Explanatory note

These Regulations amend the Railways (Penalty Fares) Regulations 2018 (S.I. 2018/366) which make provision for the charging of penalty fares for the failure to produce, when required to do so, a ticket or other authority authorising a person to travel by train or to be present in a compulsory ticket area at a station.

These Regulations apply in England, and in Wales except to the extent that the power to make penalty fares has been devolved to the Welsh Ministers. In Regulation 3(a) the term “In respect of England” is used to set out where the new Regulations apply; in summary they apply in England and in respect of trains that start in England and go into Wales. The Railways (Penalty Fares) Regulations 2018 will continue to apply unamended in other cases, where the Secretary of State does not have power to make amendments. Regulation 5(2) provides that in cases where a person is given a penalty fare while aboard a train (as opposed to in a compulsory ticket area at a station) these Regulations increase the amount of the penalty fare from £20 (or the cost of the full single fare, whichever is higher) to £100 plus the cost of the full single fare applicable. This penalty fare reduces to £50 plus the cost of the full single fare applicable if it is paid within 21 days.

Regulation 5(6)(a) provides that in cases where a person is given a penalty fare while in a compulsory ticket area at a station (as opposed to aboard a train) and intends to board a train, these Regulations increase the amount of the penalty fare from £20 (or twice the cost of the full single fare applicable, whichever is higher) to £100 plus the cost of the full single fare applicable. This penalty fare reduces to £50 plus the cost of the full single fare if it is paid within 21 days.

Regulation 5(6)(b) provides that in cases where a person is given a penalty fare while in a compulsory ticket area at a station (as opposed to aboard a train) and do not intend to board a train, these Regulations increase the amount of the penalty fare from £20 to £100. This penalty fare reduces to £50 if it is paid within 21 days.

Regulation 3(b) provides for the “clock to stop” on this 21 days to pay the lower penalty fare, if a person appeals against the penalty fare. The 21 days will restart when the person’s appeal has either been finally disposed of or withdrawn.

Regulations 9 to 11 provide that if a person is charged a penalty fare, and successfully appeals against it, these Regulations make provision for the operator to repay the surcharge aspect of the penalty fare (they would not be refunded the “full single fare applicable” element, as they would have had to purchase this in any case).

Regulation 4(3) provides that where a person is charged a penalty fare while on a train, the penalty fare will act as authority to travel to an intended destination served by that train.

Regulation 4(6) provides that where a person is charged a penalty fare while in a compulsory ticket area, these Regulations make provision for the penalty fare to act as authority to either leave the station (if they don’t intend to travel) or to board a train travel to an intended destination served by that train (if they do intend to travel).

Regulation 4(1) updates the information that a collector must give when charging a penalty fare, to include requirements to quote the reduction of the amount of the penalty fare if it is paid within 21 days and the fact that this does not include any time when an appeal is being processed.

In Regulation 11 of The Railways (Penalty Fares) Regulations 2018, certain criminal offences are listed. When a person is charged with an offence under them they cannot be charged a penalty fare as well. Regulation 6(3) of these Regulations updates this list to include the Fraud Act 2006 (c. 35).

Regulation 12 also updates the wording required to be included on the notices train companies are required to display, informing people of penalty fares.

Regulation 12 also imposes a new requirement for a person, in respect of England, to give their date of birth when they are issued with a penalty fare.

A full impact assessment has not been produced for this instrument as no significant impact on the private, voluntary or public sectors is foreseen. An explanatory memorandum has been prepared for these Regulations and is available alongside this instrument on the UK Legislation website https://www.legislation.gov.uk/.