In a significant move towards a more lenient approach in managing fare evasion, train companies in England are being encouraged to implement a “yellow card” system for passengers traveling without the correct ticket. This initiative is a shift away from the traditional penalties and fines typically imposed on those found committing minor fare evasion. The call comes from Transport Focus, a rail watchdog that seeks to replace punitive measures with a system that issues warnings for first-time offenders while retaining records of their infractions.
The rationale behind this suggestion is grounded in the idea that for minor offenses, such as not purchasing the correct ticket, a simple warning may suffice. Passengers would be asked to provide their names, which would be logged into a digital system. It is only after repeated offenses that actual fines would be levied against individuals. This new perspective is especially relevant in light of the recent scrutiny on prosecutions and enforcement related to fare evasion, as the rail regulator explores practices that have led to some passengers facing legal action for relatively trivial offenses.
A compelling example of this issue emerged from the case of an engineering graduate, Sam Williamson. Last year, Williamson faced the prospect of being taken to court for having allegedly paid £1.90 less than the required fare on a train journey. His case ignited public outrage and spurred a nationwide discussion regarding how rail companies handle such situations. Following this backlash, the train operator Northern decided to withdraw all active prosecutions against passengers accused of using railcard discounts on low-cost services—highlighting the need for a more pragmatic approach to fare evasion.
While the concept of a yellow card system may seem novel, some rail operators have already initiated similar measures. Cross Country and Southeastern are among the companies that have their yellow card systems in place. Additionally, Merseyside Rail has plans to implement such a system in the current year, reflecting a growing trend among train companies to modernize their enforcement practices.
In tandem with the proposed yellow card system, Transport Focus has also recommended the development of a digital record system for railcards, enabling inspectors to quickly verify passenger eligibility during ticket checks. This digital approach could assist passengers who may forget or misplace their cards, as it would allow for real-time validation of their fare-discount status. Furthermore, the watchdog suggested that passengers could receive notifications when their railcards are nearing expiration, reducing the risk of unintentional fare evasion.
Natasha Grice, the director of rail at Transport Focus, emphasized the organization’s concerns regarding the complex nature of rail fare structures, which can be confusing for passengers. Grice noted, “We understand and support the principle that all users of rail should be paying for their ticket, but we want to make sure that passengers who make an innocent mistake aren’t punished unfairly.” This message is particularly salient as the industry grapples with the estimated £240 million loss attributed to fare evasion annually.
The conversation around fare evasion penalties has garnered additional attention following a review initiated by the Department for Transport. This review was prompted after over 74,000 prosecutions for alleged rail fare evasion were overturned due to a court ruling that deemed the legal procedures used by rail companies to penalize offenders were inappropriate. Consequently, the then-Transport Secretary, Louise Haigh, tasked the Office of Road and Rail (ORR) with a comprehensive analysis of fare evasion enforcement practices.
The ORR is currently inviting passengers who have encountered penalties for traveling without the correct ticket to share their experiences, fostering a more informed conversation around the issues surrounding fare evasion and potential reforms. As the rail sector navigates these complexities, the proposed yellow card system may represent a pivotal step towards a more fair and just treatment of passengers while ensuring compliance with ticket purchase regulations.
