Open consultation

Rail vehicle dispensation: Porterbrook refurbished Class 170s for CrossCountry Trains and East Midlands Railways

Published 22 April 2024

Dispensation request from Porterbrook Leasing Company Ltd for 64 Class 170 units operated by CrossCountry Trains and East Midlands Railways.

Full name of applicant

Max Ordish, Commercial Engineering Manager, Porterbrook.

Applicant address

Ivatt House, 7 The Point
Pinnacle Way, Pride Park
Derby, DE24 8ZS

Dispensation request

Vehicles the application relates to

Porterbrook seeks the Department for Transport’s approval of this request for dispensation for 64 Class 170 units, totalling 158 vehicles.

Class of vehicle

• Class 170/1
• Class 170/2
• Class 170/3
• Class 170/5
• Class 170/6  

Vehicle numbers

Class 170/1: 17 units, 44 vehicles

• Unit 170101: vehicles 50101, 55101 and 79101
• Unit 170102: vehicles 50102, 55102 and 79102
• Unit 170103: vehicles 50103, 55103 and 79103
• Unit 170104: vehicles 50104, 55104 and 79104
• Unit 170105: vehicles 50105, 55105 and 79105
• Unit 170106: vehicles 50106, 55106 and 79106
• Unit 170107: vehicles 50107, 55107 and 79107
• Unit 170108: vehicles 50108, 55108 and 79108
• Unit 170109: vehicles 50109, 55109 and 79109
• Unit 170110: vehicles 50110, 55110 and 79110
• Unit 170111: vehicles 50111 and 79111
• Unit 170112: vehicles 50112 and 79112
• Unit 170113: vehicles 5011 and 79113
• Unit 170114: vehicles 50114 and 79114
• Unit 170115: vehicles 50115 and 79115
• Unit 170116: vehicles 50116 and 79116
• Unit 170117: vehicles 50117 and 79117

Class 170/2: 12 units, 32 vehicles

• Unit 170201: vehicles 50201, 56201 and 79201
• Unit 170202: vehicles 50202, 56202 and 79202
• Unit 170203: vehicles 50203, 56203 and 79203
• Unit 170204: vehicles 50204, 56204 and 79204
• Unit 170205: vehicles 50205, 56205 and 79205
• Unit 170206: vehicles 50206, 56206 and 79206
• Unit 170207: vehicles 50207, 56207 and 79207
• Unit 170208: vehicles 50208, 56208 and 79208
• Unit 170270: vehicles 50270 and 79270
• Unit 170271: vehicles 50271 and 79271
• Unit 170272: vehicles 50272 and 79272
• Unit 170273: vehicles 50273 and 79273

Class 170/3: 2 units, 6 vehicles

• Unit 170397: vehicles 50397, 56397 and 79397
• Unit 170398: vehicles 50398, 56398 and 79398

Class 170/5: 23 units, 46 vehicles

• Unit 170501: vehicles 50501 and 79501
• Unit 170502: vehicles 50502 and 79502
• Unit 170503: vehicles 50503 and 79503
• Unit 170504: vehicles 50504 and 79504
• Unit 170505: vehicles 50505 and 79505
• Unit 170506: vehicles 50506 and 79506
• Unit 170507: vehicles 50507 and 79507
• Unit 170508: vehicles 50508 and 79508
• Unit 170509: vehicles 50509 and 79509
• Unit 170510: vehicles 50510 and 79510
• Unit 170511: vehicles 50511 and 79511
• Unit 170512: vehicles 50512 and 79512
• Unit 170513: vehicles 50513 and 79513
• Unit 170514: vehicles 50514 and 79514

Class 170/6: 10 units, 30 vehicles

• Unit 170618: vehicles 50518, 56630 and 79518
• Unit 170619: vehicles 50519, 56631 and 79519
• Unit 170620: vehicles 50520, 56632 and 79520
• Unit 170621: vehicles 50521, 56633 and 79521
• Unit 170622: vehicles 50522, 56634 and 79522
• Unit 170623: vehicles 50523, 56635 and 79523
• Unit 170636: vehicles 50636, 56636 and 79636
• Unit 170637: vehicles 50637, 56637 and 79637
• Unit 170638: vehicles 50638, 56638 and 79638
• Unit 170639: vehicles 50639, 56639 and 79639
• Unit 170515: vehicles 50515 and 79515
• Unit 170516: vehicles 50516 and 79516
• Unit 170517: vehicles 50517 and 79517
• Unit 170530: vehicles 50630 and 79630
• Unit 170531: vehicles 50631 and 79631
• Unit 170532: vehicles 50632 and 79632
• Unit 170533: vehicles 50633 and 79633
• Unit 170534: vehicles 50634 and 79634
• Unit 170535: vehicles 50635 and 79635

Manufacturer

Adtranz, Derby

Brought into use

1998 to 2002.

Services and routes operated by the vehicles

Services and routes operated by CrossCountry Trains and East Midlands Railways.

Provisions of persons with reduced mobility national technical specification notice

The refurbished features of these units do not comply with the following paragraphs in the persons with reduced mobility national technical specification notice (PRM NTSN): paragraph 4.2.2.7.3 Dynamic visual information sub-paragraphs (1) and (4).

Paragraph 4.2.2.7.3 (1)

The final destination or route shall be displayed on the outside of the train on the platform side adjacent to at least one of the passenger access doors on a minimum of alternate vehicles of the train.

Non-compliance explanation

With a manufacturer date preceding the introduction of RVAR and PRM, these fleets were not built with platform-side information screens from origin. Therefore, there is no existing provision within the vehicles both structurally or electrically to allow for a like-for-like update or replacement as part of this refurbishment.  

An initial feasibility assessment has shown that the required structural changes and the new screen integration requirements would be intrusive to the vehicle structure, as well as a significant cost above the perceived benefit, given the existing configuration has no known issues. All new internal screens are to be mounted in the existing screen locations for this reason.

In addition, due to the door type on Class 170s being sliding plug doors, it is not viable to install screens adjacent to the doorways, as when open, the door itself would impede the view of the platform side screens.  Therefore, compliance with this clause would not result in a satisfactory outcome for the passenger in any case.

The incumbent operators are operating the fleets in their existing configuration (existing configuration does not include platform side screens) with no known passenger issues raised. Passengers are visually well informed about final destinations and routes via the forward-facing screens visible from the cab front window, on-platform passenger information systems and the positions of the internal screens mounted in the vestibules.

Although we are unable to assess the railway system as a whole in this scope, Clause 4.2.2.7.3 para (2) relating to platform-based screens does apply in some stations in the train routes. This is in addition to audio announcements both on the station and on the vehicle.

The new passenger information system (PIS) being fitted to the fleets will exceed the capabilities of the existing system, as it will be real-time connected, including into DARWIN, the rail industry’s centralised train information system, to allow the operators to update passengers both onboard and at stations more accurately with real-time information.

Therefore, the information delivery will be improved overall due to this upgrade. This is also notwithstanding the other areas of compliance with PRM providing significant improvement for passengers.

Paragraph 4.2.2.7.3 (4)

The next stop of the train shall be displayed such that it can be read from a minimum of 51% of passenger seats inside each vehicle including 51% of the priority seats, and from all wheelchair spaces.

Non-compliance explanation

About all other passenger seats including priority seats, more than 51% can view the PIS displays. Therefore, the new system complies with this element of the clause.

Concerning wheelchair spaces, the existing design achieves a 50% visibility rating, missing the requirement by 1%. This is because there are 2 wheelchair spaces per unit and only one space faces a PIS screen.  

The new wheelchair areas are required to be positioned to achieve compliance with other requirements of the PRM NTSN, notably Clauses 4.2.2.2 paras (2) to (6), for items such as wheelchair stability and supporting structures. 

The nearest screen is ceiling mounted and located at the point between the vestibule ceiling space and the wheelchair area ceiling space, in the same position as the existing configuration. Therefore, this wheelchair user from a normal seated position does not have a screen in their immediate field of vision. This is no different to the existing wheelchair areas before the refurbishment where no known issues were raised with the operators.

Despite this, the new screens will still offer an improvement to the passenger in this position. The new screen is a liquid-crystal display LCD (existing screens are light-emitting diode LED) with a wider viewing range. The new screens will also be mounted at a 45-degree angle, allowing a better viewing angle from wheelchairs sitting underneath the screen as opposed to the current screens mounted in a flat plane.

The PRM compliance in this area is vastly improved overall, including for example increasing the wheelchair turning circles. As a further improvement to compliance, in the new design, Porterbrook is also intending to remove the existing bicycle storage in the wheelchair area and create a new purpose-built area at the other end of the same vehicle. This will remove the need for bicycle passengers and wheelchair passengers to use the same onboard area and the same boarding and alighting doors.

It is also worth noting that both operators also operate units in multiple for some services – this increases the available provision of fully compliant wheelchair positions during these journeys.

Reasons for application

Porterbrook, as the fleet owner, is undertaking a refurbishment of the fleets to be aligned with their upcoming C6 heavy maintenance event. As part of this refurbishment, Porterbrook intends to modernise and refresh the interiors of the vehicles to enhance the passenger environment. This enhancement includes for some fleets new seats and tables being installed, and for all fleets a new PIS.

There are also some other specific enhancements on sub-fleets not related to PRM, for example:

• passenger counting systems (PCS)
• forward facing and internal CCTV
• passenger WiFi

Targeted compliance with the PRM Regulations has been applied to any areas undergoing a change from the existing vehicle configuration – as explained below there are some variations amongst the different Class 170 sub-classes.

All the fleets in scope were built before the PRM NTSN was mandated, this is also the case for the predecessor RVAR 2010 regulation. A retrospective assessment was undertaken by the manufacturer for some sub-fleets and found the units to be partially compliant with RVAR.  

However, there is no published application which can be attributed in full to the fleets for either regulation.

To inform decision-making during the procurement process, an assessment of the existing PRM compliance was undertaken and compared to the proposed changes.

Through this assessment, Porterbrook can demonstrate that our targeted compliance approach on the Class 170 refurbishment project will significantly improve the PRM compliance of the fleets and provide an overall betterment of the passenger environment. The refurbishment achieves compliance with 90 PRM NTSN clauses.

Before detailing the outcomes of our compliance assessments, it is worth noting a slight scope difference between the 170/2 sub-class and the other sub-fleets in the scope of this refurbishment.

Scope of the refurbishment, Class 170/1, 170/3, 170/5 and 170/6

• new seats and tables throughout, retaining existing layouts

• new PIS including:

  • LCD screens
  • call for aid (CfA)
  • passenger emergency alarm (PEA)

Scope of the refurbishment, Class 170/2

• new seats and tables in the existing first-class areas, are to be declassified to a standard class area
• new seats in the wheelchair area next to the universal access toilet (UAT)
• no change to all other existing seats with foams and moquettes renewed only
• new PIS including LCD screens, CfA, and PEA

The level of compliance achieved with the requirements of the PRM NTSN can be summarised for the refurbishment scope as follows:

• 90 requirements to achieve compliance achieved
• 118 requirements not applicable
• 2 requirements for dispensation

This summary clearly shows Porterbrook’s commitment to the betterment of the Class 170 fleet, with 90 of 92 applicable clauses meeting compliance in full.

Effect of non-compliance on disabled person’s ability to use vehicles

When considering the positive effect of the overall refurbishment on disabled person’s ability to use vehicles, this is considered a significant betterment. Improvements in wheelchair space allocation – including turning circles and walkways – will allow disabled persons an overall more accessible vehicle, as shown on the PRM compliance matrix attached to this application.

About the specific non-compliances mentioned, these are no worse than the existing measures onboard the vehicles where no known issues have been raised. The improvements in screen visibility and quality in the existing locations, as well as the real-time connected functionality, will improve the dissemination of information to passengers as part of the overall system.

User groups within the operator’s organisation have been and will be consulted throughout the design process, led by the respective operator.

Measures to enable disabled people to use the vehicles

The Class 170 fleets involved in this refurbishment include measures to improve disabled people’s access to vehicles as follows:

• Improved internal LCD screens mounted at a 45-degree angle so wheelchair users in both the compliant and non-compliant position have a better viewing angle of the screen in the existing location. The forward-facing screen will also be updated as part of the refurbishment for the use of all passengers on platforms.

• Real-time connected PIS allowing functionality for disabled people to be informed of upcoming issues with onward travel such as delays or accessibility issues at stations such as lifts out of service.

• Reallocation of bicycle storage area to a separate and purpose-built area of the units to negate the existing issue of bicycles being stored in the wheelchair spaces. This will also ensure that wheelchair users and bicycle users will use separate external doors making alighting and onboarding a more seamless and less stressful experience for wheelchair users. Suitable onboard labelling and platform instructions will support this change for passengers.

• Increased wheelchair turning area to be fully compliant with PRM, signage will support the area for informing all passengers of the priority wheelchair area.

• Fitment of new PRM-compliant CfA systems mounted at the appropriate mounting locations next to the wheelchair positions.

• New priority seating allocation throughout the unit to ensure that the seats designated are as close as possible to exterior doors with PRM-compliant spacing.

• New companion seating in the wheelchair areas to negate existing operational issues with usable spares.

• Improved walkway and clearway distances for travel to priority seating and wheelchair spaces.

• Additional handrails added into the UAT area to improve accessibility in line with the latest PRM clauses.

This is in addition to existing PRM compliances throughout the vehicles which are unchanged because of this refurbishment.

Other upgrades as part of the refurbishment will also improve the overall experience for disabled passengers, for example, the new seating across all units will:

• improve the luggage space available to passengers
• reduce the likelihood of luggage being stored in walkways, vestibules or wheelchair spaces

Period of dispensation to be in force

The period of dispensation is requested to be for the remaining vehicle life, as these midlife upgrades are intended to be retained until the retirement of the fleet.

The current expectation is that this fleet will be retired by 2040, although there is a good chance this could be extended depending on rolling stock requirements on the UK network.

How to respond

See the Ways to respond section of the consultation page on GOV.UK to find out how you can respond to this consultation.

What will happen next

A summary of responses, including the next steps, will be published in due course. Paper copies will be available on request.

If you have questions about this consultation, contact:

Rail Vehicle Accessibility
Rail Infrastructure and Services Delivery Group
Department for Transport
2nd Floor, Great Minster House
33 Horseferry Road
London SW1P 4DR

Alternatively, you can email: railvehicleaccess@dft.gov.uk.

Further information

Freedom of information

Information provided in response to this consultation, including personal information, may be subject to publication or disclosure in accordance with the Freedom of Information Act 2000 (FOIA) or the Environmental Information Regulations 2004.

If you want information that you provide to be treated as confidential, please be aware that, under the FOIA, there is a statutory code of practice with which public authorities must comply and which deals, amongst other things, with obligations of confidence.

In view of this, it would be helpful if you could explain to us why you regard the information you have provided as confidential. If we receive a request for disclosure of the information, we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances. An automatic confidentiality disclaimer generated by your IT system will not, of itself, be regarded as binding on the department.

The department will process your personal data in accordance with the Data Protection Act (DPA) and in the majority of circumstances this will mean that your personal data will not be disclosed to third parties.

Data protection

This consultation and the processing of personal data that it entails is necessary for the exercise of our functions as a government department. If your answers contain any information, including the email address itself, that allows you to be identified, DfT will, under data protection law, be the controller for this information.

As part of this consultation, we’re asking for your name, email address and organisation. This is in case we need to ask you follow-up questions about any of your responses. You do not have to give us this personal information but if you do we will only use it only for the purpose of asking follow-up questions. We will not use your name or other personal details that could identify you when we report the results of the consultation.

DfT’s privacy policy has more information about your rights in relation to your personal data, how to complain and how to contact the Data Protection Officer. 

Your information will be kept securely and destroyed within 12 months after the consultation has been completed.

Consultation principles

This consultation is being conducted in line with the government’s consultation principles.

If you have any comments about the consultation process, contact:

Consultation Co-ordinator
Department for Transport
Zone 1/29 Great Minster House
London SW1P 4DR

Email: consultation@dft.gsi.gov.uk.