Absolutely. And used the winter “off season” without the Jacobite operating as the stock down time to do the work.
The current NYMR exemption has similar operating constraints as the previous “whole network“ 5 year exemptions enjoyed by various operators, WCRC included. NYMR‘s previous exemption also covered Grosmont to Battersby.
Their current exemption differs from their previous in some crucial ways - that clearly demonstrate ORR being even handed:
- Limited to 25mph (previously their main line operation was 40mph, which is the same maximum speed as The Jacobite). The whole reason CDL (& mk1 crashworthiness) isn’t a requirement on preserved lines is because the rules apply to railways (not just trains) operating above 25mph.
- Limited to Grosmont - Whitby only. As my previous post, this means no passing places - hence it can be argued that it is a 25mph railway when NYMR are operating.
Whilst it might be possible to find a 25mph path for The Jacobite, the route has passing loops and the path crosses other trains. I do not know whether ORR would consider an exemption limited to 25mph: Whilst the passing loops at Arisaig and Glennfinnan are limited to 15mph, the short double track section at Inverlochy is 40mph in both directions, therefore unlike the NYMR operation it is possible for The Jacobite to interact with other trains travelling in excess of 25mph.
Obviously the right answer is to fit CDL to allow the service to continue with a heritage period feel whilst accepting modern safety requirements.