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

The legal framework for revenue protection
• Railway revenue protection is governed by the Railway Byelaws <strong>and</strong> the Regulation of
the Railways Act 1889 (last updated in 2005). Under these byelaws, revenue protection
staff may require a person refusing to pay the appropriate fare to give their name <strong>and</strong>
address. If the person fails to desist or leave the premises, they may be removed using
reasonable force. The National Rail Conditions of Carriage forms the basis of the
contract between the passenger <strong>and</strong> the train operator.
• Section 130 of the Railways Act 1993 (as amended) allows the Secretary of State to
make regulations regarding the charging of financial penalties (‘Penalty Fares’) to
passengers unable to show a valid ticket when asked. The Railways (Penalty Fares)
Regulations 1994 (SI 1994/576, as amended), allows the Secretary of State to make
Penalty Fares Rules. All train operators wishing to charge penalty fares must submit a
penalty fares scheme to the Secretary of State for approval. Penalty fares are a charge,
not a fine, enforceable initially through the civil courts.
• Bus ticket inspectors function under sections 24 <strong>and</strong> 25 of the Public Passenger
Vehicles Act 1981 <strong>and</strong> the regulations made under those sections which include the
Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors <strong>and</strong> Passengers)
Regulations 1990 (SI 1990/1020). The Regulations contain provisions requiring
passengers to have valid tickets (prepaid, paid on entering the vehicle, or paid on
dem<strong>and</strong> by a conductor or inspector) <strong>and</strong> a power for the driver, conductor or
inspector to charge them an additional fare if they stay on the bus beyond the validity of
their original ticket, or if they do not have a ticket. Passengers who contravene the
regulations can be removed from the vehicle (by a crew member or, if necessary, the
police), <strong>and</strong>/or prosecuted for an offence under s25 of the 1981 Act, with a maximum
fine at level 3 on the st<strong>and</strong>ard scale (currently £1000).
• Bus revenue protection staff in London have additional powers. The Railways (Penalty
Fares) Regulations 1994 also covers buses operating for TfL in London. This enables
revenue protection staff to impose penalty fares. This facility is not available to
transport operators outside the capital.
Source: Ev 175
65. The consensus amongst those who gave evidence to us seems to be that the powers
available to revenue protection staff are generally adequate for rail but much less so for
buses. 65 The principle revenue protection concern of bus operators (outside London) is
that staff have no powers of arrest or sanction of penalty fares. They also lack effective
powers to verify the person’s name <strong>and</strong> address. 66 The ability to secure a conviction
therefore depends on intervention by the police whose “interest tends to be low”. 67
65 Ev 143
66 Ev 74
67 Ev 143
21