Ticketing and Concessionary Travel on Public Transport - United ...

Transport Committee: Evidence Ev 91
Likewise a passive person motivated to evade can be deterred by revenue protection measures, but the active
fare evader will still persist in most circumstances. Research suggests that 80% of the population believe that
travelling without a ticket is a serious oVence <strong>and</strong> one for which others have to pay indirectly. They therefore
fall into the motivated to pay category. For these people the principal need is to oVer eVective ticket purchase
facilities <strong>and</strong> this is the most important feature of any revenue protection policy, with ticket checking
resources aimed primarily at engaging with the other 20%. These people tend to believe that fare evasion is
a victimless crime. Within this group, those most readily controlled will be the passive fare evaders, <strong>and</strong>
policies need to be directed at them. Identifying <strong>and</strong> targeting of resources at this group is essential to a cost
eVective revenue protection strategy, while customer service benefits, such as ease of access <strong>and</strong> walk-oV at
stations should be preserved for the 80% as far as possible.
3. Fare evasion is nevertheless a potentially increasing problem across the rail network. Recent strong
growth in passenger volumes means that the absolute numbers of fare evaders will tend to increase.
Although there are few systematic surveys of ticket-less travel available <strong>and</strong> not many of these are in the
public domain, evidence across a variety of systems <strong>and</strong> operating areas suggest levels of 3—10% of
passenger volume could be unpaid at present, varying by location, time of day <strong>and</strong> journey type. Customer
surveys suggest dissatisfaction by fare paying passengers who see evidence of fraudulent <strong>and</strong> ticket-less
travel, sometimes believing it to be a higher than it may be in reality. Die-hard fare evaders are sometimes
associated with other anti-social behaviour, which must be discouraged as it often detracts from the quality
of the journey for others <strong>and</strong> may depress genuine travel dem<strong>and</strong>.
4. Fare evasion is the primary form of dishonesty to aVect public transport. The fact that it is widespread
is a relevant public interest factor <strong>and</strong> must take account of the general principles covering prosecution for
all oVences of dishonesty. The Law in respect of railway fare evasion means that such oVences involve using
a variety of statutory measures that date back to the 1840’s. This legal framework is nevertheless still sound
<strong>and</strong> is based on commonsense values that make it easy to underst<strong>and</strong> <strong>and</strong> apply. The Regulation of Railways
Acts 1840-1873: “railway” extends to all railways constructed under the powers of any Act of Parliament
<strong>and</strong> intended for the conveyance of passengers in or upon carriages drawn or impelled by the power of steam
or by any other mechanical power; <strong>and</strong> the word “company” included the proprietors for the time being
of any such railway (Section 21 Railway Regulation Act 1840). References in Sections 54-57 of the British
Transport Commission Act 1949 include references to any successor of the British Railways Board.There
is often a choice between specific legislation relating to the form of transport, <strong>and</strong> proceedings under the
Theft Act 1978, or Forgery <strong>and</strong> Counterfeiting Act 1981.
5. Section 5 of the Regulation of Railways Act 1889 is usually used for oVences of fare evasion on the
railways <strong>and</strong> for travelling/ attempting to travel on a railway without having previously paid the fare <strong>and</strong>
with intent to avoid payment thereof; or having paid the fare for a certain distance, knowingly <strong>and</strong> wilfully
proceeding by train beyond that distance without previously paying the additional fare for the additional
distance <strong>and</strong> with intent to avoid payment thereof; or having failed to pay the fare, giving in reply to a
request from an oYcer of a railway company a false name <strong>and</strong> address. Section 103(a) Railway Clauses
Consolidation Act 1845 covers a person refusing to quit a carriage on arrival at the point to which he has
paid his fare. Both Section 5 <strong>and</strong> Section 103(a) are summary only oVences. “Intent to avoid payment” in
Section 5 does not mean a dishonest intent, but an intent to avoid payment of the sum actually due. There
are provisions in bye-laws which cover fare evasion, but in the vast majority of cases it will be appropriate
to use the Section 5 oVence. The Theft Act 1978, especially Sections 2 <strong>and</strong> 3, can be used where there is
evidence of premeditation, or persistence, or repeat oVending, or large loss by the transport authority.
Where tickets have been forged, altered or defaced resulting in a charge under the Forgery <strong>and</strong>
Counterfeiting Act 1981, the matter would have to be referred to Crown Prosecution Service or the Rail
Company will need to engage appropriate legal representation as these are “either or oVences” for which
any person accused may elect to trial by jury.
6. TIL is an Appointed Agency for rail companies to undertake the role of prosecuting oVenders where
the allegation is only a summary matter. This practice was started by British Rail <strong>and</strong> a number of rail
companies also undertake this work in their own right, or may employ others as agents on their behalf, <strong>and</strong>
all have the right of audience in the Magistrates Courts. Persons undertaking these activities are obliged to
consider the Code for Crown Prosecutors <strong>and</strong> the right of individuals to bring private prosecutions (with
certain exceptions) was included under the Prosecution of OVences Act, which set up the CPS. It will review
the case in accordance with the tests contained in the Code for Crown Prosecutors. Should changes be made
to the arrangements for the prosecution of summary oVences, it is essential that the powers of railway
prosecuting agencies are preserved. The process is eVective <strong>and</strong> much less costly than taking up the time of
police, CPS or other legal staV. Ensuring that it can continue will ease the burden of prosecuting oVences
for the CPS at the lower end of the scale <strong>and</strong> give reassurance to the honest, fare paying public majority
that steps are being taken to combat this anti-social activity. Consideration might be given to strengthening
legislation as appropriate.
7. Transport legislation includes a series of oVences which will not be prosecuted by the CPS under
Section 3(2)(a) Prosecution of OVences Act 1985. These include minor cases of fare evasion under the Public
Service Vehicle Regulations <strong>and</strong> similar Acts <strong>and</strong> also proceedings under Part II of the Aviation Security
Act 1982, all cases of a summary oVence being committed on private property.The principal purposes of
transport legislation are to preserve the safety <strong>and</strong> comfort of passengers <strong>and</strong> staV; to prevent acts of