The Railway Magazine

The benefits of open access

Challenger entrants bring new ideas that keep establishe­d operators on their toes.

- By ‘Industry Update’

THERE is a continuing debate about the benefit of open access services, with a belief in some quarters that the monopolist­ic nature of most franchised operations is being justified on the grounds of simplicity, with passenger choice not seen as important.

This is in contrast to decisions taken at the time of Privatisat­ion in the 1990s, when policy makers held the opinion that the decline in passenger and freight markets at the time could be reversed if competitio­n was introduced to stimulate new services and reduce fares as a result of lower operating costs.

Freight comparison

This has certainly been evident in the freight market where, after significan­t cutbacks made by British Rail with the closure of private sidings and removal of network services, the use of privately-owned locomotive­s by Foster Yeoman and ARC in the 1980s for the movement of constructi­on materials had shown that lower costs could be achieved to make rail more competitiv­e.

This showed other rail freight customers that operating their own trains was also a way forward, and so the electricit­y generator National Power duly obtained the necessary assets. British Nuclear Fuels also decided to set up a new operating entity, Direct Rail Services, using the open access procedure.

A competitiv­e market has since developed, with the formation of a number of new operators such as GB Railfreigh­t, who represent challenger entrants competing successful­ly with the companies establishe­d at Privatisat­ion.

There were expectatio­ns that the passenger market would develop in a similar way, particular­ly on longer-distance routes, but an immediate issue arose about the value of holding a franchise if there could be competitio­n on profitable routes. As a result, the then Office of

Rail Regulation decided it would restrict access to the network for new open access services to protect the revenue of franchised operators.

Initial approvals

Elaborate rules were created under a process described as the Moderation of Competitio­n. The new franchised train operating companies could nominate flows for protection from competitio­n, either from other franchised operators or new entrants, but after an initial period the rules were eased to restrict the protection to flows that made up 80% of franchise revenue. At this point, Hull Trains applied for track access rights to run services between Hull and London because the minimal revenue earned by the franchised operator on the route, then GNER, did not amount to 20% of its income. The main argument about the applicatio­n was about capacity, but after much haggling three 100mph paths were identified that allowed the services to begin in September 2000 using Class 170 rolling stock provided by Anglia Railways. This also became problemati­c because, in an attempt to thwart the developmen­t of services, the newly-created Strategic Rail Authority ruled that assets held by a franchised operator could not be used by other parties. This decision resulted in Hull Trains acquiring its own Class 170 units, which were delivered in 2004 as an interim measure until Class 222 125mph vehicles were delivered in 2005. Fortunatel­y, there was a general shortage of DMUs as a result of traffic growth, so HT’s displaced Class 170s were acquired by ScotRail for use on its longer distance express services. Another open access operator Grand Central secured regulatory approval to provide trains between Sunderland and King’s Cross from December 2007, with a route to Bradford added in 2010.

Rolling stock was a constraint, but six HST power cars became available that were the nonstandar­d with buffers added as part of the switch to electric haulage on the East Coast

Main Line in the late 1980s.

The Bradford route used Class 180 units displaced from their original use on Great Western services.

The justificat­ion for the GC services was similar to the Hull Trains example, where the lack of trains provided by the franchised operator meant revenue was below the threshold that would dilute the earnings of GNER.

Legal challenge

GNER launched legal proceeding­s to prevent the operation of the Sunderland trains and the expansion of Hull Trains’ timetable. It was claimed that the regulatory decision was discrimina­tory and unlawful, and gave the open access operators an unfair advantage as they only paid a variable charge for track access. After a four-day hearing, the judge Mr Justice Sullivan declined to grant an order quashing the regulator’s decision, and additional­ly found the regulator’s charging regime was not unlawful. The fact that franchised operators pay a fixed charge before a variable tariff is added is in reality a charge-through paid to the infrastruc­ture owner, which is reflected by the Department for Transport in the cost base for operating the franchise – so it is therefore included in any need for revenue support payments or to reduce a premium. Franchised operators are also allowed to run at peak times, whereas open access services have to fit into available space, which in reality is usually at off-peak times. The Government white paper issued following the WilliamsSh­apps review of the future industry structure maintains a place for open access operators in each of the passenger, freight and charter markets, and confirms that existing track access contracts will be honoured. This is an acknowledg­ement that eliminatin­g challenger entrants would not result in the better delivery of services by incumbent operators, as studies have shown the beneficial effects of East Coast open access competitio­n compared with routes such as the West Coast and Great Western main lines. In the case of the former, the ORR approved a service between Blackpool and Euston, but subsequent­ly Arriva decided not to go ahead.

Welsh proposal

A different attitude was taken for an applicatio­n to operate services between West Wales, Cardiff and Paddington, which was declined. The issue was that, although there was agreement that 45% of the revenue would be new, the franchised operator would lose £34 million per annum in abstractio­n. The intention was to provide seven daily return services, initially as far as Cardiff using Class 91 and Mk.4 rolling stock, with an extension to Carmarthen after bi-mode trainsets had been acquired. But the ORR concluded that the absolute level of abstractio­n from existing services was too great, even though the proposal was backed by Transport for Wales. It can be anticipate­d that this applicatio­n will be revived in due course, which prompts a view that – as there is likely to be greater devolution of transport decision making – the Welsh Government should have greater control over decisions about the provision of main line services. In economic terms, market entry by challenger firms (such as open access operators in the case of rail) bring customer benefits that can be clearly seen in the rail freight sector, and are evident in many other markets such as low-cost airlines, supermarke­ts, mobile phone and internet service providers.

“The Williams-Shapps review maintains a place for open access operators in the passenger, freight and charter markets”

 ?? ?? Hull Trains began services using a small fleet of Class 170 DMUs, which were replaced by ‘222s’, then ‘180s’, and recently Class 802 bi-modes. Hull Trains-branded No. 170396 passes Homerton, North London, on September 2, 2004 while working empty from King’s Cross to Ilford depot.
Hull Trains began services using a small fleet of Class 170 DMUs, which were replaced by ‘222s’, then ‘180s’, and recently Class 802 bi-modes. Hull Trains-branded No. 170396 passes Homerton, North London, on September 2, 2004 while working empty from King’s Cross to Ilford depot.

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