30.05.17
High Court blocks Heathrow from imposing fees on Crossrail trains
The High Court has this week upheld a ruling made by the ORR to stop Heathrow charging TfL to run Elizabeth Line trains through the airport.
Last week, RTM reported that Heathrow Airport Limited (HAL) was attempting to impose fees amounting to around £47m per year to run services on the Heathrow Express, something that was threatening to stop Elizabeth Line trains running through the airport altogether.
This is despite the fact that a year ago, the ORR ruled that Heathrow should not be able to charge Crossrail to run on the service, a decision which HAL then took to the High Court to try and resolve.
But now the ruling has sided with the rail regulator and stopped HAL from imposing the charges, opening the doors for Crossrail services to run through Heathrow as planned.
A spokesperson for the ORR said: “As the independent regulator for the UK’s railways, we have a statutory role in ensuring charges to run trains on relevant networks are underpinned by evidence and comply with legal requirements.
“In May 2016, taking into account representations and evidence from affected parties, including considerable documentation and submissions from Heathrow Airport Limited (HAL), we decided HAL is not permitted to introduce all of its proposed new charges for train operators to use its track, which links Heathrow Airport to the Great Western Main Line.
“HAL launched a judicial review of our decision and after a three-day hearing, the court has dismissed HAL’s application and upheld our decision. We welcome this judgment and we will now work with all the affected parties to enable Crossrail services to start running as scheduled into the airport.”
Howard Smith, TfL’s operations director for the Elizabeth Line, who wrote for the latest edition of RTM, said: “We welcome the court’s judgment to uphold the ORR’s original decision on the charging levels for Elizabeth Line services to Heathrow.”
He also stated that TfL was now looking forward to working with Heathrow and concluding final details of access arrangements for the Elizabeth Line trains.
“The Elizabeth Line will transform rail transport in London cutting journey times across the city, boosting jobs and economic growth,” he concluded.
A Heathrow spokesperson said that the airport was disappointed with the decision, but was still committed to improving links to the airport and working with Crossrail.
“Heathrow is committed to increasing sustainable public transport to the airport – that’s why we invested in Crossrail, built the Heathrow Express rail service, support Piccadilly Line services to the airport, and subsidise Europe’s largest free bus network,” the spokesperson explained.
“We are looking forward to the arrival of Crossrail in May 2018 as part of our plans to treble Heathrow’s rail capacity by 2040 and put the airport at the heart of an integrated transport network in London.
“While we are disappointed with today’s ruling and are considering our next steps, both Heathrow and Network Rail agree that track access charges must be fair to encourage future private investment in the rail network.”
Top Image: Warren Rohner
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