Railways: FAQ for 2020 - BRIEFING PAPER Number CBP 8731, 25 February 2020 - UK Parliament
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BRIEFING PAPER
Number CBP 8731, 25 February 2020
By Louise Butcher
Railways: FAQ for 2020
Contents:
1. Introduction
2. The basics
3. Passenger rights and concerns
www.parliament.uk/commons-library | intranet.parliament.uk/commons-library | papers@parliament.uk | @commonslibrary2 Railways: FAQ for 2020
Contents
Summary 3
1. Introduction 4
2. The basics 5
2.1 Who is responsible for rail? 5
2.2 How does devolution to the nations of the UK affect rail policy and
delivery? 6
2.3 How does devolution across England affect rail policy and
delivery? 7
2.4 What is the Williams Review, what will it say and when is it going
to report? 7
2.5 Is HS2 going ahead? 8
2.6 When is London’s Crossrail opening? 9
2.7 What is Northern Powerhouse Rail and is it happening? 9
2.8 How can you get a local rail scheme off the ground? 10
2.9 How can a local train station get funding for improvements? 10
2.10 How ‘green’ is the railway? 11
2.11 What can be done about noise from the railway? 12
2.12 What impact will Brexit have on rail? 13
3. Passenger rights and concerns 15
3.1 How reliable is my local rail service? 15
3.2 Why doesn’t the Government take action against poorly
performing train companies? 15
3.3 How can you raise a complaint about your rail service? 16
3.4 What compensation are you entitled to for a delayed or cancelled
journey? 17
3.5 What are the rights of passengers with a disability on the railway?
18
3.6 Why do rail fares keep going up? 19
Cover page image copyright R~P~M – 357016 and 357030 at London Fenchurch Street on
2nd August 2019 via Flickr [cropped]3 Commons Library Briefing, 25 February 2020
Summary
This paper has been written specifically for Members of Parliament and their staff, though
others may find it of general interest.
It is a compilation of regularly asked questions about rail-related issues. There is no
intended link between articles other than that the topics are often the subject of enquiries
by Members, usually on behalf of their constituents.
It covers the following issues:
• Who runs the railway and how it is structured across the nations of the UK;
• The Williams Review on the future of rail;
• Infrastructure schemes such as HS2, Crossrail and Northern Powerhouse Rail;
• Getting a local rail scheme off the ground and finding funding for a local station;
• Decarbonising rail travel and tackling noise pollution;
• The impact Brexit will have on rail;
• Service reliability and performance – including penalties for poor performance;
• Making complaints about a rail service and claiming compensation;
• The rights of passengers with a disability; and
• The cost of rail travel.
Further details on these issues and more can be found in a suite of Commons Library
briefing papers, available on our website.4 Railways: FAQ for 2020
1. Introduction
This paper has been written specifically for Members of Parliament and
Commons Library
their staff, though others may find it of general interest.
briefing papers on
It is a compilation of regularly asked questions about rail-related issues. rail are available on
There is no intended link between articles other than that the topics are our website.
often the subject of enquries by constituents of Members.
Please note that nothing in this paper should be considered as constituting
legal advice. It is not intended to address the specific circumstances of any
particular individual. A suitably qualified professional should be consulted if
specific advice or information is required.
Transport policy largely emanates from the Department for Transport (DfT)
and its agencies, non-departmental pubic bodies and other offshoots. Some
aspects of policy – such as decarbonisation and climate change – come
under the overall control of other departments.
In Parliament transport policy is largely scrutinised by the Transport Select
Committee, though those policies covered by other departments may well
attract attention from other committees. For example, in the 2017
Parliament air quality was an issue of concern for the Environment Food
and Rural Affairs, Environmental Audit Committee, Health, and Transport
Committees. Separately, the Public Accounts Committee looks at issues
across Government departments, largely based on reports by the National
Audit Office (NAO), including rail matters.
The House of Lords has its own committees that consider transport issues
and there are All Party Parliamentary Groups (APPGs), which are informal
cross-party groups that have no official status within Parliament. They are
run by and for Parliamentarians from both Houses and often involve
individuals and organisations from outside Parliament in their
administration and activities (e.g. APPG on rail).
Regarding statistics and data, Transport Statistics Great Britain (TSGB) is
the DfT’s main statistical compendium analysing trends in British transport.
The authorities in Wales, Scotland and Northern Ireland publish their own
data. Railway statistics for Great Britain are produced primarily by the
Office of Rail and Road (ORR) and in Northern Ireland by the Department
for Infrastructure.
A range of international transport statistics are available online, the primary
providers being the OECD, the World Bank and the World Health
Organisation.5 Commons Library Briefing, 25 February 2020
2. The basics
2.1 Who is responsible for rail?
Following privatisation in 1993, British Rail was divided into two main parts:
the national rail infrastructure (track, signalling, bridges, tunnels, stations
and depots) and the operating companies whose trains run on that
network. Other parts – such as trains and freight services – were hived off
separately.
The infrastructure is owned, maintained and operated by Network Rail, a
publicly-owned company, with the exception of the HS1 route through Kent
and the Core Valley Lines (CVL) in Wales, which are maintained and
operated by private companies under agreements with the UK and Welsh
Governments respectively.
Rail maintenance and upgrades are planned on a five-yearly basis as part of
the industry-wide Periodic Review. The industry is currently in Control
Period 6, which covers the period 2019 to 2024. Enhancements (e.g.
electrification and new signalling) have, since 2017, been part of a separate
process, called the Rail Network Enhancements Pipeline (RNEP). The first
update of projects within this pipeline was published in October 2019.
These programmes of work are publicly funded, though there is a small
number of schemes in the RNEP that could be privately financed.
Network Rail is regulated by the Office of Rail and Road (ORR), which is also
the safety regulator. It does not regulate rail services.
Rail services are run by privately-owned train operating companies (TOCs)
and freight operating companies (FOCs). Passenger services are let as
multi-year franchises by the DfT, Scottish and Welsh Governments, except
in London and Merseyside where they are let as concession agreements by
the relevant local body. There is currently one franchise – London North
Eastern (LNER) – that is operated by the designated ‘Operator of Last
Resort’ or OLR on behalf of the DfT, but not under a franchise agreement.
The OLR is supported and advised by Arup, SNC Lavalin and EY.
There are a limited number of ‘open access’ operators on the network, who
run rail services outside of the franchising process by securing timetable
slots from the regulator (e.g. Hull Trains, Grand Central).
The trains (rolling stock) are owned by private rolling stock leasing
companies (ROSCOs) and leased to the TOCs. The franchising authority (DfT,
Scottish and Welsh governments) have a significant say in the types of
trains that TOCs lease through the detailed Franchise Agreements.
Railway stations are owned by the network operator, most being leased to
the TOC that is the main user of that station. Network Rail retains the
operation of the main passenger terminals, including all the major stations
in London.
There are two passenger users’ groups that speak for the passenger,
undertake research on their views, and can assist with complaints. They are
Transport Focus (for services outside London) and London TravelWatch (for
services in London).6 Railways: FAQ for 2020
The Rail Delivery Group (RDG) represents the industry and develops policy
on its behalf.
The Association of Community Rail Partnerships (ACorP) is a federation of
over 60 community rail partnerships and rail promotion groups, which
brings together railway companies, local authorities and the wider
community to promote and develop local rail services. They are funded
mainly by local authorities and the local train operator.
2.2 How does devolution to the nations of the UK
affect rail policy and delivery?
Railways in Northern Ireland are completely devolved, governed by
You can read more
separate legislation and managed in a different way. The services and
about rail and other
infrastructure are operated by a number of companies, all owned by the
transport issues in
state-owned Translink. The NI Department for Infrastructure has NI, Scotland and
transposed key EU rail legislation directly into NI law. Wales from:
Across Scotland and Wales there is some devolution, but other areas Research and
remain ‘reserved’ – meaning that responsibility resides with the UK Information Service
Government. (RaISe) for the
Northern Ireland
In Scotland, Schedule 5, Part II, Head E of the Scotland Act 1998, as Assembly;
amended, prescribes those areas reserved to the UK Parliament; everything Scottish Parliament
else is devolved. The 1998 Act was substantially amended in 2012 and Information Centre
2016. In general, the provision and regulation of railway services is a (SPICe); and
reserved matter except for those that both begin and end in Scotland, Research Service of
which are devolved. This includes rail safety and security. The Scottish the National
Government is responsible to letting and managing the Scotrail and Assembly of Wales.
Caledonian Sleeper franchises, setting regulated rail fares and determining
Network Rail’s priorities and funding for projects in Scotland.
Transport Scotland was established as an executive agency of the then
Scottish Executive in January 2005. It is the national transport agency for
Scotland and has a directorate dedicated to delivering rail services and
projects.
In Wales, the original devolution settlement under the Government of
Wales Act 1998 did not equip the National Assembly for Wales with primary
law-making powers, and most transport policy remained under
Westminster control. In 2014, the Silk Commission recommended that the
National Assembly should move to a reserved powers model like Scotland.
This was then enacted by the Wales Act 2017.
Schedule 7A, Part II, Head E prescribes those areas reserved to the UK
Parliament, including some road and rail transport, and almost all aviation,
maritime and transport security matters. The main devolved areas are in
local and public transport and the Wales & Borders rail franchise. However,
infrastructure planning and the funding of Network Rail in Wales remains
reserved, unlike in Scotland where this aspect is devolved.
Transport for Wales (TfW) was established in 2015 as a wholly-Welsh
Government owned company. Its rail unit, TfW Rail Services, run by
KeolisAmey, operates the Wales and Borders franchise.7 Commons Library Briefing, 25 February 2020
2.3 How does devolution across England affect rail
policy and delivery?
Since 2010 a profusion of local and regional bodies has emerged with
different levels of responsibility for transport funding and planning. These
include the traditional two tier (county and district) councils, unitary
councils, combined authorities – with and without elected mayors, local
enterprise partnerships (LEPs), integrated transport authorities and sub-
national transport bodies (STBs). Some areas have ‘devolution deals’ with
the Government, each delivering different levels of responsibility for local
transport.
Ultimately the Department for Transport is responsible for determining all
rail infrastructure projects and letting the contracts for all the rail franchises
in England (excepting those on the Transport for London rail network and
Merseyrail in the North West). Local areas can contribute to the decisions
the DfT takes by feeding in at an early stage, e.g. during consultations on
new franchise specifications. Transport for the North (and any future STBs,
should any be formally designated) provides advice to DfT as part of its
statutory powers by e.g. publishing a regional strategic transport plan,
which the Secretary of State must ‘have regard’ to.
Local authorities and LEPs can support local and regional rail schemes in
their areas through different funding streams, including the Local Growth
Fund. These include things like rail station upgrades and small
improvements works like signalling upgrades over limited sections of track.
In London the Mayor of London and Transport for London (TfL) let contracts
to run the London Overground rail network and TfL Rail, but all the main
stations and the tracks remain the responsibility of Network Rail.
A number of metro mayors are keen to see their rail powers extended so
that they can have more power over the design and oversight of their local
rail networks (like the Mayor of London). The 2019 Conservative Manifesto
committed to “giving metro mayors control over services in their areas”.
2.4 What is the Williams Review, what will it say
and when is it going to report?
In September 2018 the then Secretary of State for Transport, Chris Grayling,
commissioned a ‘root and branch’ review of Britain’s railways, with an
independent chair – Keith Williams.
Williams has been gathering evidence, talking to the industry, passengers
and freight customers, and working with the DfT on a White Paper that will
contain short- and longer-term plans to overhaul the way that the railway
works.
Williams has given a number of speeches and the review has published a
series of papers setting out initial thoughts about where the problems with
the industry lie and what principles Williams intends to apply to address
them [all on the Rail Review website].
He has highlighted a number of areas he is looking at, including: better
access and accessibility; tackling fragmentation and short term thinking;8 Railways: FAQ for 2020
and ensuring financial sustainability. Williams has been clear that
franchising cannot continue in the way that it is today, because it is no
longer delivering clear benefits for either taxpayers or farepayers; that
some kind of ‘guiding mind’ to direct the industry is needed and that the
regions must have their say.
The Review was expected to be published before the end of 2019 but given
the General Election this is likely now to be early 2020, possibly late January
or February. Any structural reform that involves a change in statutory
responsibilities will require primary legislation.
Grant Shapps, who was appointed Conservative Secretary of State for
Transport in July 2019, has said that “the existing rail franchise system has
run its course”, that he wants to see longer concessions to drive private
sector investment and that there should be a single individual with overall
responsibility for the railway (the ‘guiding mind’). The 2019 Conservative
Manifesto said that: “The railways need accountability, not nationalisation.
So we will end the complicated franchising model and create a simpler,
more effective rail system, including giving metro mayors control over
services in their areas”.
2.5 Is HS2 going ahead?
On 11 February the Prime Minister, Boris Johnson, committed to building
HS2 in its entirety, though with some caveats as to its management,
bringing costs under control and changing how certain parts of it would be
delivered in future (i.e. peeling away delivery of Euston and Phase 2b from
HS2 Ltd.). This included a commitment to revise Phase 2b of the scheme to
integrate it fully with plans for Northern Powerhouse Rail.
The Prime Minister told the House of Commons that the Cabinet had “given
high-speed rail the green signal. We are going to get this done, and …
ensure that we do so without further blow-outs on either cost or schedule”.
He also said that “we will start treating HS2 north of Birmingham, Northern
Powerhouse Rail and other local rail improvements as part of one
integrated masterplan: high-speed north”.
Following the Prime Minister’s speech the Government published the long
awaited Oakervee Review into HS2, on the basis of which the Government
took its decision to proceed, and has subsequently published the terms of
reference for an integrated rail plan for the North and Midlands. The plan
will be informed by an assessment from the National Infrastructure
Commission (NIC).
Despite the Prime Minister’s announcement, Phase 1 does not yet have
formal Notice to Proceed (NTP). This is a process commonly used in
construction contracts. It is a notification letter from the Transport
Secretary to the companies who have won the construction contracts to
allow them to begin works (‘spades in the ground,’ as it were). On 11
February Baroness Vere, the Transport Minister in the House of Lords,
confirmed that the Government intends to publish a new ‘final’ business
case for Phase 1. The NTP will be published alongside it. It is not yet clear
when this will happen.9 Commons Library Briefing, 25 February 2020
The hybrid bills that provide Parliamentary authority in principle and
detailed planning permission for each phase of HS2 go through a particular
parliamentary procedure. This includes a specially convened select
committee that sits to hear public petitions about the scheme by those
directly affected by its construction.
Phase 1 to the West Midlands is contained in the High Speed Rail (London -
West Midlands) Act 2017, so there is nothing further for Parliament to vote
on legislatively. The Bill for Phase 2a (from the West Midlands to Crewe)
was going through the House of Lords when the 2019 General Election was
called and is expected to be revived for the 2019-20 session. The Bill passed
all its Commons stages in the 2017-19 Parliament.
The Bill for Phase 2b (from the West Midlands to Leeds and from Crewe to
Manchester) was due to be presented to Parliament by the end of 2020.
This timetable has clearly slipped. It is now unclear when the Government
will bring it forward, or even if it will still be a single Bill given the further
work that will now be required to integrate the scheme at the planning
stage with other rail projects across the North.
2.6 When is London’s Crossrail opening?
Crossrail (the Elizabeth Line) is the plan to join the mainline railways to the
east and west of London through the construction of two tunnels beneath
central London from Paddington to Liverpool Street. When the project is
complete, Crossrail services will run from Maidenhead and Heathrow in the
west to Shenfield and Abbey Wood in the east. Overall, it will provide a 10%
increase in London’s rail transport capacity.
The Department for Transport and Transport for London (TfL) are jointly
sponsoring the Crossrail programme. Crossrail Ltd, a wholly owned
subsidiary of TfL, is responsible for delivering an operational railway.
Network Rail is undertaking work to improve existing surface infrastructure
to meet the needs of the new service. In July 2014, TfL awarded the
contract to operate Elizabeth line services to MTR Crossrail.
Delivery of the programme has been beset with delays and overspend.
Crossrail services were originally intended to be introduced between May
2018 and December 2019, with a full through service operating from the
latter date, over a period of two years that date has been continually
shifted and has now been put back to sometime in late 2021. At the same
time costs have increased – from £14.8 billion in the 2010 Spending Review
to an estimated £18.25 billion according to the most recent estimates from
TfL. The project is co-funded by London farepayers, local taxpayers and
businesses and the Treasury.
2.7 What is Northern Powerhouse Rail and is it
happening?
Over the past four or five years there has been a flurry of proposals to
upgrade the rail network across the North of England. Different names have
been attached to these proposals, which began to coalesce around the idea
of the ‘Northern Powerhouse’.10 Railways: FAQ for 2020
Initially there was talk of ‘High Speed 3’ (HS3) – a plan to build a new ‘high
speed rail’ connection across the Pennines. Gradually this morphed into a
wider concept of ‘Northern Powerhouse Rail’ (NPR), extending beyond the
initial idea of HS3. The term NPR is now generally used to refer to the wider
programme of strategic rail projects across the North.
As explained in 2.3 above, Transport for the North (TfN) is the sub-national
transport body for the North of England. It is tasked with setting out the
requirements of the pan-Northern transport network through the Strategic
Transport Plan (STP) for the North. This includes a commitment to NPR,
including the trans-Pennine rail scheme.
In his speech to Conservative Party conference in October 2019 the Prime
Minister indicated his support for NPR, confirmed by the Secretary of State
for Transport in a statement to Parliament on 31 October. The 2019
Conservative Manifesto said: “We will build Northern Powerhouse Rail
between Leeds and Manchester and then focus on Liverpool, Tees Valley,
Hull, Sheffield and Newcastle”.
2.8 How can you get a local rail scheme off the
ground?
As explained in 2.2 and 2.3 above, there are now various bodies – which
differ according to where one lives – that would be responsible for
developing rail schemes, and various pots of funding that can be accessed
for local transport schemes.
As transport schemes are usually capital projects, in England outside
London the bulk of available funding comes through Local Enterprise
Partnerships (LEPs); though local authorities would still be expected to
make the case for and contribute funds to local schemes. To get off the
ground any scheme would need a feasibility study and a business case. The
likelihood of a local authority or a LEP taking up a particular scheme would
probably be founded in their wider strategic and local transport plans, for
which they will have done a great deal of survey and assessment work.
In addition, for rail projects Network Rail would have to be persuaded of
the value of any scheme and include it in its forward planning programme.
It has its own Governance for Railway Investment Projects (GRIP)
programme that describes how it manages and controls infrastructure
projects from inception to operation.
2.9 How can a local train station get funding for
improvements?
There are a number of funds available to station operators (usually the
main train company that runs services through the station) for
improvements of one sort or another.
The main ones are Access for All scheme (AfA), the National Stations
Improvement Programme (NSIP), the Station Commercial Project Facility
(SCPF) and the New Stations Fund. Other funding may be available from the
Local Enterprise Partnership, including growth funding or money made in
settlement of a City or Devolution Deal.11 Commons Library Briefing, 25 February 2020
The major source of funding for improvements to railway stations to make
them more accessible is the Access for All (AfA) fund, announced by the
Labour Government in 2006 and supported by all Governments since then.
The scheme has been through various iterations and currently supports
schemes of differing size.
Stations are nominated for funding by the relevant local delivery group (i.e.
in England Network Rail and the relevant train operating company/ies). The
schemes that will be funded as part of Control Period 6 (2019-24) were
announced in April 2019.
There has been some controversy about the amount of funding available
for the scheme, particularly during Control Period 5 (2014-19), and the
postponement of schemes to 2019-24.
The National Stations Improvement Programme (NSIP) is a joint scheme
between Network Rail and train operating companies to deliver better
stations across England and Wales. The scheme began in 2008 and is
designed to support things such as passenger information and facilities,
delivered between 2014 and 2019. The scheme is accompanied by funding
from third parties.
The Station Commercial Project Facility (SCPF) is intended to enable the
funding of projects that improve station environments and the passenger
experience, while reducing the cost of the railway to taxpayers. Train
companies and local authorities have applied for two rounds of funding,
subject to meeting the qualifying project criteria.
The first round, which ran between 2009 and 2014, supported the delivery
of 47 projects around the country including new car parks, station
redevelopments and ticket gating. The second round, for 2014-19 was
announced in March 2016. There were eight successful projects, worth over
£16 million.
The New Stations Fund is intended to help towards the cost of building new
stations across England and Wales. The fund, worth £20 million, is
distributed through a competition, giving all promoters of new stations
meeting the conditions an equal opportunity of securing a funding
contribution. The first competition ran in 2013 with funding for five
stations. The second round ran in 2016 and required bidders to provide
matched funding of the project cost. In July 2017 the Government
announced that five new stations would be funded from the scheme, in
County Durham, Cheshire, Reading, Ceredigion and Bristol.
2.10 How ‘green’ is the railway?
Rail is a relatively low-carbon transport mode—although this will depend on
the mode of traction and how power for a journey is generated. Overall rail
comprises less than 2.5% of total transport emissions and only about 0.6%
of the UK’s total emissions, while accounting for 9% of distance travelled in
England. In February 2018 the then rail Minister Jo Johnson said that he
would “would like to see us take all diesel-only trains off the track by 2040”.
Since then the industry has been focussed on reducing emissions and put12 Railways: FAQ for 2020
forward its proposals for decarbonisation in a July 2019 report by the
industry-wide Rail Decarbonisation Taskforce (RDTF).
The RDTF concluded that the removal of diesel-only passenger trains from
the national rail network by 2040 is achievable and that rail can actively
contribute to the Government’s net zero carbon by 2050 target. There are
two main ways of doing this: by electrifying more of the rail network and
developing the two technologies that are likely to be sufficiently mature to
make a significant decarbonisation impact by 2040: hydrogen and battery
power. There are also small-scale schemes that utilise renewable energy.
However there remains a big challenge to decarbonise heavier, largely
diesel-reliant, rail freight trains.
A rolling plan of electrification was put forward by the Rail Industry
Association (RIA) in a February 2019 report. This concluded that
electrification should be seen as the first choice in a hierarchy of options for
decarbonising the rail network by 2040.
There has been some disagreement about the ‘green’ credentials of the
HS2 rail scheme (see 2.5, above), in terms of carbon emissions and impact
on the natural environment. The Oakervee Review has been tasked with
considering the scheme’s environmental benefits, including its carbon
impact.
2.11 What can be done about noise from the
railway?
Often there are complaints about railway noise near people’s homes (e.g.
freight trains idling at night).
Generally speaking, it is for local authorities to deal with noise pollution;
anyone unhappy with how their council deals with a complaint may
consider referring the matter to the Local Government Ombudsman.
There is no entitlement to compensation from everyday use of a railway;
though one might be able to get compensation (in the form of insulation) if
noise increases in the long term due to a new or altered railway line,
particularly if it affects the value of one’s property.
Anyone affected can also try contacting the relevant train company/ies. For
freight their names will be obvious from the vehicles, with the vast majority
of services operated by five companies. In particular, if there is an issue
with driver behaviour (idling, using the horn etc.) this is something that the
freight company is best placed to address.
While there is no statutory limit for railway noise, both Network Rail (the
infrastructure owner) and train operators are subject to the statutory
nuisance provisions of the Environmental Protection Act 1990, as amended,
which are enforced by district councils. There has been some concern about
whether local authorities’ powers to serve an abatement notice on Network
Rail under the 1990 Act are limited by section 122(3) of the Railways Act
1993, as amended. Section 122 provides railway companies with some
defence when they are working as a statutory authority, but it is not open
ended. The Department for Transport’s view has generally been that a local
authority can use the 1990 Act to take a train company (or any other13 Commons Library Briefing, 25 February 2020
relevant ‘statutory authority’) to court. It would have to show that the noise
generated was greater that might be reasonably thought necessary in order
for the company to carry out its statutory functions.
In terms of compensation, the Land Compensation Act 1973, as amended,
provides, in sections 1 and 9, for compensation to be payable where the
value of a property is adversely affected by physical factors caused by the
use of new or altered public works including railways. The Noise Insulation
(Railways and Other Guided Systems) Regulations 1996 (SI 1996/428), as
amended, were made under section 20 of the 1973 Act. They create a duty
in the case of new lines and additional tracks constructed alongside existing
lines, to provide insulation, or a grant for the costs of carrying out insulation
works, when noise exceeds certain levels. The Regulations also include
discretionary powers to provide grants for homes affected by altered lines
or the noise of construction work.
Finally, on the technical specifications for the maximum noise of train
horns, there are two standards:
• Railway Group Standard GERT8000 TW1 gives domestic rules; and
• Table 6 in the Annex to the EU Technical Standard of Interoperability
(TSI) for noise (CR NOI TSI) gives European rules (in EU rules the
maximum volume of the horn is defined in relation to the maximum
permissible noise inside the driver’s cab).
2.12 What impact will Brexit have on rail?
On 23 June 2016 the United Kingdom voted to leave the European Union.
The then Prime Minister, Theresa May, triggered Article 50 of the Treaty on
European Union on 29 March 2017 to begin the process of exit. Exit Day is
legislated for 31 January 2020, after which the implementation/transition
period will commence. This will end, by default, on 31 December 2020.
The EU’s competences in transport are set out in the EU Treaties, which
There is a significant
provide the basis for any actions the EU institutions take. The EU has a
amount of transport
Common Transport Policy (CTP) contained in Title VI of the Treaty on the
law and regulation in
Functioning of the European Union (TFEU) (Articles 90 to 100). the UK that applies
The impact of Brexit on the rail industry and rail travel is not likely to be as a direct result of
significant – most attention in the transport sector is focused on aviation our membership of
and road haulage. However, there are two issues to be aware of: the EU. The key
legislation is set out
• International/cross-border rail services – the Government and the in: HMG, Key EU
EU have agreed that bilateral arrangements should be established, as transport legislation,
appropriate, for cross-border rail services, including to facilitate the 14 May 2013
continued smooth functioning and operation of rail services, such as
the Belfast-Dublin Enterprise Line and services through the Channel
Tunnel. Eurotunnel has insisted they are prepared for any Brexit
outcome.
• Rail standards/interoperability – the UK applies the Common EU
rules on this at present. The rail industry is broadly in favour of
retaining the common standards after Brexit and the Government
has said that any divergence would have to be “clearly in the UK’s
interests” and would follow consultation.14 Railways: FAQ for 2020
It is not apparent at this stage whether the UK intends to apply any
common EU rail-related law on, for example, market access, which could in
theory place some restraints on how the rail sector can be structured in
future (e.g. separate accounting for infrastructure and services,
independent regulation, mandatory competition for the operation of rail
service).
In 2018 the Government began to publish its ‘no deal’ preparation notices.
The relevant information relating to the rail sector is available on the
Gov.uk website, updated in May 2019.15 Commons Library Briefing, 25 February 2020
3. Passenger rights and concerns
3.1 How reliable is my local rail service?
The standard rail industry measure of performance is now Train Punctuality
at Station Stops (TPSS), introduced in April 2019. It shows the proportion of
trains arriving to the minute at every station on the timetable, known as a
‘station stop’, where technology allows (currently this can be measured at
80% of all stops and Network Rail is working to increase this).
The definition of ‘on time’ used for this measure is the percentage of
recorded station stops where the train arrived less than one minute later
than its advertised time.
There are two types of cancellation that count towards the measure:
• ‘Half a cancellation’ is when a train fails to stop at one or more of its
station stops.
• ‘A full cancellation’ is when a train completes less than 50% of its
planned journey.
All data is available from individual train company websites and the
Network Rail website (most recent data) and the ORR Data Portal (detailed
data going back several years, by individual train company and sub-
operator level).
Prior to April 2019 a public performance measure (PPM) showed the
percentage of trains that arrived at their terminating station ‘on time’. PPM
combined figures for punctuality and reliability into a single performance
measure and faced some criticism for failing to distinguish between
extreme lateness and a brief delay, which is part why it was replaced by
TPSS.
One further measure of note is the annual National Rail Passenger Survey
(NRPS), run by Transport Focus. It gives a network-wide picture of
passengers’ satisfaction with rail travel across 30 separate aspects.
3.2 Why doesn’t the Government take action
against poorly performing train companies?
One frequent frustration of passengers is the disconnect between their
experiences of delay and cancellations, how that is recorded in the
passenger-facing performance data and the legal performance standards
train companies are held to in their Franchise Agreements (FAs).
The FAs usually follow a standard template, and their legal performance
benchmarks are set out in Schedule 7.1 and its associated appendices (see
for example the relevant section of the Thameslink, Southern and Great
Northern FA). It is difficult to work out what the targets are or what they
represent as they are illustrated by way of ‘reporting periods’ of 28 days,
which are not calendar months.
Train companies can also apply to discount some of the figures if delays and
cancellations were due to extenuating factors (such as ongoing industrial
action or track works undertaken by Network Rail). This is why it can take a16 Railways: FAQ for 2020
long time for the Department for Transport to conclude whether a
franchise is in legal ‘breach’ or ‘default’ of its FA.
Where a train company does breach its legal performance requirements
there are a number of sanctions available to the Government (set out in
Schedule 10), ranging from a remedial plan to a penalty to termination of
the franchise (set out in Schedule 10.3). Because the FA is a commercial
contract between parties, the Government cannot act ‘arbitrarily’ with
regards to the franchise and has to abide by the letter of the contract.
3.3 How can you raise a complaint about your rail
service?
Rail passenger rights and responsibilities when travelling by rail in Great
There is a separate
Britain are set out in the National Rail Conditions of Travel and the
system in Northern
individual Passengers’ Charters of the train companies that run rail services.
Ireland via The
The NRCT were most recently revised in December 2019 and incorporate Consumer Council.
the relevant provisions of the Consumer Rights Act 2015.
There are two stages to making a complaint about a rail service:
1 to complain direct to the train operator; then
2 if their response is unsatisfactory, to contact the Rail Ombudsman.
Raising a complaint directly with a train operator is the quickest and easiest
option to resolve a complaint. Contact with the operator must be made
prior to submitting a formal complaint to the Ombudsman. It is important
to keep a record of your complaint, including all correspondence.
If you are not satisfied with the response received from the operator, you
can contact the Rail Ombudsman, which was set up in November 2018 to
investigate and rule on unresolved customer complaints. It has the power
to issue decisions, including on compensation, that are binding on the
industry.
For a complaint to be dealt with by the Ombudsman, it must meet certain
criteria, specifically:
• The complaint must be with a participating service provider;
• You must be over 16 years old or have a representative who is;
• 40 working days have passed since you first complained to the
service provider or you must have received a ‘deadlock’ letter; and
• Your complaint to the service provider must have been raised within
the last 12 months.
The Ombudsman will review the complaint and decide if it is something
they can investigate, or if it needs to be dealt with by another organisation,
such as Transport Focus (for GB excluding London) or London TravelWatch
(for London), the consumer watchdogs for the rail industry.
If the complaint is progressed by the Ombudsman, they will contact the
service provider to request a formal response to the complaint. This should
be provided within two weeks. They will then assess the application and the
service provider’s response, weighing up the evidence provided and taking17 Commons Library Briefing, 25 February 2020
into consideration the rights and obligations set out in law and what is fair,
reasonable and practical. If you are happy with the Ombudsman’s decision
you have 20 working days to accept; if you are unhappy there is no further
appeal and legal action remains the only remaining option.
3.4 What compensation are you entitled to for a
delayed or cancelled journey?
The question of what rail passengers are entitled to in the event of delays
Read more about
and/or cancellations has risen up the agenda over the past few years due to
the pros and cons of
ongoing delays and overcrowding, and in particular the effects of the May
different
2018 timetable failure in the North and the South East and ongoing compensation
industrial action across the network. arrangements in the
A passenger’s entitlement to compensation is mostly based on the relevant Commons
punctuality of a train service and much of the discussion below relates to Library paper, CBP
this. Under the terms of the Consumer Rights Act 2015, passengers may be 8572, May 2019.
able to claim compensation where a service has not been provided with
reasonable skill and care and within reasonable time. The terms and
processes around which compensation is payable under the 2015 Act are
less clear than when it comes to claiming compensation for delays.
Passengers also may be entitled to compensation for personal injury and
damages.
A passenger’s entitlement to compensation depends on the train company
they are travelling with. This is because train companies subscribe to
different compensation schemes, namely the Passengers’ Charter, Delay
Repay or Delay Repay 15.
• The Passengers’ Charter scheme was the original compensation
scheme and was based on the arrangements set out under
Conditions 32 and 33 of the National Rail Conditions of Travel.
• Most train companies now operate the ‘Delay Repay’ scheme under
which a passenger is entitled to claim 50% of the cost of a single fare
for delays of 30 minutes to an hour and 100% for delays of over an
hour. This is offered irrespective of the cause of the delay.
• From December 2016 train companies have been adopting ‘Delay
Repay 15’ – about half of all train companies currently offer this.
Under this scheme, eligible passengers can claim 25% of the cost of a
single fare for delays between 15 and 29 minutes.
It should be noted that for losses caused by the delay or cancellation of a
train service, a passenger can only recover up to the price of their ticket. In
exceptional circumstances, a train company may consider claims for other
losses at their discretion.
Now that almost all train operators have subscribed to the Delay Repay
scheme, season ticket holder entitlement to compensation is the same as
for single/return fares (with a different calculation for the value of a single
leg of a season ticket journey).
If there is a period of sustained poor performance (delays of 30 minutes or
more for 12 or more days in a specific period) season ticket holders may be
entitled to claim enhanced compensation over and above that provided for18 Railways: FAQ for 2020
under delay repay (e.g. Northern, Great Northern and Thameslink
passengers following the May 2018 timetable failures). It should be noted
that this sort of compensation is rare and only offered in exceptional
circumstances that lead to prolonged periods of disruption.
Passengers must generally apply for compensation, but automatic
compensation is given by some companies to customers who have boked
using the company website, smartcard or app.
3.5 What are the rights of passengers with a
disability on the railway?
Directive 2008/164/EC applies EU-wide standards of rail accessibility and
Regulation 1371/2007/EC sets out rail passenger rights and obligations.
Domestic law is scattered across primary and secondary legislation. Any
change to these rights after Brexit would require legislation to diverge from
the acquired standards.
All licensed train and station operators are required by the rail regulator
(the Office of Rail and Road, or ORR) to establish and comply with an
Accessible Travel Policy (ATP) (formerly a Disabled People's Protection
Policy). An ATP must set out, amongst other things, the arrangements and
assistance that an operator will provide to protect the interests of disabled
people using its services and to facilitate such use. The ORR’s recently
published 2019 Guidance forms the basis of its review and approval of
operators’ ATP.
Under EU Directive 2008/164/EC all rail vehicles must be accessible by 1
January 2020. Over the course of 2019 many expressed concerns that this
would not be achieved. This was confirmed on 19 December 2019 when the
Department for Transport announced that 1,200 carriages would be given
an unspecified time-limited dispensation from the requirements.
Passenger Assist is a service provided by train companies to passengers
with disabilities and others who require assistance with any part of their
train journey. Staff can help with planning a journey, booking tickets and
making reservations; they can also provide assistance at stations and on-
board trains. The service is free and available to anyone who needs
assistance due to a disability, temporary impairment, or older age. A
Passenger Assist app is currently being trialled by four train companies,
with the intention of rolling it out across the network.
There is a strong view that passengers with disabilities should not have to
book ahead, but should be able to ‘turn up and go’ and experience the
same service as anyone else using the railway. The Government has
indicated that this is the ultimate goal, but it is unclear how and when that
will become a reality. One of the issues currently preventing a full turn up
and go service is the question of how access will be provided at stations and
on trains where there are no staff to give assistance. The question of
staffing in the rail industry has been an ongoing issue for several years now
and remains controversial.19 Commons Library Briefing, 25 February 2020
3.6 Why do rail fares keep going up?
Find out more in HC
There are long-standing concerns amongst passengers about rail fares and Library briefing
the rate at which they increase. There are essentially two sorts of fares: paper Rail fares,
• Regulated fares (about 45% of fares, largely made up of London ticketing & prospects
commuter fares and season tickets), whose annual increase is capped for reform, CBP
– by the Secretary of State in England, Welsh Ministers in Wales and 8552, April 2019
Scottish Ministers in Scotland – and linked to the previous year’s July
2019 RPI figure; and
• Unregulated fares (all other fares, including first class and advance
purchase), which are set entirely at the discretion of the train
operators.
There has been some debate about the use of the Retail Price Index (RPI) to
calculate fare increases. Some have argued that the Government should
switch to the Consumer Prices Index (CPI) as a fairer measure; but the
Government has insisted that this would create an asymmetry due to how
RPI is used in other parts of the rail industry (e.g. pay) and that all rail
industry measures would have to move to CPI if fares did. The trades unions
have rejected this argument.
The key driver of higher fares over the past decade or so has been a policy
decision by consecutive governments to shift the burden of funding the
railways from the taxpayer to the passenger. The most recent data shows
that in 2017-18 the split was about 50-50 (passengers providing 51% of rail
industry income), a small decrease on the previous year. For the franchised
train operating companies alone, passenger income accounts for about
three quarters of the total (74%).
There are more fundamental arguments about how the railway is run that
touch on the issue of cost. There is a view that fares are high because the
British railway is inherently inefficient and that it costs more to build
infrastructure or to run operations than it does elsewhere. There are
varying explanations for this – some argue that there are higher costs
associated with the ‘fractured’ structure of the rail industry in Britain and
that a better integrated system (usually in the public sector) would bring
the overall costs down and allow for fare reductions. Others believe that
the private sector should be given more scope to innovate and compete ‘on
track’ on services and fares.
The Williams White Paper (see 2.4 above) is expected to address some of
these issues. It may also incorporate recommendations from the Rail
Delivery Group’s review of fares, published in February 2019. Amongst
other things, these proposals are intended to deliver a ‘best fare
guarantee’, so that customers would be assured that they would always be
paying the lowest fare available and would facilitate better use of
technology like online accounts, smartcards and smartphones to make
ticket buying simpler, so that customers are shown fares which match their
needs while screening out irrelevant choices that cause confusion.About the Library
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