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My proposal is, I think, quite simple. Set a date - say 2017 - after which if a TOC wants to run a service which is end-to-end under the wires (or beside the 3rd rail), and uses a diesel, an automatic £5000 fine is levied. Fair?
In the unlikely event of it not being struck down as an unfair restraint of trade, the inevitable result would be one or more of the following three options:
1) certain services having trivial non-electrified segments added, with a resultant loss of flexibility in the event of a diesel set being out of action.
2) certain services simply being cut and the rolling stock leases prematurely ended under
force majeure - leading to a scarcity of rolling stock and higher prices passed on to the fare-paying passengers.
3) no effect on operations with the costs simply passed on to the passengers (as an operating expense) or to the government (as reduced franchise payments or increased losses requiring extra subsidy) with the government picking up the rest of the bill for the additional bureaucrats required to oversee the scheme.
As for freight, it would be completely unenforceable due to no freight journey having a genuine end-to-end run under the wires. You can't load containers or bulk freight under the wires which leaves just vans, and they would rarely be loaded under the wires as that would require inefficient single-purpose yards.
In the case of the WCML, there are no tilting locos available so the timetable wouldn't work (limited to 110mph like the Pretendolino set).
Why would that matter for a locomotive when tilting is only for passenger comfort? Haulage of tilting passenger stock with non-tilting locomotives works just fine with the Bombardier-Talgo sets in Spain.
Talking about electric haulage of D(E)MUs is just silly though, diesel haulage of EMUs on non-electrified segments makes much more sense than either that or even bi-mode E/DE-MUs.