The heritage train carries around 70,000 passengers each year on two daily return journeys on the famous West Highland Line from. Fort William at Mallaig, it often sells out months in advance.
The situation meant that the WCR could not release tickets for the Easter and Summer Season.
The WCR lost a High Court judicial review in December 2023 against the ORR over the continued use of hinged doors that can be opened while the train is in motion.
BY 2024, the company has announced the purchase of 60 Mark 2 coaches from Riviera Trains, which comply with the door lock regulations. However, James Shuttleworth, director of operations at WCR, ruled out their use this year.
The company says it will cost around £7million to make the door improvements.
In a letter seen by The Herald, addressed to MSP Kate Forbes, the WCR said “has approved a CDL fit program for these vehicles and I hope this important change will allow ORR to issue an exemption..”
However, this has not been confirmed by the company and it is not clear if trains will be allowed to run before the change.
Businesses in Mallaig said the community faced a “perfect storm” of uncertainty for Easter trade because they had no ferry services to Skye, amid Scotland’s network problems.
CalMac has now confirmed two ferries for the road but villagers say the service has been broken for three years and they say they are not considered important because there is a road bridge on the island.
Sandra Mclean, who works at Mallaig Art Gallery and chairs the community council, said: “It’s a very bad situation.
“West Coast Railways is unfair to the small community that has hosted people from these railways for years.
“People have built their businesses based on incoming traffic.”
Speaking about the obstruction of the boat he said: “No one highlights this area because we are not considered important because there is a bridge but the bridge is two and a half hours away from us.
“No one talks about how [ferry disruption] it affects the citizens of the mainland, it’s all about the islands.”
One business owner, who asked not to be identified, accused the train operator of “holding the public to ransom.”
He said: “This is the third year in a row that there has been a problem that the train does not start on time because they do not improve the door locks.
“As I see you refuse to make the investment. We’ve just had to spend hundreds of thousands of pounds putting fire doors in our hotel.
“Every business, you have to follow health and safety or you’re not allowed to work.
“It’s confusing for businesses here.
“The train brings 500 visitors to Mallaig every day, many of them customers of restaurants and shops and accommodation.
“Just do the work – the doors can be fixed in the winter.
“He says it will cost millions but that could happen. I know he’s never had an accident but it only takes one.”
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He said that uncertainty had led to a “flow” of book cancellations.
“It’s already affecting visitors,” he said.
“We said a few years ago, it’s still good to go on tour [from [Fort William to Mallaig] because 90% of the journey is the railway track and passing through the viaduct and then you come to catch fish and fish in Mallaig.
“There is more to that train journey and destination than that service.”
He said the ferry crossing from Mallaig to Armadale had boosted the tourist trade since the fishing industry had collapsed.
He said: “It’s getting louder because of all the boats that have gone, but this is basically what Mallaig and Armadale have been struggling with for the last three years, they’ve been covered until the end.
“It may not be a way of life but it is a way of life for the community here and across the water.
“Without tourism you’re looking at a decline in population and jobs going.
“I think part of the problem is that we haven’t been very vocal in the past.”
Based on data from 2003 to 2020 released by the Highland Council, Mallaig’s population has fallen by 18%.
Darren Blower, who runs Cairn Lodges, said: “I’m not directly affected because people come here to stay with us for a week but it affects our guests to get out and see the wider area.
“Many visitors take a ferry to Skye to explore.
“It’s really affecting small businesses in Mallaig. Shops and galleries and food stalls are down.”
Other heritage railway companies that have entered the CDL include Belmond Railways, which operates the British Pullman, Royal Scotsman and Britannic Explorer and Locomotive Services Group, based in Crewe, which operates rail tours.
The Herald contacted WCR for comment but the company did not respond.
A CalMac spokesman said: “We have passenger hire and car hire available until April 7.
“Plans are for the MV Coruisk to return from April 8 but this is dependent on improvements to the fleet ahead of time.”
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