ORR’s work in monitoring compliance with the required standards is relevant to the protected characteristics of disability, age, and pregnancy and maternity, which all have particular relevance to mobility, transport and rail. Ensuring compliance contributes to eliminating discrimination by removing or minimising disadvantages and meeting the needs of people sharing protected characteristics. It also advances equality of opportunity by enabling people with certain protected characteristics to use the railway.
Station standards
The Design Standards for Accessible Railway Stations (Station Code) is intended to ensure that any infrastructure work at stations makes railway travel easier for disabled passengers. While Department for Transport and Transport Scotland own and author this, and grant or reject dispensation applications for specific projects, ORR is responsible for monitoring compliance. This is a licence requirement for station operators.
We seek assurance from Network Rail that it has appropriate processes in place to ensure compliance. As part of our routine monitoring of Network Rail renewal projects we will gather information at the appropriate stage of project planning on compliance. We investigate reports of station operators not complying with the Station Code and will take action to ensure compliance. We will contribute to the Department for Transport-led revision of the Station Code.
Rolling stock standards
ORR has enforcement powers with respect to the technical standards for rail vehicle accessibility defined in the Persons with Reduced Mobility National Technical Specification Notice (PRM NTSN) and the Rail Vehicle Accessibility Regulations (RVAR).
We only grant authorisation where the applicable accessibility standards have been complied with, and we retain evidence of compliance for decisions on authorisations. During engagement with applicants, we promote equality of treatment and draw attention to the potential applicability of Equality Act 2010 to the future use of the subsystem in question. We also undertake reactive monitoring and assurance of compliance with the standards, making sure vehicles are accessible in compliance with the law. We give accurate and timely advice on exemption, deviation, dispensation and derogation processes.
The processes for these modifications to standards fall to other bodies – we are a consultee for Department for Transport’s exemption, deviation and derogation processes, although ORR’s input is in respect of health and safety implications and the effect on ORR’s ability to exercise enforcement powers.
In respect of setting accessibility requirements, ORR has no formal role. Where we need to take a decision relating to compliance with accessibility standards we consult Department for Transport, which in turn may seek the view of the statutory Disabled Persons Transport Advisory Committee (DPTAC). We record this interaction in the authorisation file. We respond to all complaints that relate to matters covered by the accessibility legislation that we enforce using Health and Safety at Work etc Act 1974 powers and use any information provided to establish priorities for follow-up.