Train firms face review over fare dodging penalties

An independent review of rail fare dodging punishments has been announced following reports of train companies taking disproportionate action against passengers who have made innocent mistakes.

Transport Secretary Louise Haigh has asked the Office for Rail and Road (ORR) to look at how prosecutions and enforcement for rail fare evasion are dealt with.

Train operators have a number of tools to deal with passengers who have underpaid or not bought a ticket at all.

It is understood the government is not seeking to strip firms of powers to prosecute criminals who deliberately avoid paying. But there has been growing concern over action taken against people who misunderstand the ticketing system.

The independent review the government has announced will examine how clear ticketing terms and conditions are and how they are communicated to train users.

The most serious sanction is prosecution for fare evasion, which can land passengers with a magistrates court appearance and a serious criminal record.

A key question for the Office for Rail and Road will be when prosecution is the right step.

The Transport Secretary told a committee of MPs on Wednesday it was clear "people who’ve made genuine mistakes shouldn’t be prosecuted".

"Make no mistake, deliberate fare-dodging has no place on our railways and must be tackled, but innocent people shouldn't feel like a genuine mistake will land them in court," Haigh added in a statement.

"An independent review is the right course of action, and will help restore passengers' confidence in the system."

Last month, government-owned Northern dropped all action against engineering graduate Sam Williamson, who was reported to the operator's prosecutions and debt recovery department for using his 16-25 railcard for travel on a service to Manchester.

Mr Williamson faced prosecution for paying £1.90 less than he should have done despite admitting his error and offering to pay a fine or a new fare, prompting widespread criticism of Northern.

The Department for Transport instructed the company to review its ticketing policy to ensure it was clear and fair to passengers and asked it to examine details of similar cases.

Northern responded by withdrawing all live prosecutions against those pursued in similar circumstances and promised to review historical cases.

The terms and conditions of Mr Williamson's railcard specified the discount was only valid for on-peak services where the original fare was £12 or more. However, despite the small-print, he was able to buy a ticket that informed him he could travel at "anytime".

Stephanie Tobyn, ORR director of strategy, policy and reform, welcomed the review.

"It is important passengers are treated fairly and dealt with consistently and proportionately when ticketing issues arise, whilst also balancing the legitimate revenue protection interests of operators and taxpayers," she added.

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