UK: Regulatory body the Office of Rail & Road has called for urgent reforms to make the handling of train ticketing irregularities more consistent, fairer and effective so that people making genuine mistakes are not treated in the same way as people deliberately evading payment.
After high-profile media coverage of people being prosecuted for genuine mistakes, along with the separate quashing of more than 59 000 convictions because of procedural errors by train operators, in November 2024 the Secretary of State for Transport asked ORR to carry out an independent review of train operators’ and ticket retailers’ consumer practices and revenue protection enforcement including the use of prosecutions.
ORR looked at what leads to passengers travelling without a valid ticket, and how the industry responds. It found significant inconsistency between train operators, and very different outcomes for passengers. Around 60% of tickets are now bought online or at machines, and products such as mobile ticketing have increased consumer choice but also the scope for error and the number of vulnerabilities which fare evaders can exploit.
ORR found that revenue protection teams consider that passengers making genuine mistakes should be treated fairly and proportionately, but establishing intent can be difficult and the strict requirement to hold a valid ticket makes the consequences for passengers potentially very serious . Conviction is ‘a serious and potentially life-changing matter’, it added.
Recommendations for reform
ORR’s report published on June 4 says the industry should:
- make buying the right ticket simpler and easier, with clearer information at point of purchase about conditions such as permitted routes, time restrictions or the use of railcards. In the longer term, ticketing systems should be redesigned to eliminate known points of confusion;
- strengthen consistency in how passengers are treated when issues arise, with an escalated approach, encouragement of behavioural change and a focus on targeting intentional fare evasion including through sharing data on persistent offenders;
- establish a consistent test for prosecution across all operators, including principles for the use of out-of-court settlements and ensuring cases only proceed when clearly justified and in the public interest. In the longer term, this could include a wider review of revenue protection legislation, as currently a passenger can be prosecuted even when a genuine mistake has occurred;
- clearly set out passengers’ rights and how penalties, prosecutions, out-of-court settlements and appeals work;
- establish an appropriate forum to identify and promote best practice across all aspects of revenue protection policy and enforcement.
‘Our evidence shows a system that has evolved over time where the legal framework and enforcement processes are increasingly complex and appear weighted towards industry, leaving some passengers who make innocent errors vulnerable to disproportionate outcomes’, said ORR’s director of Strategy, Policy & Reform Stephanie Tobyn.
Rail sector responses
The Transport Secretary and Department for Transport will now consider to what extent the recommendations should be implemented.
Rail Minister Lord Peter Hendy said ’deliberate fare-dodging costs the taxpayer up to £400m annually — money which could be better spent on improving passenger experience – and must be dealt with. But ham-fisted prosecutions that punish people who have made an innocent mistake is not the way to do this.
‘We will look at this report in detail and set out what we’ll be doing to address the issues raised in due course. In the meantime, we are working at pace to stop this from happening again by simplifying ticketing and developing plans for GBR to sell tickets online, alleviating confusion and making it easier for people to buy the right fare.’
The Rail Delivery Group, which represents train operators, welcomed ORR’s ‘sensible recommendations’ and said the industry would work on implementing them ‘to strike the right balance addressing genuine, honest mistakes made by customers and taking firm action against those who deliberately and persistently seek to exploit the system’.
The Independent Rail Retailers association of third-party ticket sellers said ‘our members already play an active role in revenue protection and continue to work closely with the government and industry partners to deliver improvements, to make the rail retail experience simpler, easier and better for all rail users.’
Independent passenger watchdog Transport Focus said it would be looking at the recommendations in more detail. ‘It is important that train operators can collect the money they are owed for running the railway, but where passengers make an innocent mistake, they shouldn’t be punished unfairly’, said Chief Executive Alex Robertson. ‘We know that fares and ticketing simplification is a longer-term ambition for the industry. However, greater consistency in how revenue protection is handled by operators would help build trust in the process and make things better for passengers now.’
