Rail and road users at heart of ORR’s approach to enforcement

Rail passengers, freight operators and road users will be at the heart of ORR’s approach to enforcement.

ORR’s approach to economic enforcement is based on the core objective of ensuring the best possible outcomes for rail and road users, governments and taxpayers. The policy explains how ORR will engage, monitor, and work to ensure Network Rail, train operators, and Highways England deliver their commitments and plans.

The policies have been developed following extensive consultations with rail and road user groups, governments, and funders. ORR will take a staged approach to enforcement:

• Early intervention – ORR will use a range of data and industry information to draw attention to emerging trends and issues that could be a cause for concern in the future. We will flag these early with Network Rail, train operators, Highways England and funders of the road and rail networks to help them manage risks effectively before they become problems for rail or road users.
• Engage with industry, funders and rail and road users – We will bring all parties together, where appropriate, to find remedies to emerging issues and concerns.
• Ensure enforcement action brings real and positive change – When enforcement action becomes necessary in light of ORR’s investigations, we will focus on making a positive difference for rail and road users. For example, by supporting reparations which directly benefit customers who have faced delays, disruptions and unreliable services. ORR recently agreed a £4.1m reparation fund with Network Rail to benefit passengers affected by poor performance on Thameslink, Southern and Gatwick Express services in 2014-15.

ORR Chief Executive Richard Price said:

Rail passengers, freight operators and road users are at the heart of ORR’s work.

Our approach to enforcement is forward-looking, using evidence and early engagement to address any issues before they affect rail and road users.

Enforcement action is a last resort, where we have to enforce, where other actions have not worked, our focus will be on making a real positive change to benefit directly those affected by poor performance, and incentivise better future results for rail and road users.

Notes to editors:

1. ORR and Network Rail agreed a new £4.1m ‘Rail Reparation Fund’ to directly benefit passengers affected by poor performance on Thameslink, Southern and Gatwick Express services, in particular those travelling through London Bridge station. ORR gave Network Rail an opportunity to put forward an offer of reparations to directly benefit passengers or take a £2m financial penalty. To know more see: https://orr.gov.uk/news-and-media/press-releases/2015/orr-and-network-rail-agree-new-4.1m-rail-reparation-fund-to-directly-benefit-passengers
2. The Office of Rail and Road is accountable to Parliament. It is the independent economic and safety rail regulator for Great Britain and the independent strategic roads monitor for England.
3. To read the economic enforcement policy document in full, visit: https://orr.gov.uk/__data/assets/pdf_file/0018/4716/economic-enforcement-statement.pdf
4. To read the enforcement policy for Highways England in full, visit: https://orr.gov.uk/__data/assets/pdf_file/0005/20003/enforcement-policy-for-highways-england.pdf
5. ORR recommends that fines/reparations should be taken into account when assessing the companies’ management’s remuneration.
6. ORR publishes regular reports on Highways England’s performance, rail industry performance, rail industry data publications, Network Rail Monitors and rail industry financials reports.
7. To view our infographic How does ORR regulate, visit: https://orr.gov.uk/__data/assets/pdf_file/0011/20027/how-does-orr-regulate.pdf
8. Follow @railregulation and @highwaysmonitor to keep updated on ORR's work.