English train companies are being urged to adopt a ‘yellow card’ system for passengers traveling without the correct ticket, rather than imposing penalties or prosecutions.
Rail watchdog Transport Focus wants passengers to be given a warning and have their names recorded and recorded on a digital system, with fines only for repeat offenses.
It comes as the rail regulator reviews how prosecutions and penalties for fare evasion are handled, after it emerged some passengers were being prosecuted for minor offenses.
Sam Williamson, an engineering graduate, told the BBC last year he faced prosecution for paying £1.90 less than he should have.
His case sparked widespread criticism of rail operator Northern, which subsequently withdrew all charges against passengers reported for using railcard discounts for peak services where the original fare was less than £12.
Some train companies, such as Cross Country and Southeastern, already have yellow card schemes in place, and Merseyside Rail plans to introduce one this year.
Transport Focus also suggested digital recording of rail cards so inspectors can check when passengers have forgotten or lost their cards.
“Passengers could receive reminders to alert them when their rail pass is about to expire,” the statement added.
Natasha Grice, rail sector director at Transport Focus, said the watchdog had long been concerned about the complexity of rail fares, which made it difficult for some passengers to buy the right ticket.
“We understand and support the principle that all rail users should pay their fare, but we want to ensure that passengers who make an innocent mistake are not unfairly punished,” Ms Grice said.
Fare evasion is estimated to cost the industry £240 million a year.
The Department for Transport has ordered an investigation after more than 74,000 prosecutions for alleged rail fare fraud were overturned following a landmark ruling that a certain legal procedure used by train companies to issue fines and sue justice passengers without tickets should not have been used.
Louise Haigh, then Transport Secretary, asked the Office of Road and Rail (ORR) to review how rail fare fraud is dealt with.
ORR has asked all passengers penalized for boarding trains without the correct ticket to share their experiences.
