RVAR 2010 exemption: Festiniog Railway Company

Question 1

Background

Accepted Answer

Historical background

The Ffestiniog Railway was opened in 1836 as a narrow-gauge (1ft 11.5in, 597mm) line to convey slates from Blaenau Ffestiniog down to the coast at Porthmadog. Passengers were carried from 1865. The line closed in 1946, but was gradually reopened from 1955 as a tourist attraction.

The Welsh Highland Railway was opened in 1923, linking 2 existing railways of 1ft 11.5in gauge, to convey passengers and freight between Porthmadog and Dinas, near Caernarfon. The last passenger train ran in 1936, and goods services ceased in 1937. The line was reopened, as a tourist attraction, in stages between 1997 and 2011.

FRCo owns and operates the Ffestiniog Railway (FR) and the Welsh Highland Railway (WHR). They share the same station at Porthmadog and have a combined length of 40 miles (67 kilometres).

FRCo turnover in 2024 was £7.3 million, with a payroll of around 100 staff and is estimated to contribute approximately £37 million each year to the local economy.

Legislation background

The Secretary of State for Transport has determined that the Railways (Interoperability) Regulations 2011 do not apply to infrastructure and vehicles reserved for a strictly local, historical or touristic use. The approved list of exclusions from the scope of the Railways (Interoperability) Regulations 2011 includes ‘Ffestiniog and Welsh Highland Railways’. Compliance is required, therefore, with the RVAR 2010, rather than the accessibility national technical specification notice.

The Rail Vehicle Accessibility (Networks) Exemption Order 2010 provides an exemption from accessibility regulations for certain heritage and tourist rail networks. This allows heritage and tourist rail vehicles, particularly those introduced before 1999, to operate on specified heritage and tourist lines without needing to comply with all of the accessibility requirements set out in the RVAR 2010. The schedule includes ‘Ffestiniog and Welsh Highland Railways’.

Previous exemption order made

Rail Vehicle Accessibility Regulations (RVAR 1998) were first introduced in 1998 and applied to all new rail vehicles entering service from 1 January 1999. RVAR 1998 guidance was published, which provided guidance concerning heritage railway vehicles:

As the regulations apply to new vehicles only, heritage railways and tramways are generally not affected, as they operate older vehicles. However, where independent and heritage operators build replica rolling stock, such vehicles may not be subject to the RVAR if they are exact copies of an old design. When building any new passenger carrying rolling stock, operators are strongly advised to consult DTLR (predecessor to Department for Transport) at an early stage in the design process for guidance on whether they need to comply.

The first new carriage to be introduced into passenger service by FRCo after the RVAR 1998 came into force was carriage 122. FRCo submitted, on 28 July 1999, an exemption request for features of the carriage that did not comply with RVAR 1998 requirements. Consideration and consultation on this case led to an exemption order being made for carriage 122.

This came into force on 31 July 2003. The exemption given by article 3(2)(f) in the order, in respect of RVAR 2010 regulation 13, ceases at the end of May 2026. FRCo has included carriage 122 in the total of 27 carriages in this exemption request.

More new and completely rebuilt carriages

Since 2003, when carriage 122 was introduced into passenger use, FRCo has brought into use a series of new carriages for the FR and the WHR. These are now included in this request for exemption, together with several carriages that have been completely rebuilt to a traditional appearance, but now incorporate space for wheelchair passengers.

Future carriages

FRCo has requested that, should the new exemption order be made, any further carriages to be brought into service, if of identical design to any of those included in this application, be similarly exempted from the same parts of the RVAR 2010.

Question 2

Exemption application

Accepted Answer

Full name of the applicant

Paul Lewin, General Manager of Festiniog Railway Company.

Address of the applicant

Harbour Station
Porthmadog,
Gwynedd, LL49 9AE

Consultation scope

Consultees are advised that the applicant has provided, in accordance with the Rail Vehicle Accessibility (Applications for Exemption Orders) Regulations 2010, the full scope of particulars relevant to each of the 27 carriages in this application.

The individual application documents (18 in total) for the carriages, including the applicant’s assessment of compliance for each carriage type, are available upon request.

Question 3

Vehicles the application relates to

Accepted Answer

This application is for the 27 carriages listed below. These have already been brought into use by FRCo for carrying passengers, except carriage 2050.

At the time of application, carriage 2050 is under construction, to the same design as carriages 2043 to 2048. FRCo anticipates bringing carriage 2050 into passenger-carrying use in 2026.

Vehicle numbers, manufacturer and date first introduced into use

Class number and unit number

Vehicle class numbers and unit numbers, which are usually included in Applications for Exemption Orders, are not used by FRCo. Each carriage is uniquely identified by a 2- or 3-digit number for carriages normally used on the FR, or a 4-digit number for those used only on the WHR – (the latter has a less restrictive loading gauge for its infrastructure than the FR and its carriages have been designed slightly larger than those for the FR).

Vehicle numbers, listed by routes and services provided by the vehicles

Carriages normally operated on the FR between Porthmadog and Blaenau Ffestiniog, including on services over part of the route only: 15 carriages in total.

They are:

carriage 22, built 1898, by Ashbury Railway Carriage and Iron Co, Manchester, currently being rebuilt with wheelchair accessible compartments
carriage 26, built 1894, by Ashbury Railway Carriage and Iron Co, currently being rebuilt with wheelchair accessible compartments
carriages 22 and 26 are of similar design
carriage 100, built by FRCo, Boston Lodge Works, Porthmadog, introduced 1965, rebuilt 2006
carriage 102, built by FRCo, introduced 1965, rebuilt 2005
carriages 100 and 102 are of similar design
carriage 103, built by FRCo, introduced 1968, rebuilt 2009
carriage 108, built by FRCo, introduced 2013
carriage 117, built by FRCo, introduced 1977, rebuilt 2016
carriage 118, built by FRCo, introduced 1977, rebuilt 2017
carriage 119, built by FRCo, introduced 1977, rebuilt 2014
carriage 120, built by FRCo, introduced 1977, rebuilt 2018
carriage 121, built by FRCo, introduced 1981, rebuilt 2012
carriage 122, built by FRCo, introduced 2003 2003 – exemption order applies
carriage 150, built by FRCo, introduced 2016
carriage 152, built by FRCo, introduced 2018
carriage 808, built by FRCo, introduced 2022
carriages 103, 108, 117, 118, 119, 120, 121 and 808 are of similar design

Carriages operated on the WHR between Caernarfon and Porthmadog, including on services over part of the route only: 12 carriages in total.

They are:

carriage 2021, built by Alan Keef Ltd, Ross On Wye, introduced 2002
carriage 2022, built by Alan Keef Ltd, introduced 2002
carriages 2021 and 2022 are of similar design
carriage 2043, built by FRCo, introduced 2003
carriage 2044, built by FRCo, introduced 2007
carriage 2045, built by FRCo, introduced 2007
carriage 2046, built by FRCo, introduced 2014
carriage 2047, built by FRCo, introduced 2017
carriage 2048, built by FRCo, introduced 2021
carriage 2050, currently under construction by FRCo, anticipated introduction 2026
carriages 2043, 2044, 2045, 2046, 2047, 2048 and 2050 are of similar design
carriage 2100, built by FRCo, introduced 2009
carriage 2115, built by Winson Engineering, Daventry, introduced 1998
carriage 2152, built by FRCo, introduced 2019
carriages 2100 and 2152 are of similar design

Question 4

Measures enabling disabled passengers to use the carriages

Accepted Answer

Exemption for particular RVAR 2010 requirements is necessary only because of the nature of the FR and WHR. Train operation on a heritage railway, with steam locomotives, on narrow-gauge track, with the width of carriages restricted to 6 ft 10in (2.1m) wide due to limited clearances, imposes significant physical constraints and challenges. Provision of fully accessible toilets on board is not feasible, and these are provided instead at principal stations.

Other requirements of the RVAR 2010, for example, a public address system for audible and visual announcements, would detract from the heritage ambience that passengers would wish to enjoy. Information for direction and destination is provided by other means.

Nevertheless, FRCo is keen to make its trains fully accessible to disabled people. FRCo has engaged with various groups to gain a better understanding of the needs of disabled passengers. This included, for example, working with the local blind team and using various goggles to simulate differing degrees of sight impairment.

The changes to new and upgraded vehicles made as a result of this engagement included:

arthritis friendly handrails to doors
doors coloured to aid their identification
easy to use seat back handles
fold-up seats/tables that improve ease of access and space for buggies
wheelchair spaces in wider seat bay so passengers in wheelchairs can sit with friends
ramps at principal stations and in trains
crew training, including employed staff and volunteer staff

The relatively high staffing levels on the railway, provided that staff are suitably trained, mean that customers can be given assistance as required.

FRCo provides on its website a comprehensive accessibility statement. It includes information on booking (recommended for people who are mobility impaired), access into and within its carriages, wheelchair access (with wheelchairs available to borrow), toilets, assistance dogs and staff assistance.

FRCo ensures that every train includes carriages suitable for passengers with mobility impairments and is working towards ensuring that by 2026 every train includes at least one wheelchair space.

Question 5

Period for which the exemption order is requested to be in force

Accepted Answer

Exemption is requested for the whole remaining life of the 27 vehicles listed and for the whole life of any additional carriages to be brought into service, if of identical design to any of those included in this application.

Question 6

Provisions of RVAR 2010 from which exemption is sought

Accepted Answer

Each carriage has been assessed against the numbered sub-paragraphs of part 1 and part 2 of schedule 1 to the RVAR 2010 as either:

‘not applicable’
‘complied with’
‘not compliant, exemption sought’

For brevity, this consultation document records only those paragraphs assessed as ‘not compliant, exemption sought’ and where this is common to several carriages, the carriage numbers have been grouped accordingly.

Question 7

Schedule 1 part 1

Accepted Answer

Paragraph 1: Boarding device

Sub-paragraph (5) (a)

When in use, it must be fixed securely to the rail vehicle. Carriages assessed as not compliant, exemption sought:

22
26
150
152

Reasons for non-compliance and mitigations

The ramps need to fit a number of different vehicles and standardising locking arrangements would not have been possible.

Sub-paragraph (5) (b)

It must be not less than 800mm wide. Carriages assessed as not compliant, exemption sought:

22
26
150
152

Reasons for non-compliance and mitigations

The vehicle ramps have a 35mm rim rather than the 50mm specified. This is to allow safe storage when not in use. The ramps have to be stored in the guard’s van of the train, where space is limited.

Sub-paragraph (5) (c)

It must have on each side a protective rim not less than 50mm high. Carriages assessed as not compliant, exemption sought:

22
26
100
102
103
108
117
118
119
120
121
150
152
808
2043
2044
2045
2046
2047
2048
2050
2100

Reasons for non-compliance and mitigations

The vehicle ramps have a 35mm rim rather than the 50mm specified. This is to allow safe storage when not in use. The ramps have to be stored in the guard’s van of the train, where space is limited.

Sub-paragraph (5) (d)

It must be marked by a strip of colour around the edge of its upper surface. Carriages assessed as not compliant, exemption sought:

22
26
100
102
103
108
117
118
119
120
121
150
152
808
2021
2022
2043
2044
2045
2046
2047
2048
2050
2100
2152

Reasons for non-compliance and mitigations

The strip at the edge of the ramp is aluminium and is different to the rest of the ramp in appearance and provides a visual cue.

Paragraph 3: Doors (1)

Sub-paragraph (1)

Exterior of each passenger door must contrast with the exterior of the vehicle to each side. Carriages assessed as not compliant, exemption sought:

22
26
100
102
150
152

Reasons for non-compliance and mitigations

For 150 and 152, the non-contrasting door for wheelchair users in the Pullman observation carriages opens outwards and, therefore, is normally locked. The guard is available to lock and unlock the door for wheelchair users.

Sub-paragraph (3)

Each passenger doorway must be fitted with an audible warning device. Carriages assessed as not compliant, exemption sought:

22
26
100
102
103
108
117
118
119
120
121
122
150
152
808
2021
2022
2043
2044
2045
2046
2047
2048
2050
2100
2115
2152

Reasons for non-compliance and mitigations

The vehicle’s doors are manually operated and, therefore, an audible warning device is not appropriate.

Sub-paragraph (5)

A warning device to sound when doors become openable and not less than 3 seconds before the door starts to close. Carriages assessed as not compliant, exemption sought:

22
26
100
102
103
108
117
118
119
120
121
122
150
152
808
2021
2022
2043
2044
2045
2046
2047
2048
2050
2100
2115
2152

Reasons for non-compliance and mitigations

The vehicle’s doors are manually operated and, therefore, an audible warning device is not appropriate.

Paragraph 5: Door handles

Sub-paragraph (1)

The handle in a vehicle must be operable by the exertion of a force not exceeding 15 newtons. Carriages assessed as not compliant, exemption sought:

22
26
100
102
103
108
117
118
119
120
121
122
150
152
808
2021
2022
2043
2044
2045
2046
2047
2048
2050
2100
2115
2152

Reasons for non-compliance and mitigations

The door handles are manual and spring-loaded. Note that the train guard would always be available to assist passengers with doors or any other matter.

Sub-paragraph (2)

Where a handle has no moving parts, the door must be capable of being opened and closed by the exertion of a force not exceeding 15 newtons. Carriages assessed as not compliant, exemption sought:

22
26
100
102
103
108
117
118
119
120
121
122
150
152
808
2021
2022
2043
2044
2045
2046
2047
2048
2050
2100
2115
2152

Reasons for non-compliance and mitigations

The door handles and doors are manually operated. Note that the train guard would always be available to assist passengers with doors or any other matter.

Paragraph 6: Doorways (exterior)

Sub-paragraph (2)

A wheelchair-compatible doorway must be not less than 850mm wide. Carriages assessed as not compliant, exemption sought:

103
108
117
118
119
120
121
808
2100

Reasons for non-compliance and mitigations

The double inward-opening doors have a clear opening of 810mm rather than the 850mm specified. This is the best opening that could be achieved with the limited space available.

Sub-paragraph (3)

(A wheelchair sign) must be visibly marked on at least one side of each wheelchair-compatible doorway. Carriages assessed as not compliant, exemption sought:

103
108
117
118
119
120
121
808
2021
2022
2043
2044
2045
2046
2047
2048
2050
2100
2152

Reasons for non-compliance and mitigations

The provision of an exterior sign would not be compatible with creating a coach that replicates the appearance of a heritage vehicle. Dwell times at stations are relatively lengthy and the guard’s duties include welcoming passengers and advising them of suitable seating locations in the train.

Paragraph 8: Floors

Sub-paragraph (2)

Vestibule floor to a bodyside doorway must contrast with the adjoining floor of the passenger saloon. Carriage assessed as not compliant, exemption sought is 122.

Reasons for non-compliance and mitigations

The vehicle bulkhead opening provides a visual indication of the vestibule.

Sub-paragraph (6)

A bodyside doorway floor must have a contrasting colour band. Carriages assessed as not compliant, exemption sought are 22 and 26.

Reasons for non-compliance and mitigations

This would not be compatible with the heritage rebuild of the vehicles.

Paragraph 9: Handhold

Sub-paragraph (1)

Handhold must be fitted to the top of the back of each passenger seat, which is next to a gangway in a passenger saloon.

Carriages assessed as not compliant, exemption sought:

103
108
117
118
119
120
121
122
150
152
808
2021
2022
2043
2044
2045
2046
2047
2048
2050
2100
2115
2152

Reasons for non-compliance and mitigations

The provision of handholds on the tops of the backs of seats would not be compatible with creating a coach that replicates the appearance of a heritage vehicle.

Acceleration and deceleration rates of the trains and vehicle speeds are relatively low (20 mph maximum) and the wooden seat back tops provide a handhold.

Paragraph 10: Handrails

Sub-paragraph (1) (a)

Handrail must be fitted inside, on either side, of bodyside doorways, 700mm to 1200mm from floor level. Carriages assessed as not compliant, exemption sought:

22
26
100
102
103
108
117
118
119
120
121
122
150
152
808
2021
2022
2043
2044
2045
2046
2047
2048
2050
2100
2115
2152

Reasons for non-compliance and mitigations

The vehicle doors open inwards and therefore would block access to the handrails fitted just inside the vehicle. A single handrail, traditional brass on some vehicles, is provided outside the doorway.

Sub-paragraph (4) (a)

A circular cross section not less than 30mm and not more than 40mm. Carriages assessed as not compliant, exemption sought:

22
26
100
102
103
108
117
118
119
120
121
122
150
152
808
2021
2022
2043
2044
2045
2046
2047
2048
2050
2100
2115
2152

Reasons for non-compliance and mitigations

A single traditional brass grab rail is provided outside the doorway.

Sub-paragraph (4) (b)

Not less than 45mm clearance between any part of the handrail and any other part of the vehicle. Carriage assessed as not compliant, exemption sought is 122.

Reasons for non-compliance and mitigations

The vehicle bulkhead opening provides a visual indication of the vestibule.

Sub-paragraph (4) (c)

Must have a slip-resistant surface. Carriages assessed as not compliant, exemption sought:

122
150
152
808
2021
2022
2043
2044
2045
2046
2047
2048
2050
2100
2115
2152

Reasons for non-compliance and mitigations

If the external handrails were non-slip, they would not be compatible with creating a coach that recreates the appearance of a heritage vehicle. Dwell times at stations are relatively lengthy and the guard’s duties include assisting passengers to their seats.

Sub-paragraph (4) (d)

Must contrast with the parts of the rail vehicle adjacent to that handrail. Carriages assessed as not compliant, exemption sought:

22
26
100
102
103
108
117
118
119
120
121
122
150
152
808
2021
2022
2043
2044
2045
2046
2047
2048
2050
2100
2115
2152

Reasons for non-compliance and mitigations

A handrail of either traditional brass or stainless steel is provided.

Paragraph 11: Passenger information

Sub-paragraph (1)

Interior must be fitted with a public address system for audible and visual announcements. Carriages assessed as not compliant, exemption sought:

22
26
100
102
103
108
117
118
119
120
121
122
150
152
808
2021
2022
2043
2044
2045
2046
2047
2048
2050
2100
2115
2152