As you have probably already heard the Department for Transport removed the requirement for Brighton services in the Cross Country franchise. Due to this action, three sections of track have thus had their passenger services withdrawn; these are Acton Poplar Junction to Acton Wells Junction, Acton Wells Junction to Willesden West London Junction and Latchmere Junction to Factory Junction.
The DfT decided instead of going through the process of a rail closure for these lines- both costly and time consuming, it would instead introduce a “parliamentary” service once a week, in order to keep the line officially open. However the DfT didn’t stop there, by exploiting a legislative loophole, they have been able to run this service not as a train but as a replacement bus service.
Before 1985 this would have been illegal, as the Transport Act 1962 (a successor of The Railway Regulation Act 1844) only permitted the Railways Board to provide an alternative to a rail transport service, by road, for the carriage of, goods, or if a rail service had been “temporarily interrupted”. In this circumstance the service has not been interrupted but discontinued. The Transport Act 1985 remedied that problem with the following replacing the statute held in 1962 act:
the Railways Board shall have power to secure the provision by other persons of services for the carriage of passengers by road where a railway service has been temporarily interrupted, or has been discontinued.
This gave the Railways Board considerably more power with the addition of just four more words. The addition of “discontinued services” allowed any rail service that was easily expendable to be replaced by a bus, on the whim of economisers at the Railways Board.
These powers transferred in the Railways Act 1993 to the Franchising Director, (appointed to sell the original passenger rail franchises to the private sector), although transferred, the powers themselves did not, in this instance, change. However the next transition for the powers was to the Strategic Rail Authority in the Transport Act 2000 This transfer also included a change, it gave them an even larger scope with the addition in the statute of:
Where it is not practicable for a service by road to correspond precisely to the railway service, which has been interrupted or discontinued, it may deviate from the route of that railway service.
Even where it is practicable for it to do so, the route and stopping places of a service by road provided where a railway service has been discontinued need not correspond precisely with the discontinued service so long as it broadly corresponds with the discontinued service in terms of the localities it serves.
*There was a similar clause in Transport Act 1985 but it was not as expansive as the latter clause.
So now they could- discontinue a rail service without a formal rail closure notice and consultation, replace this with a bus that could run just once a week in each direction and then finally deviate that bus from the original route it was actually replacing.
The final transition of these powers was to the DfT in the Railways Act 2005, which is where they lie now and it is their actions that have left us with the fiasco we are in now.
The bus in question runs Tuesdays Only 09:45, from Ealing Broadway to Wandsworth Road, neither of which were Cross Country stations, or had previously been receiving the withdrawn service. It calls at one intermediate station, Kensington Olympia, this is the only station of the withdrawn service the bus does call at. When it arrives at Wandsworth Road, it stays there for 2 hours 20 minutes, for no apparent reason (the driver has to bring a DVD along to escape the boredom) and then returns back to Ealing Broadway at 13:15.
The bus costs the DfT and Arriva Cross Country £500 per day (we are not sure how this is split as when asked, the DfT refused to comment) and will never carry a single genuine passenger. The reason for this, is that it is not advertised in a single public publication. The National Rail Timetable, the usual source for these types of services, has drawn a blank and it has been confirmed, not to have been entered into any other official railway system either. When the DfT were spoken to about this they claimed they had only just realised themselves the service was not in the public timetable and they were in the process of advertising the service at the stations the service calls at. How very competent of them.
My problem with this replacement bus service is not so much the blatant waste of taxpayers money or even the lack of passengers it will carry but the dangerous precedent it carries. The process of line closure has specific guidelines that must be satisfied before official closure, these guidelines do not make it easy for the body wishing to withdraw the service and rightly so.
The procedure is outlined currently in the Railways Act 2005 and the basic points that must be covered are as follows:
- give notice of its proposal for closure to the national authority, if it is not itself that authority
-
publish a notice, in two successive weeks—
(a)in a local newspaper circulating in the area affected by the proposal; and
(b)in two national newspapers.
-
hold a consultation with the following: the national authority for the purposes of that section, if the proposal affects Wales, the National Assembly for Wales, if the proposal affects Greater London, the Mayor of London, every Passenger Transport Executive whose area is affected by the proposal, every local authority in whose area there are persons living, working or studying who appear to the person carrying out the consultation to be persons affected by the proposal, the Rail Passengers’ Council, if the proposal affects its area, the London Transport Users’ Committee, every person designated by order made by the Secretary of State for the purposes of this Schedule as a body representing interests of railway passengers, every railway funding authority appearing to the person carrying out the consultation to be a party to financial arrangements that are or may be affected by the proposal, every person providing railway services who appears to the person carrying out the consultation to be affected by the proposal, every person providing station services in relation to a station affected by the proposal.
all of the above also are sent a copy of the notice and a summary of the initial assessment report on the closure.
- after carrying out all of the above, either withdraw the proposal or refer the proposal (with or without modifications) to the Office of Rail Regulation.
By taking the actions we have seen the DfT proceed with, all of the above is avoided and the preventative checks involved, bypassed. The laws introduced to protect the public’s interest are now serving to allow the DfT to bring in line closures, in all but name.
You might think this is the first instance this has occured, unfortunately the predecessor to the DfT, the SRA, did exactly same when withdrawing the passenger rail service on the Sheepcote Lane Curve (direct services between Reading and Waterloo via Kensington Olympia). The rail service ran Mondays to Thursdays only, 20:16 Pembroke Dock to London Waterloo (arriving 04:13) and Tuesdays to Fridays only, 05:05 London Waterloo to Maesteg (arriving 09:11). The SRA felt that its passenger figures were too low to continue funding and its original purpose to serve early morning Eurostar’s, no longer relevant, due to there being “no equivalently timed service that satisfies the low demand” that the service brought.
The rail service was duly cut in May 2004 and, surprise surprise, replaced with a road service, in this case a taxi that ran at the ridiculous time of 03.45 from Kensington Olympia arriving at Waterloo at 04:13 once a week. The return journey departed London Waterloo at 05:05. The SRA believed that the temporary taxi service fulfilled their legal obligation to run a passenger service over the line, pending the decision on closure by the Secretary of State.
The decision to close the line was signed by the Minister of State with responsibility for Rail and London at the DfT, at the time this was Tony McNulty and in his closure letter he made the following point
I note the point LTUC made in their report about providing replacement taxis before consent to proposed closure had been given, and I would encourage the SRA in future to maintain the railway service until after the proposal has been consented to, wherever this is practicable.
Evidently the DfT do not wish to listen to their own advice now that the responsibility for buses replacing rail services has transferred to themselves. What an organisation!
Please watch this space as a follow up article on this issue is due to appear once our Freedom of Information act request for further answers has been satisfied.
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