FOI reference: FOI/19/01005
Date received: 19/3/2019
Date responded: 16/4/2019
1. Recorded instances of train cancellations and delays occurring between Glasgow Queen Street and Stepps;
2. Definition of a delay within the Franchise Agreement; and
3. What level of disruption to customers as a result of continuous cancellations and delays is required to be reached in order for financial penalties being applied to the operator by the regulator.
1. While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you request relating to instances of train cancellations and delays between Glasgow Queen Street and Stepps. The reasons why we don't have the information are explained in the Annex to this letter.
2. Under the terms of the Franchise Agreement a train delay is when a train service does not depart or arrive at a station as per the public timetable.
3. With regard to the rail regulator (the Office of Rail and Road - ORR) and if/how financial penalties are levied against a train operating company by the ORR. In short, train service performance is provided by both train operating companies (TOCs) and the infrastructure owner (Network Rail). The Governments let franchise agreements with TOCs and monitor compliance with the requirements in the franchise (which includes train service performance). Train service performance targets for Network Rail are set by ORR for each control period. The Network Rail targets are monitored by ORR and the ORR can take action if Network Rail fails to deliver on these targets, which could include financial penalties. Under the Railways Act 1993, the ORR does not have the vires to issue financial penalties to a TOC if they do not achieve performance targets.
Reasons for not providing information - Annex
Transport Scotland does not hold the data you have asked for because the franchise contract does not obligate ScotRail to provide information at this level. ScotRail provide data each period by Sector on the total number of trains which are planned to run to meet the Public Performance Measure (PPM) benchmark (that is, arriving within five minutes of the timetabled arrival time); and also by Sector, the numbers of trains which are cancelled, either in full or in part.
This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses