Emissions
The Non-Road Mobile Machinery (Emission of Gaseous and Particulate Pollutants) Regulations 1999 (NRMMR) set emission standards for, among others, train engines.
The UK has one of the highest proportions of non-electrified lines in the EU. As a result it relies more heavily on diesel than many other member states. The NRMMR has prevented the continued manufacture and sale of several models of diesel train, which has affected the variety of trains available and could potentially increase cost.
In order to alleviate this burden and to reduce the cost of procuring new diesel rolling stock, the UK may, in the event that a Full Brexit is chosen, opt to derogate from the NRMMR. However, this seems unlikely, especially in the face of the UK’s COP21 commitments, which are likely to override the short-term considerations.
Passenger Rights
The contracts of carriage for the international carriage of passengers and goods (CIV and CIM) Uniform Rules were developed by OTIF to deal with the movement of passengers between countries. Broadly, they grant rights to passengers in the event of death, injury or loss or damage to luggage.
The Uniform Rules are contained in the Convention concerning International Carriage by Rail (COTIF), to which the UK acceded by way of the Railways (Convention on International Carriage by Rail) Regulations 2005. These rules were subsequently strengthened by the Rail Passengers’ Rights and Obligations Regulations 2010 and applied by COTIF to domestic travel, following implementation of Regulation 1371/2007.
The recent super-complaint by consumer rights group Which? has brought attention to the access of passengers to these rights following delayed or cancelled trains. The ORR in this case made recommendations to improve awareness and the ease by which passengers can claim compensation.
Continuing controversy surrounding the Southern franchise industrial action has increased public scrutiny of the topic. The UK Government will want to avoid any perceived dilution of end users’ rights. As a result, it is unlikely that a Full Brexit will bring about changes in EU-derived legislation in this area.
Drivers
The Train Driving Licences and Certificates Regulations 2010 (TDLCR) introduced a continental driver licensing and certification system designed to:
- Make it easier for cross-border rail services to operate.
- Create a more flexible labour market for train drivers.
- Introduce common standards of driver training across Europe.
- Increase public confidence in the rail system through the requirement for certain groups of train drivers to hold a licence.
To achieve this, the TDLCRs impose language requirements and basic training at levels set by decisions of the European Council, which are then administered by ORR.
In the event of a Full Brexit, we do not consider it likely that these enacting regulations will be repealed. However, the increased autonomy afforded to ORR in making new legislation and optional compliance with future EC decisions may lead to a tailored, UK-specific driver certification regime in the medium to long term.
Implementation of ERTMS
In 2007, the DfT published its National Implementation Plan (NIP) for Implementation of European Railway Traffic Management System (ERTMS), setting out the Government’s intention to roll out digital signalling across the UK over the next 35 years.
The NIP was submitted to the Commission to meet the requirements of the High Speed Control Command & Signalling TSI and the Conventional Control Command & Signalling TSI. As discussed, depending on the model adopted in the event of a Brexit, continued compliance with these TSIs may become optional for the UK, whichever model is negotiated.
The rollout of ERTMS is a key element of the Digital Railway, a project which is consistently recognised as the most efficient way to increase network capacity.
Given the forecast benefits of ERTMS rollout, it is unlikely that the UK would renege on its existing commitments or deviate in a material way from the TSIs specifications.
The ongoing concern, therefore, is likely to be that the UK will need to try and retain its position in continuing to influence the input into these baselines.
