The operator of the Jacobite steam train that featured in the Harry Potter films has said it may appeal a High Court decision that "threatens the future" of the popular tourist attraction.
West Coast Railway Company Ltd (WCRCL) took legal action against the Office of Rail and Road (ORR) after it refused to exempt the company from rules banning the use of hinged doors without central locking earlier this year.
But in a ruling on Friday, a judge dismissed the operator’s case and concluded that the ORR had taken a “justifiable” approach.
WCR said it will now evaluate its options such as grounds for an appeal. The company say the estimated £7million required to modernise the trains cost will "wipe out profits for a decade" and could threaten the future of the service.
Mrs Justice Thornton said a feature of WCRCL’s Mark I trains is their hinged doors which “can be opened by anyone inside the train even when the train is moving”.
READ MORE: Jacobite 'Harry Potter' train granted fresh extension to run without safety upgrades to doors
Instead of a central locking system, WCRCL’s vehicles have a “secondary” mechanism where doors are pulled shut into a locked position and a bolt is used on the inside of a coach.
She said it was “common sense” that a central locking system was safer than one “dependent on no more than an assumption by the guard that the stewards have locked the doors” and said a modest rise in fares could cover the cost of modernisation.
James Shuttleworth, Commercial Manager of WCR, said: “We are disappointed by the High Court’s judgment.
"We have decades of experience of operating on the main line and safety has always been, and remains, our top priority.
“We will now reflect and consider options to enable us to continue running safe services enjoyed by so many visitors from the UK and around the world, upon which local businesses along our routes rely.
“We are committed to working with the ORR to find a long-term solution which safeguards the future of heritage services on the main line.
READ MORE: 'We aren't just going to roll over and give up'
“Our operational experience tells us that our safety measures: a steward for every four doors, with secondary locks and monitoring, a train manager and a guard, guarantee the safety of our passengers and colleagues.
“The ORR’s decision to revoke our exemption would require us to install a modern safety system on carriages from a different era.
"The estimated cost of £7m would be an extraordinary investment and would present a significant financial challenge for WCR.”
The Jacobite, a popular tourist attraction, runs between Mallaig and Fort William across the Glenfinnan Viaduct in the Scottish Highlands.
WCR has been permitted to run passenger services on the main line with an alternative locking system to CDL and "robust traditional safety measures" through exemptions granted by the ORR.
The company believes that the ORR should extend its exemption certificate in the short term, to safeguard the running of steam train services including the Jacobite Steam Train and Flying Scotsman.
Mr Shuttleworth said: "Our Jacobite service alone boosts the local economies of Mallaig and Fort William, bringing an estimated £20 million into the UK’s tourism sector.
"If WCR’s exemption to operate on the main line is revoked permanently, this would lead to £50 million in lost value to both local and national communities.
“That is why it is essential that we explore all options to protect our operations on the main line, whether through an appeal or other measures.”
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