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WCRC loses judicial review in High Court

3RDGEN

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The NYMR doesn't have such an exemption. Following the judicial confirmation of ORR's ability to require compliance by West Coast NYMR is having to use door stewards as a tempoarary measure while door locking and droplight modifications are installed.

NYMR has an exemption to Regulation 5 issued 1st April 2023, as per the ORR webpage;

This exemption stipulates the secondary locks, stewarding and procedures they need to work with;

Other operators have Regulation 5 exemptions but NYMR are the only ones with the "25mph limit" specified and no need for a CDL fitment plan at present.
 
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Bill57p9

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Without checking the Sectional Appendix, loco-hauled trains are generally subject to more speed restrictions than Sprinters and if any 'SP' speed boards are provided it would only be Sprinters that are permitted to travel at the higher speed.
I did have a look at the sectional appendix. Most of the line is 30mph (for non 15x) with a stretch of 11 miles plus a few pockets (the odd mile here and there) of 40mph.

The NYMR limit is, as stated, in addition to stewards and secondary door locks but an alternative to central door locks.

Photo here https://www.railforums.co.uk/attachments/img_3340-jpeg.155141/ from another thread shows a nice smart CDL fitted rake of mk1s being hauled by Golden Arrow. Yes, there will be a generator involved somewhere, but it is clear evidence that it can be and has been done...
 

12C

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Photo here https://www.railforums.co.uk/attachments/img_3340-jpeg.155141/ from another thread shows a nice smart CDL fitted rake of mk1s being hauled by Golden Arrow. Yes, there will be a generator involved somewhere, but it is clear evidence that it can be and has been done...
This is the LSL rake which has been fitted with CDL. If I understand correctly this system is air operated and requires an Electric Train Supply (Saphos/Steam Dreams charters always seem to convey a diesel to provide this). LSL’s operation is also rather different, running ad hoc high end charters with high ticket prices, as opposed to the timetabled Jacobite service.

Not defending WCRC in any way but the issue they face for the Jacobite is the train until now has always been purely steam operated with no power supply and is (I think) still vacuum braked. Standard BR style CDL needs an air and power supply, so would need an air braked steam loco (is Tangmere currently the only one at Carnforth with air brakes?) and an ETS supply.

The options for them I guess would be to convert more locos to air brakes, although I’m not sure how easy this would be, and to look at using either a generator car or convey a diesel. Both of these would mean one coach less in the formation and would probably require it to be crewed to fire watch etc, which would no doubt affect its profitability. Whether it would still be economically viable to run the regular timetable it previously had under these arrangements is open to question.

I know there have been other suggestions to use battery power, electro magnets etc but I guess these would need approval for use rather than using a pre existing system.
 

zwk500

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Not defending WCRC in any way but the issue they face for the Jacobite is the train until now has always been purely steam operated with no power supply and is (I think) still vacuum braked. Standard BR style CDL needs an air and power supply, so would need an air braked steam loco (is Tangmere currently the only one at Carnforth with air brakes?) and an ETS supply.

The options for them I guess would be to convert more locos to air brakes, although I’m not sure how easy this would be, and to look at using either a generator car or convey a diesel. Both of these would mean one coach less in the formation and would probably require it to be crewed to fire watch etc, which would no doubt affect its profitability. Whether it would still be economically viable to run the regular timetable it previously had under these arrangements is open to question.
I am fairly sure the stock has air brakes, and air or dual-braked locos have been used in the past. WCRC certainly have air-braked stock even if it's not the regular Jacobite set. A generator van wouldn't need to be crewed and they're used by other charters without a problem. It would of course cost more to run for the fuel and servicing.
I know there have been other suggestions to use battery power, electro magnets etc but I guess these would need approval for use rather than using a pre existing system.
Electro magnet systems have been used by other Slam-door operators, possibly even by Chiltern for their bubble car.
 

12C

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I am fairly sure the stock has air brakes, and air or dual-braked locos have been used in the past. WCRC certainly have air-braked stock even if it's not the regular Jacobite set. A generator van wouldn't need to be crewed and they're used by other charters without a problem. It would of course cost more to run for the fuel and servicing.

Electro magnet systems have been used by other Slam-door operators, possibly even by Chiltern for their bubble car.
I forgot about the bubble car, fair point. Has such a system ever been fitted to LHCS? I think it’s only been used on 1st gen multiple units so far but I guess it would be a similar arrangement.
 

anothertyke

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I am fairly sure the stock has air brakes, and air or dual-braked locos have been used in the past. WCRC certainly have air-braked stock even if it's not the regular Jacobite set. A generator van wouldn't need to be crewed and they're used by other charters without a problem. It would of course cost more to run for the fuel and servicing.

Electro magnet systems have been used by other Slam-door operators, possibly even by Chiltern for their bubble car.

But the WCR Mk1 stock is not CDL. And do WCR actually have a genny van? And if they do, do the numbers add up to operate with one coach fewer?

And if their track access agreement for the Jacobite paths expires on 31 Oct 24, is it worth spending the money?
 
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12LDA28C

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Electro magnet systems have been used by other Slam-door operators, possibly even by Chiltern for their bubble car.

Most definitely by Chiltern on their two bubble cars, as I've previously mentioned in this very thread.

But the stock is not CDL. And do WCR actually have a genny van? And if they do, do the numbers add up to operate with one coach fewer?

And if their track access agreement for the Jacobite paths expires on 31 Oct 24, is it worth spending the money?

The stock most certainly is CDL, just with doors locked using electro-magnets rather than air-operated bolts.
 

anothertyke

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Most definitely by Chiltern on their two bubble cars, as I've previously mentioned in this very thread.



The stock most certainly is CDL, just with doors locked using electro-magnets rather than air-operated bolts.

I mean all the WCR Mk 1 stock, sorry if not clear. I have edited my post.
 

Mountain Man

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This is the LSL rake which has been fitted with CDL. If I understand correctly this system is air operated and requires an Electric Train Supply (Saphos/Steam Dreams charters always seem to convey a diesel to provide this). LSL’s operation is also rather different, running ad hoc high end charters with high ticket prices, as opposed to the timetabled Jacobite service.

Not defending WCRC in any way but the issue they face for the Jacobite is the train until now has always been purely steam operated with no power supply and is (I think) still vacuum braked. Standard BR style CDL needs an air and power supply, so would need an air braked steam loco (is Tangmere currently the only one at Carnforth with air brakes?) and an ETS supply.

The options for them I guess would be to convert more locos to air brakes, although I’m not sure how easy this would be, and to look at using either a generator car or convey a diesel. Both of these would mean one coach less in the formation and would probably require it to be crewed to fire watch etc, which would no doubt affect its profitability. Whether it would still be economically viable to run the regular timetable it previously had under these arrangements is open to question.

I know there have been other suggestions to use battery power, electro magnets etc but I guess these would need approval for use rather than using a pre existing system.
Fortunately they were given plenty of notice to accommodate the changes and find a solution
 

12C

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Fortunately they were given plenty of notice to accommodate the changes and find a solution
The reality is there may not be a solution that makes financial sense, especially if the future of operating Mk1s in general is in doubt, CDL or not.
 

AM9

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The reality is there may not be a solution that makes financial sense, especially if the future of operating Mk1s in general is in doubt, CDL or not.
I agree, then so be it, - they are an anachronism from 75 years ago when 100mph trains were rare to say the least. Safety is a prime consideration in modern life and is a major consideration in the continuing public's support for rail travel. I doubt that a member of the public, purchasing tickets for leisure travel in MK1 rolling stock would accept the safety compromises thatt some here aretrying to justify in their support for the 'heritage' value of these coaches. Given the very high prices that are charge to be carried in these coaches, to see that after a higher risk of injury or even death attributable to their safety that may exist, faith in heritage travel, and on the wider railway might falter.
 

zwk500

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The reality is there may not be a solution that makes financial sense, especially if the future of operating Mk1s in general is in doubt, CDL or not.
Funny how it made sense for all the other Mk1 Charter operators
 

anothertyke

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Funny how it made sense for all the other Mk1 Charter operators

Well, it made sense for the one which has actually done it because (a) it was a condition of their entry to the market, (b) they operate with a second power source and (c) they rely on special train paths. The Jacobite, being a daily 'scheduled' service has a five year track access agreement which happens to expire this autumn.

Circumstances alter cases.
 

Stephen42

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Well, it made sense for the one which has actually done it because (a) it was a condition of their entry to the market, (b) they operate with a second power source and (c) they rely on special train paths. The Jacobite, being a daily 'scheduled' service has a five year track access agreement which happens to expire this autumn.

Circumstances alter cases.
Nothing in the WCRC submission to the ORR or judicial review puts forward any special circumstances. They have not claimed it's technically infeasible to fit CDL with the cost of work being broadly in line with other operators. Nor did they argue a renewal of track access would be required to commit to a fitment plan. Their case would have been stronger if they did have a solid justification for the standard approach not being appropriate for them, instead they were relying on the dubious argument that their secondary locking operated by stewards was equivalent in safety to CDL.
 

Bikeman78

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I doubt that a member of the public, purchasing tickets for leisure travel in MK1 rolling stock would accept the safety compromises thatt some here aretrying to justify in their support for the 'heritage' value of these coaches.
Clearly they do, or the trains would be empty wouldn't they?
 

Bikeman78

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That is a an oversimplification at best. Who actually research's safety records of train companies before boarding?
Almost no one I suspect. Isn't that the point? But even if they sent out a description to all ticket holders of how the carriages are less safe than modern carriages, I reckon most people would still go ahead and travel. Plenty of other day to day activities carry a greater risk.
 

anothertyke

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Nothing in the WCRC submission to the ORR or judicial review puts forward any special circumstances. They have not claimed it's technically infeasible to fit CDL with the cost of work being broadly in line with other operators. Nor did they argue a renewal of track access would be required to commit to a fitment plan. Their case would have been stronger if they did have a solid justification for the standard approach not being appropriate for them, instead they were relying on the dubious argument that their secondary locking operated by stewards was equivalent in safety to CDL.
I do agree WCR's presentation of their case has been inadequate and their current PR efforts ( see today's latest on their website) pretty extraordinary. Behind that though, I could believe that, in the situation as it is, there is not a secure commercial business case for fitting CDL to Mk 1s to work on the Jacobite.
 

Bill57p9

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WCRC have posted a notice on their website that they have stopped taking bookings for the Jacobite. Apparently they are having a "debate" with ORR. The statement claims they have been treated differently to other MK1 & MK2 operators. Interesting given the court disagreed....
 

Forty29

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WCRC have posted a notice on their website that they have stopped taking bookings for the Jacobite. Apparently they are having a "debate" with ORR. The statement claims they have been treated differently to other MK1 & MK2 operators. Interesting given the court disagreed....
Operation of the Jacobite looks like it is to be reviewed after 8 April as only cancelled until then, don't know what they expect to happen to prevent further postponement in the meantime.
 

Wolfie

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WCRC have posted a notice on their website that they have stopped taking bookings for the Jacobite. Apparently they are having a "debate" with ORR. The statement claims they have been treated differently to other MK1 & MK2 operators. Interesting given the court disagreed....
Wah, it's not fair..... Utterly pathetic bilge.
 

fgwrich

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I forgot about the bubble car, fair point. Has such a system ever been fitted to LHCS? I think it’s only been used on 1st gen multiple units so far but I guess it would be a similar arrangement.

I've not read back through the last 27 pages, but the same system is also fitted to the London Underground TC. So in a way, yes.
 

Watershed

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WCRC have posted a notice on their website that they have stopped taking bookings for the Jacobite. Apparently they are having a "debate" with ORR. The statement claims they have been treated differently to other MK1 & MK2 operators. Interesting given the court disagreed....
The fact they call it a "debate" tells you everything you need to know about their attitude to safety compliance - they treat it as some sort of "nice to have" or something to be negotiated over.
 

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