Sale of access rights

All passenger and freight train operators who want to use our network require a track access contract.

Our customer teams dealing with each train operator (TOC or FOC) lead the contractual negotiations and the sale of access rights with train operators on the contracts. 

Our Sale of Access Rights (SoAR) panel provides network-wide governance of the process to negotiate and agree the sale of access to train operators. The principal role of the SoAR panel is to ensure that we apply a consistent approach across the network, as appropriate, and that we’re making the best overall use of capacity at an acceptable level of performance. 

The SoAR panel needs to authorise all our sales of access rights (unless delegated to Regions) before industry consultation takes place and submission of the agreed track access contract to the Office of Rail and Road (ORR) for its approval.  

It also needs to approve our response to ORR with regard to any disputed applications. In certain cases derogations apply which remove the requirement for specific authorisation for agreed and disputed sales. 

Meeting ORR’s guidance for applying in good time 

ORR’s Guidance on making an application for track access indicates that to allow it time for proper consideration of an application, applicants should allow up to:  

(a) twelve weeks from receipt for a contentious contract (including those submitted under sections 17 or 22A and those meeting any of its criteria for focused regulatory scrutiny); and  

(b) six weeks from receipt for a more straightforward application (one that does not meet any of its criteria for focused regulatory scrutiny). 

For forthcoming timetables, the following table provides future potential applicants with an indication* of the date that agreement would need to be reached with Network Rail for a s.18 or s.22 application to be submitted to ORR in order for firm rights to be directed in time for D-40 (to meet the PDNS timetable submission deadline) or D-12 (to meet Informed Travel publication commitments).

*Please note that these indicative timescales assume full internal authorisation without qualification is obtained by the specified date. It allows for statutory industry consultations and the preparation and submission of applications to ORR – without any allowance for further work or information gathering required as a result of industry consultation.

Resources for customers

A range of resources are available for customers developing their train operating businesses: see our Information for operators page and our rail freight pages.

A full list of the consolidated agreements we have with our existing customers is available on the ORR’s website.