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Passengers are being unfairly penalised for minor ticketing errors, according to a new report by the rail regulator, which warns that some train companies are taking “disproportionate” action against those without valid tickets.
The Office of Rail and Road (ORR) said it had identified “significant inconsistencies” in how operators enforce fare regulations, with some cases involving legal action against passengers who had made genuine mistakes.
Examples cited include travellers prosecuted despite having bought a ticket — such as those who selected the wrong railcard type, presented an unreadable e-ticket, or were unaware of having committed an offence. In one case, a passenger only discovered they had been convicted of a fare offence when a criminal record check was carried out for employment.
Between 2019 and 2023, prosecutions by train companies rose by 52%, even as the total number of passengers fell by 7%. The report suggests this trend reflects an increasingly aggressive approach to fare enforcement.
The watchdog also expressed concern about a lack of transparency and accountability, noting that passengers are not always informed about their rights or offered alternative resolutions, such as paying a penalty fare. A number of train operating companies outsource enforcement to third-party firms, with limited public oversight.
The regulator recommends a new code of practice to ensure enforcement is consistent, proportionate, and fair across the rail network. It also encourages the introduction of a “yellow card” system to give first-time offenders a warning instead of immediate prosecution.
Transport Focus, the independent passenger watchdog, welcomed the report’s findings, calling for “clearer guidance and better training” for staff involved in enforcement decisions.
In response, a spokesperson for the Rail Delivery Group, which represents train operators, said: “Train companies have a responsibility to protect fare revenue, but this must be done in a way that is fair to passengers.” The Department for Transport said it would “consider the recommendations carefully” as it continues plans to reform the rail industry under the proposed Great British Railways model.
