Policy paper

ORR independent review of train operator revenue protection practices: government response

Published 17 March 2026

Applies to England

This government response sets out how we are addressing the findings of the Office of Rail and Road (ORR) review of revenue protection across the rail network.

It explains the steps already underway and the further actions planned to make fares simpler, improve fairness and consistency in how passengers are treated, strengthen prosecution processes, and ensure clearer, more accessible information for passengers.

Introduction

The government welcomed the ORR’s independent review of train operator revenue protection practices in June 2025.

The review highlighted several issues stemming from 30 years of privatisation, which has left the railways fragmented, inefficient and inconsistent. Revenue protection practices were found to vary widely and the complexities of the current fares and ticketing system were shown to increase the scope for passenger confusion and error.  

The ORR concluded that action needs to be taken to improve fairness, consistency and transparency while ensuring that operators can robustly address deliberate and persistent fare evaders. The review set out 5 overarching recommendations for industry and government:

1. Make buying the right ticket simpler and easier.
2. Strengthen consistency in how passengers are treated when ticket issues arise.
3. Introduce greater consistency and fairness in the use of prosecutions.
4. Make information on revenue protection easy to access and understand.
5. Greater coordination, oversight and transparency of revenue protection activity.

The Secretary of State for Transport accepts the recommendations of the ORR’s review in full

This government response is structured to follow each recommendation sequentially, outlining both the changes already made and our plans for future improvements.

Although this response has been prepared by the government, the delivery of change is, and will be, a collaborative effort across the industry. The government is grateful to industry partners for their engagement, both during the ORR’s review period and now in delivering the response.

The response sets out a comprehensive and coordinated programme of reforms to tackle longstanding fragmentation and inconsistency across the rail network in relation to revenue protection.

Steps we are taking

The ORR’s review found that prosecution practices and how ticketing issues are handled vary between operators, which means customers are not always treated fairly.

We are taking important steps – some of which are already underway – to improve how we manage revenue protection and make things better for passengers:

1. Industry-wide best-practice principles will be developed for responding to ticketing issues and fare evasion, ensuring that genuine mistakes are treated proportionately and persistent offenders are robustly addressed. This will ensure fairer and more consistent treatment for passengers.

2. A new cross-industry framework for prosecutions will be in place by the end of 2026, ensuring decisions are fair, proportionate and legally compliant.

3. Enhancements will be made to back-office systems to support improved data sharing and analytical capabilities.

4. Operators are making improvements to communications with passengers in relation to fare evasion – such as ensuring ticketing terms and conditions or appeals processes are clear, consistent and accessible.

Currently, many passengers lack confidence that they are receiving the best fare for their journey. Therefore, as part of a wider programme of reform, actions are being taken to address this:

1. The fares system is being simplified so that passengers can buy tickets with confidence, knowing they are getting the right fare every time.

2. Ticketing is being simplified through the expansion of initiatives like pay-as-you-go (tap-in tap-out technology).

3. Buying tickets should be simple for everyone. In future, passengers will be able to purchase their tickets from Great British Railways (GBR) new online retailer, replacing multiple operator websites and apps with a single easy-to-use platform in addition to existing third-party retailers. This platform will provide clear, accessible information on ticket types, validity and restrictions, helping passengers to make informed choices when purchasing.

4. Industry work is underway to update the National Rail conditions of travel, ensuring passengers have clear and accessible information on their ticketing terms and conditions.

Once delivered, these actions will make the system clearer and more transparent. Passengers will benefit from greater clarity, fairer outcomes and increased trust in the rail network.

Background

In November 2024, the previous Transport Secretary asked the ORR to conduct an independent review of train operators’ revenue protection practices. This followed media reports of cases in which train operators had appeared to act disproportionately, punishing passengers for innocent mistakes or prosecuting in circumstances which appeared inappropriate.

The review also followed a judgment by the chief magistrate in August 2024 that found several train operators had prosecuted fare evasion in error using the single justice procedure in conjunction with the Regulation of the Railways Act (1889). He concluded that all cases of this type should be annulled. Approximately 59,000 cases have since been identified, with impacted passengers contacted by His Majesty’s Courts and Tribunal Service (HMCTS).

Recommendation 1: make buying the right ticket simpler and easier

In their review, the ORR set out that passengers find it difficult to understand the types of tickets available, their validity and the restrictions that apply. They concluded that ticket rules and restrictions are too complex to be readily understood, which leads to confusion and unintentional errors.

The ORR recommended that information provided to passengers at the point of purchase needs to be clearer and, in the long term, future plans should consider reconfiguring retailing systems to ensure the essential information is transparent and accessible. 

Government response to recommendation 1

We acknowledge that the current fares and ticketing system is overly complex, with numerous ticket types, rules and restrictions that often cause passenger confusion. The absence of central oversight and decision-making has limited the ability to implement network-wide improvements that would benefit all passengers. It is vital that passengers can easily understand their options and feel confident they are getting the best value for their journey.

Working alongside the rail industry, we are replacing the tangled web of different train operator fares with clear and transparent pricing, making it easier for passengers to choose the right fare for their journey. By taking a network-wide approach, we are making fares easier to understand with fewer, clearer options. The transition to Great British Railways will support this by enabling a more unified and reliable offer across the network.

We continue to expand pay-as-you-go tap-in tap-out ticketing in urban areas to remove ticketing complexity and confusion. So far, tap-in-tap-out ticketing has been rolled out to around 100 additional stations in the south east, including Stanstead Airport which went live this year.

We are also working with local authorities to deliver tap-in tap-out ticketing in Greater Manchester and West Midlands authorities, with plans to expand the scheme to more than 90 additional rail stations soon. These changes enable more passengers to benefit from simpler and better value train journeys.

We are also working to make fares for longer journeys easier to understand. In partnership with London North Eastern Railway (LNER), we are delivering the simpler fares initiative on the East Coast Mainline. This initiative simplifies the ticketing offer by reducing it to just 3 ticket types per train. Additionally, it removes return fares that often had differing and complex validities. We continue to assess this trial and will apply the learning to future initiatives.

The ORR identified several cases where passengers appeared to have made genuine mistakes when using a railcard, yet were still pursued for fare evasion. To support passengers in feeling confident that they are purchasing valid railcard tickets, we are planning to pilot a new railcard validation service with Greater Anglia and c2c in the second half of 2026.

This service will introduce a simple railcard verification step before purchase, whether online, at ticket machines or at a ticket office. Once verified, passengers will automatically see the correct discount they are entitled to, making the process clearer and more reassuring.

As well as helping passengers feel confident that they are purchasing valid tickets, the railcard validation service will help protect the system from misuse. Preventing fraudulent railcard use, currently estimated to cost the industry and taxpayer around £20 million annually, will support a fairer and more sustainable railway for everyone.

We have already taken action to ensure that all train operators have added additional messaging on their websites where possible regarding the validity of railcards and the restrictions they carry, such as being valid only after a certain time or subject to a minimum fare. Each operator has implemented this differently, using methods like banners on webpages or updates to the booking process.

We have previously announced that once GBR is established, it will launch a high-quality website and app for passengers, replacing the aforementioned 14 different train operator websites and apps that currently exist, operating alongside third party retailers.

GBR’s online retailer will be a one-stop shop where passengers can check train times and book tickets. It will be intuitive and user-friendly, with clear, easy-to-understand information on ticket types, validity and any restrictions. This means passengers will be well informed and confident in their choices.

Recommendation 2: strengthen consistency in how passengers are treated when ticket issues arise

The ORR concluded that passengers should be treated fairly and consistently when they are found without a valid ticket. The review emphasised that the rail industry should focus its efforts on tackling deliberate fare evasion and recognise that genuine mistakes do happen and should be responded to proportionately.

The review also highlighted that operators currently use a wide range of policies, approaches and legal powers when pursuing fare evasion. This can lead to inconsistent treatment of passengers and sometimes unfair or disproportionate outcomes.

The ORR recommended that the rail industry adopt consistent principles as part of a new governance framework for revenue protection. This should include a tiered approach to determining the appropriate response based on likely passenger intent.

To support more targeted revenue protection, the ORR also called for improved data sharing across train operators. This would help identify persistent offenders while ensuring that passengers who make genuine mistakes are treated fairly.

In addition, the ORR urged the industry to identify and implement best practice in passenger education and awareness, particularly around the importance of travelling with the correct ticket, and to apply these approaches consistently across the network.

Government response to recommendation 2

We agree that passengers should be treated fairly and consistently when they are found not to have a valid ticket. We recognise that at present operators respond to ticketless travel differently across the network, which can lead to confusion and a sense of unfairness. This inconsistency stems from a lack of central oversight in revenue protection policy following privatisation, resulting in varying standards and outcomes that undermine trust in the system.

In future, GBR will end this fragmentation, creating a more consistent experience across the network, with passengers knowing what to expect, wherever and however they will travel. In the meantime, the Department for Transport Operator (DFTO) is carrying out a detailed review of the revenue protection practices of each operator as their operations move into public ownership, ensuring they act consistently and communicate clearly with passengers who have travelled without a valid ticket. For example, all written communications from publicly owned operators now follow shared principles, with content reviewed for clarity and ease of understanding.

DFTO is working with industry partners to share and apply lessons learned from this process across the rail sector. Best-practice principles for responding to fare evasion are being developed. These will include a clear step-by-step approach based on likely passenger intent, along with consistent, industry-wide policies and procedures. This will help ensure passengers are treated fairly and consistently. These principles will first be adopted by all publicly owned operators by the end of 2026, with other operators expecting to follow suit.

We agree that at present, data sharing across industry in relation to fare evasion is limited, and that change is required to enable better strategic focus on persistent offenders rather than those who have made genuine mistakes.  

Work is underway to develop a cross-industry back-office tool that will allow DfT-contracted operators to share information on revenue protection and prosecution activity, enabling more effective identification of repeat offenders. This is a complex project, as operators currently use different data collection methods and have varying supplier systems for staff tools. As a result, we anticipate this work to complete in 2027, at which point it will be adopted and taken forward by GBR.

Work is also underway to enhance the industry’s analytical capabilities around fare evasion. By using data more effectively, operators will be able to identify emerging trends and strategically target fare evasion. The project is expected to incorporate emerging technology to detect new patterns quickly, enabling a more agile and responsive approach. Improved capability will first be rolled out across DFTO operators prior to full industry rollout in 2027.

We agree that the rail industry should actively promote the importance of travelling with the correct ticket and clearly communicate the potential consequences of not doing so. To support this, RDG is developing an industry-wide strategy to ensure passengers receive clear, accessible information on ticketing terms and conditions, as well as fare evasion processes. This work will provide operators with best-practice communication tools to deliver consistent messages to passengers across the network, laying the groundwork for a unified approach ahead of GBR.

Recommendation 3: introduce greater consistency and fairness in the use of prosecutions

The ORR identified considerable variation in prosecutorial practices across train operators. Differences included:

• decisions on whether to bring charges against an individual
• the choice of legal procedures
• the use of out of court settlements

As a result, passengers may face different outcomes depending on which operator they travel with.  

To address this, the review recommended the introduction of a consistent industry test for prosecution, supported by guidance on considering public interest factors. It also called for the development of best practice principles for out-of-court settlements to ensure a uniform approach.

In addition, the ORR recommended that the government carry out a broader review of revenue protection legislation to simplify and clarify the legal framework across the rail sector, including consideration of railway byelaws.

Government response to recommendation 3

We support the use of prosecutions by train operators as a tool to deter fare evasion. However, we recognise that the approach to prosecution has varied significantly across operators, and in some cases it can appear disproportionate. This inconsistency has understandably contributed to a decline in passenger trust.

As outlined under our response to recommendation 2, DFTO is taking prompt action to review the revenue protection practices of each operator as their operations move into public ownership. This has included a review of operator prosecution practices and procedures to ensure consistency across the group.

Insights gained from DFTO’s process are helping to shape a consistent cross-industry approach to prosecutions. DFTO is leading work together to establish industry-wide policies, processes, decision criteria, evidential standards and principles for out-of-court settlements.

This framework is due for completion by late 2026 and will assist operators to conduct prosecutions that are fair, proportionate, consistent and legally compliant. It will also give passengers greater confidence that, if they travel without a valid ticket, their case will be assessed fairly and appropriately.

We recognise that revenue protection legislation is complex. As a result, operators have adopted different legal approaches, leading to inconsistent experiences for passengers facing prosecution across the network. We have commenced a review of the relevant legislation, including the legislation used to issue penalty fares and the Railway Byelaws, to ensure they are fit for purpose for today’s railway.

Our initial findings suggest that, in the short term, it may be more effective to provide operators with clear guidance on the legislation and prosecution procedures we expect them to follow, rather than seeking to repeal or amend older legislation. As outlined above, DFTO are working with industry partners to develop industry-wide policies and processes.

The Ministry of Justice (MoJ) is currently reviewing the oversight and regulation of private prosecutors, which includes train operators. MoJ will be responding to their Spring 2025 consultation in due course. DfT continues to work closely with MoJ.

Recommendation 4: make information on revenue protection easy to access and understand

In its review, the ORR highlighted that passengers often struggle to understand:

• ticket terms and conditions
• their rights
• revenue protection processes

The ORR recommended reviewing and improving passenger-facing revenue protection information to ensure it is accessible, clear and easy to understand. They also recommended that, where action is taken against a passenger for fare evasion, the process should be clearly explained, including any available options for resolution.

Government response to recommendation 4

We agree that passengers should be able to easily access information about ticketing terms and conditions, their rights and revenue protection processes. Information provided both online and in correspondence with passengers should be clear and easy to understand.  

As detailed earlier in our response, work is underway to improve the information provided to passengers at the point of sale, and providing clarity on ticketing validity is a particular focus. In future, GBR’s website and app will be user-friendly by design, with information relating to revenue protection made clear and accessible from the outset, enabling passengers to make informed choices and access the information they need promptly.  

As outlined in our response to recommendation 2, RDG is developing an industry-wide strategy to ensure passengers receive clear and accessible information about ticketing terms and conditions, as well as fare evasion processes. This work is laying the foundation for a unified approach ahead of the transition to GBR.

As part of this strategy, RDG has begun reviewing the National Rail Conditions of Travel (NRCoT), the document that sets out the rights and obligations of train operators and passengers across the rail network. The industry plans to review and overhaul industry terms and conditions to ensure that they are clear and that the requirement to hold a valid ticket and the consequences of travelling without one are communicated effectively.

Some changes have already been made and others will take place this year. For example, from 1 April 2026, changes to refund conditions are being introduced to address the significant post-travel refund fraud, which has been estimated at £40 million annually.

We agree that when action is taken against a passenger for fare evasion, the process must be clearly explained. As outlined in our response to recommendation 2, DFTO has already taken steps to ensure that publicly owned operators are acting consistently, including in their communications with passengers who have travelled without a valid ticket.

Insights from this work are helping to shape a consistent, cross-industry approach to prosecutions, as mentioned in our response to recommendation 3. DFTO are working with industry partners to develop industry-wide policies and processes, with completion expected by the end of 2026.

Recommendation 5: greater coordination, oversight and transparency of revenue protection activity

The ORR highlighted that revenue protection processes and practices have evolved over time in a fragmented way, leading to inconsistencies that affect both passengers and the wider industry. They note that there is no body with a role in oversight of this area, and that limited data is available to provide public assurance on how the system operates.

To address this, the ORR recommended establishing an appropriate forum or body to promote best practice across all aspects of revenue protection policy and enforcement. They also called for the creation of a shared revenue protection dataset, with consistent measures to support oversight, transparency, and more effective use of resources.

Government response to recommendation 5

We recognise that revenue protection processes and practices have developed independently over time, with operators creating their own policies and procedures in isolation since privatisation. This has led to inconsistencies across the network, resulting in passenger frustration and, in some cases, outcomes that feel unfair or disproportionate.

Looking ahead, GBR will address this fragmentation by creating a more consistent experience across the network, ensuring passengers know what to expect, wherever and however they travel.

As set out in response to previous recommendations, a plethora of work is now underway to ensure industry-wide practices are established, including:

• development of a cross-industry approach to prosecutions
• development of best practice principles for revenue protection

Work is also underway to ensure cross-industry data is captured effectively, with improved data sharing between operators.

In addition to these measures, a cross-industry revenue protection group has been established. Initially launched during the review period to support information sharing between revenue protection leads and the ORR, the group now continues to meet regularly to share best practice and address emerging issues.

Chaired by Rail Delivery Group (RDG), the group includes representatives from all train operators, the Department for Transport and DFTO. It also serves as a valuable forum for operators to stay informed and for staff to exchange expertise and insights.

Alongside improved coordination of policy and practice, we are also working to ensure that in-station approaches to tackling fare evasion are better aligned. This will help deliver greater value for taxpayers and a more consistent experience for passengers.

For example, in preparation for GBR, we have begun work to establish a centralised approach to the installation of ticket gates. These gates act as physical checkpoints, serving as a clear deterrent to deliberate fare evasion while reinforcing fairness for the vast majority of passengers who travel with a valid ticket.