WEST Coast Railways has said it will now work with the Office of Rail and Road (ORR) on finding a long-term solution regarding the use of hinged doors on its trains, after the High Court decided that the ORR’s decision to revoke a certificate allowing WCR to use such stock was lawful.
WCR had challenged the ORR via the High Court on five grounds: the ORR misinterpreted the Railway Safety Regulations, the ORR unlawfully fettered its discretion, the ORR failed to take relevant considerations into account, the ORR’s decision was a disproportionate interference with WCR’s right to the protection of property under Article 1, Protocol 1, of the European Convention on Human Rights and that the ORR’s decision was irrational at common law given its disproportionate and draconian effect.
However, the High Court found in favour of the ORR on all five grounds.
In a statement, the ORR said: “ORR welcomes the decision of the court. As the rail regulator, we are committed to ensuring the safety of all passengers. Other charter heritage operators which use the main line railway have made the necessary investment to install Central Door Locking on ‘hinged door’ carriages and it remains open to West Coast Railways to do the same. Such converted carriages can both retain their heritage appeal yet also reflect minimum modern safety standards.”
