LNER breach notice published by DfT

[Snow1964]

10th October 2023 : DfT has published an LNER breach notice for poor performance

Seems they have exceeded the 1.34% MAA cancellations, and TOC self minutes delays

https://assets.publishing.service.gov.uk/media/651c48a2bef218000e6dece0/london-north-eastern-railway-limited-east-coast-franchise-breach-notice.pdf

The Secretary of State as represented by the Department for Transport is satisfied that
LNER has contravened the Cancellation MAA Benchmark for the past seven Reporting
Periods (P2305 to P2311 inclusive) as specified in Appendix 1 to Schedule 7.1
(Cancellation Benchmarks), where actual MAA performance is equal to or worse than
the Cancellations Breach Performance Level.

4. For the last seven reporting periods the MAA level of cancellations has been above the
Cancellations Breach Performance Level of 1.34% set for LNER. Following continued
performance issues in recent periods, with increasing levels of cancellations in each of
the last four periods, and discussions between LNER and Department around
cancellations, the Department acknowledges that the level of cancellations may
continue to breach the Cancellations Breach Performance Level for the foreseeable
future...

 

[The North Briton]

10th October 2023 : DfT has published an LNER breach notice for poor performance

Seems they have exceeded the 1.34% MAA cancellations, and TOC self minutes delays

https://assets.publishing.service.gov.uk/media/651c48a2bef218000e6dece0/london-north-eastern-railway-limited-east-coast-franchise-breach-notice.pdf

Quite ironic, given that the DfT hold the purse strings and presumably have some oversight of management strategy…

 

[Irascible]

Quite ironic, given that the DfT hold the purse strings and presumably have some oversight of management strategy…

I'm sure it's accountants can figure out a way to present fining itself as a win.

 

[Iskra]

Can someone explain what MAA stands for?

Also does anyone know what’s causing this substandard performance please?

 

[YorkshireBear]

Can someone explain what MAA stands for?

Also does anyone know what’s causing this substandard performance please?

Moving annual average. Averages the last 12 months.

 

[akm]

Quite ironic, given that the DfT hold the purse strings and presumably have some oversight of management strategy…

Ah, but that will be a different department of the DfT, this department is just doing what it's supposed to

 

[Goldfish62]

Looks like a standard notice issued in line with the terms of the contract.

Many contracts have terms which state that a breach notice will be issued if and when certain set standards are not met.

 

[800001]

Can someone explain what MAA stands for?

Also does anyone know what’s causing this substandard performance please?

Industrial relations is the biggest impact.

 

[Sussex Ben]

There is nothing obvious in the notice that explains why TOC-on-self delay minutes are an issue. Industrial action and fleet issues would be expected to impact cancellations more than delay minutes, and the reference to speed restrictions seems a bit odd as they would usually be attributed to Network Rail. Any ideas?

 

[800001]

There is nothing obvious in the notice that explains why TOC-on-self delay minutes are an issue. Industrial action and fleet issues would be expected to impact cancellations more than delay minutes, and the reference to speed restrictions seems a bit odd as they would usually be attributed to Network Rail. Any ideas?

Industrial action results in drivers diagrams being altered this means that some drivers arrive for sets off depots or at stations after the service should have left, this then causes delays to services.

 

[The North Briton]

There is nothing obvious in the notice that explains why TOC-on-self delay minutes are an issue. Industrial action and fleet issues would be expected to impact cancellations more than delay minutes, and the reference to speed restrictions seems a bit odd as they would usually be attributed to Network Rail. Any

Industrial action results in drivers diagrams being altered this means that some drivers arrive for sets off depots or at stations after the service should have left, this then causes delays to services.

Can you elaborate? I knew the rest day working agreement has not been renewed, but this suggests there is an issue with the movement of spare turns?

 

[800001]

Can you elaborate? I knew the rest day working agreement has not been renewed, but this suggests there is an issue with the movement of spare turns?

if for example at Kings Cross you have a night driver diagram uncovered who brings ECS of Bounds Green or ferme park, you can’t ask anyone to work it as overtime, therefore you have to utilise your spare drivers or manipulate other diagrams.

That might mean a Kings Ctoss driver who should for example work 1S06 having to book in and then go to depot to get the set, the ECs then arrives late at station resulting in class 1 departing late

 

[Nicholas Lewis]

somewhat pointless letter presumably issued to make it look as though there treating them same as all other operators

 

[greyman42]

Can someone explain what MAA stands for?

Also does anyone know what’s causing this substandard performance please?

I travel a lot with LNER and in my experience, the delays are nearly always down to OHLE issues, track issues and trespass which are not attributable to LNER.

 

[The North Briton]

I travel a lot with LNER and in my experience, the delays are nearly always down to OHLE issues, track issues and trespass which are not attributable to LNER.

And the final paragraph of the notice appears to be saying ‘LNER are going to continue to monitor the reasons for poor performance and, as long as those reasons remain mainly external, we (the DfT) are not going to do anything about it’ (I paraphrase, of course)

 

[Starmill]

somewhat pointless letter presumably issued to make it look as though there treating them same as all other operators

I guess it's the way it's been written into the contract that they have to be treated the same. Only meaningful difference here is there's nobody on whom to threaten a penalty, or to actually charge a penalty, if the breach of contract is serious enough to warrant that.

 

[greyman42]

And the final paragraph of the notice appears to be saying ‘LNER are going to continue to monitor the reasons for poor performance and, as long as those reasons remain mainly external, we (the DfT) are not going to do anything about it’ (I paraphrase, of course)

Thanks for that. I admit i did not read the notice.

 

[fgwrich]

And the final paragraph of the notice appears to be saying ‘LNER are going to continue to monitor the reasons for poor performance and, as long as those reasons remain mainly external, we (the DfT) are not going to do anything about it’ (I paraphrase, of course)

Or, it could well be part of the DfT building a case against Hitachi. If Hitachi isn’t performing well enough, and LNER carrying the clout of the DfT, could be some interesting times ahead.

 

[Irascible]

somewhat pointless letter presumably issued to make it look as though there treating them same as all other operators

I think you may be overestimating the civil service a little, it was more likely issued because that was the procedure.

 

[LNW-GW Joint]

I guess it's the way it's been written into the contract that they have to be treated the same. Only meaningful difference here is there's nobody on whom to threaten a penalty, or to actually charge a penalty, if the breach of contract is serious enough to warrant that.

The DfT and ORR can fine any TOC for poor performance, as at that level they are all the same.
It could also impact LNER management/staff bonuses which are based on performance.
Above that OLR Holdings will also be being measured, possibly affecting renewal of their contract.
It's supposed to be a level playing field for the TOCs, whether the ownership is public or private.

 

[The North Briton]

It could also impact LNER management/staff bonuses which are based on performance.

When the OLR took over LNER, payment of the management bonus for the 2019/20 year was delayed indefinitely, even though the performance (and other) targets had been met. I doubt whether anything has been paid since.

 

[jayah]

I travel a lot with LNER and in my experience, the delays are nearly always down to OHLE issues, track issues and trespass which are not attributable to LNER.

According to the figures on their website, the cancellation MAA is 3.8% from all causes and 1.7% caused by themselves.

MAA isn't a great measure because it takes months to decline into a breach and months more of good performance before you stop being in breach.

 

[najaB]

MAA isn't a great measure because it takes months to decline into a breach and months more of good performance before you stop being in breach.

The former is a feature, the latter is a bug.

The reason that they use MAA is precisely so that one event doesn't cause a breach - it takes consistent poor performance.

 

[ar10642]

Government says government hasn't done a good enough job, incredibly useful

 

[Meole]

Surely time to return to an efficient suitably remunerated private operator, public ownership has failed again.

 

[GWVillager]

Surely time to return to an efficient suitably remunerated private operator, public ownership has failed again.

I’m not sure you can claim a few months of poor performance (still much better than many other TOCs) during industrial action is a failure of public ownership.

 

[Snow1964]

According to the figures on their website, the cancellation MAA is 3.8% from all causes and 1.7% caused by themselves.

MAA isn't a great measure because it takes months to decline into a breach and months more of good performance before you stop being in breach.

You don't want one bad month causing a breach, but if standards have slipped so far the annual average is unacceptable then reason needs to be focused on.

Obviously will be much harder to fix a series of unusual events than if it is same trains every week causing problems.

 

[misfit]

This is 100% down to drivers not working rest days and working to rule.

 

[800001]

This is 100% down to drivers not working rest days and working to rule.

So the TOCs fault (DFT)

 

[Wyrleybart]

somewhat pointless letter presumably issued to make it look as though there treating them same as all other operators

if for example at Kings Cross you have a night driver diagram uncovered who brings ECS of Bounds Green or ferme park, you can’t ask anyone to work it as overtime, therefore you have to utilise your spare drivers or manipulate other diagrams.

That might mean a Kings Ctoss driver who should for example work 1S06 having to book in and then go to depot to get the set, the ECs then arrives late at station resulting in class 1 departing late

Not only that, if the driver for 1S06 has to fetch their own unit, it will run late, arrive NCL late, the driver's PNB will be late resulting in 1Exx standing at NCL blocking a platform, delaying others behind it. The driver will arrive KGX late, book overtime and the unit off 1Exx will be late for its next service, and so the cycle continues