Flying Scotsman operator faces £7m bill to change locks on trains

The operator of the Flying Scotsman and Hogwarts Express could be forced to change locks on its trains after losing a High Court battle.

West Coast Railways is the largest operator of heritage train tours in the UK and is responsible for the Hogwarts Express, which appeared in the Harry Potter films, as well as the world-famous Flying Scotsman.

The company now faces a £7 million bill to change the hinged doors system on a number of its trains after a High Court ruling on Friday supported the regulator’s view that they were unsafe.

West Coast Railways had launched a challenge against the Office of Rail and Road (ORR) after it refused to grant an exemption from rules banning the use of hinged doors without central locking.

Hinged doors can be opened by anyone inside the train, even when it is moving, and do not operate with a central locking system, which has led to safety concerns from the regulator.

In 2005, hinged systems were banned on all rolling stock by the ORR but some operators were given exemptions up until last year.

Could ‘destroy’ its business

West Coast Railways challenged this decision in court and complained that the multimillion-pound cost of having to retrofit central locking systems into their trains could “destroy” its business.

The operator, whose trains run at speeds of up to 100 miles per hour, also argued its door systems were just as safe as central locking systems, with train stewards operating them and warning signs for passengers.

The ORR, the safety regulator on Britain’s railways, disagreed and took the view that the company was “unable to demonstrate that its controls of the risks from secondary door locking make it as safe as central door locking”.

It told the judge that “it does not wish to see heritage train operators go out of business” but from March this year wanted to ensure heritage trains “meet minimum safety standards” by introducing central locking.

The court sided with the ORR, with Mrs Justice Thornton concluding that it was “common sense” that a central locking system was safer than one “dependent on no more than an assumption by the guard that the stewards have locked the doors”.

The judge also highlighted the fact that there was no evidence of an investigation by West Coast Railways or “lessons learnt” after a train left York station with a door open in October 2020 and when a passenger overpowered a steward to open the door of a moving train in June 2022.

One of the trains that could now face a retrofit is the Mark I train, which appeared in the Harry Potter films. It now ferries tourists in Scotland and is known as The Jacobite.

The ORR’s upper estimate to fit out four Jacobite trains for daily use with central locking was just under £1.4 million, the judge said, adding that a “modest” £10 increase in the Jacobite service fare, where an average return ticket is £46.58, would generate about an extra £1 million per year in revenue with no additional overheads.

She added that almost all other heritage train operators had accepted the requirement to install central locking, passing on the cost to customers, and that ORR was willing to allow a transition period for retrofitting.

Decades of experience

James Shuttleworth, WCR’s commercial manager, said: “We have decades of experience of operating on the main line and safety has always been, and remains, our top priority.

“We will now reflect and consider options to enable us to continue running safe services enjoyed by so many visitors from the UK and around the world, upon which local businesses along our routes rely.

“We are committed to working with the ORR to find a long-term solution which safeguards the future of heritage services.”

The ORR said: “As the rail regulator, we are committed to ensuring the safety of all passengers.

“Other charter heritage operators which use the mainline railway have made the necessary investment to install central door locking on ‘hinged door’ carriages and it remains open to the West Coast Railway Company Limited to do the same.

“Such converted carriages can both retain their heritage appeal yet also reflect minimum modern safety standards.”