre doors have been locked out of use on main line mk 1s for many years, presumably to reduce the number of stewards required and avoid the hazard of a wide gap on curved platforms. Obviously the end doors are regarded as sufficient for emergency egress.
 
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Croydon
One thing that gets my goat is someone attempting to gaslight me.

The ORR believe this is a big safety issue and have doggedly fought WCRC who evidently don’t believe it is.

Following the correct legal process of judgement and appeals which has taken some considerable time, the ORR has “forced“ (your term) this operator to abide by this rule.

I’m neither team ORR or team WCRC. I see great parallels with the playground bully who, when someone finally stands up to them play the victim and go off crying “they haven’t been very nice to me”.
How is exactly disagreeing about the need for something but still complying when legally forced bullying? And where exactly have WCRC played the victim, I must have missed that press release
 

peteb

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30 Mar 2011
Messages
1,134
Doesn't the SRPS own and run a set of mainline certified MK1 stock? Wouldn't it be possible for the Jacobite to run with that stock, just being cancelled a few days either side of a SRPS mainline trip (of which there can't be many each year)?
 

Blindtraveler

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28 Feb 2011
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Nowhere near enough to a Pacer :(
I started an srps thread in here the other day, I'm sure we could discuss this further in there, not least because I was unaware that they had decided to not go ahead with see the l fitment and therefore no longer have mainline registered stock
 

Fleetwoodphil

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12 Sep 2023
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Fleetwood
Sorry to jump on this thread, but I’m wondering if WCR committed fraud by selling tickets when it was clearly uncertain if this service would run. I know if I had booked, I would’ve needed to get to Fort William, by rail ( I don’t drive ) I could cancel tickets and get charged a £10 admin fee, but would potentially lose any money paid for a hotel. As I said just wondering. Thanks Phil
 

Bletchleyite

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Sorry to jump on this thread, but I’m wondering if WCR committed fraud by selling tickets when it was clearly uncertain if this service would run. I know if I had booked, I would’ve needed to get to Fort William, by rail ( I don’t drive ) I could cancel tickets and get charged a £10 admin fee, but would potentially lose any money paid for a hotel. As I said just wondering. Thanks Phil

Anyone in that position I'd recommend to do the line on ScotRail instead. It's cheaper and the views are as good. It might not be the "Harry Potter train" itself but otherwise the experience is very similar apart from a bit of steam/smoke passing the windows occasionally.
 

Gaz67

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Irwell vale
In theory each door could be locked with a carriage key but that would probably be ruled out as it would make emergency evacuation rather difficult.


On BREL designs, such as class 150, you don't even need to pull the emergency release. Teenage kids are perfectly capable of pulling them open whilst the train is going at line speed. I have seen them do it! The brakes come on until they let go, the doors slide shut again and brakes release. They did it several times on one journey. The crew thought the 150 was knackered until I pointed out what was going on.
Good point this , if a teenager can pull open a door like this on a 150 then it is clearly closed rather than locked. CDC rather than CDL is more descriptive of this door design in wide use on the network. Semantics maybe , but WCR have been to court over this and if anyone can make something out of the differentiation between closed and locked its the judicial system. Also the 2005 report describes a railway more of the steam age than what we see now in 2024. I was on Blackburn station a year ago when a 150 departed with the door immediately behind the driver still open, fortunately the guard had his head out at the rear of the unit and i drew his attention to it , the train didnt stop but i assume he closed it. The last point is added for context not to excuse WCR. Finally on WCR it is clear they have very few supporters on here if any, going forward if there is a going forward , they need to be more pro enthusiast maybe looking at developing Carnforth as a visitor attraction and certainly start repainting their diesel fleet. The last point is unrelated to the current issue obviously but going forward they need to start building bridges in my humble opinion.
 

Bletchleyite

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I was on Blackburn station a year ago when a 150 departed with the door immediately behind the driver still open, fortunately the guard had his head out at the rear of the unit and i drew his attention to it , the train didnt stop but i assume he closed it.

This area on a 150/1 (the only 150s where the crew door isn't interlocked) is not accessible to the public.

If you've ever tried it (might have as a kid, ahem) you can only crack open classic air operated sliding doors. It's enough to break interlock, but you can't get them open enough to fall out, maybe only a few inches. No more risk than an open hopper window. The reason for them being like this is to allow a trapped limb, jacket or piece of luggage to be pulled out.

Way back when I've been on a 150 in Bolton when it started moving with all doors open, but that was downhill (no power) and in the days when it was just power interlock, now there's brake interlock too.
 

Fleetwoodphil

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Finally on WCR it is clear they have very few supporters on here if any, going forward if there is a going forward , they need to be more pro enthusiast maybe looking at developing Carnforth as a visitor attraction and certainly start repainting their diesel fleet
It was a tourist attraction, Steamtown but I’m sure you knew that already
 

AM9

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St Albans
... The last point is added for context not to excuse WCR. ...
This talk of what can be acheived by a determined passenger on a train with sliding doors is largely a strawman argument. Unprotected slam doors are not only a hazard to passengers who when leaning against them may fall out, also having opened they are a significant danger to persons standing on platforms and in the case of multi-track sections, (i.e. most of the moin line network), create a serious out-of-gauge issue waiting for a collision with another train.
 

zwk500

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Bristol
Finally on WCR it is clear they have very few supporters on here if any, going forward if there is a going forward , they need to be more pro enthusiast maybe looking at developing Carnforth as a visitor attraction and certainly start repainting their diesel fleet.
The way WCRC can be more pro-enthusiast is to have a safety culture that demonstrates Heritage and Excursion railtours can operate perfectly safely as part of the national network timetable. Giving a load of 47s a lick of paint and having a smart museum isn't going to mean very much if they continue to set alarm bells ringing with the safety authorities. I'd hazard a guess that having trains run at proper speeds is what most enthusiasts want to experience, and would happily trade some tatty paintwork and a non-public depot for having mainline heritage running.
 

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