As regular users of the railway will be aware, a series of byelaws exist to facilitate the safe and efficient operation of the National Rail network.
These byelaws, originally made under section 219 of the Transport Act 2000 and confirmed under schedule 2 of the same Act, are enforceable by the Magistrates' Court.
For the purposes of these byelaws an "authorised person" is:
- any person acting in the course of their duties, who is an employee or agent of a rail operator; or
- any other authorised by a rail operator; or
- any constable acting in connection with their duties upon or in relation to the railway.
You can read the full railway byelaws here.
Unless indicated otherwise, the maximum penalty for breaching these byelaws is a fine at level 3 (£1,000).
It is worth pointing out that byelaw 12 creates a statutory defence. It states that no byelaw offences are committed by a person acting in accordance with safety instructions displayed on a notice by a rail operator or given to them by an authorised person.
Below find a selection of byelaw offences. For brevity and convenience I have simplified the wording of some of these:
1. It is an offence for any person on the railway not to queue when required to do so by a notice or authorised person (Byelaw 1).
2. It is an offence for any person on the railway not to follow the reasonable instructions of an authorised person regulating a queue (Byelaw 1).
3. It is an offence, without the prior written permission of a rail operator or authorised person, to take onto the railway any item that might cause damage or annoyance (Byelaw 2).
4. Any person who, without the prior written permission of a rail operator or authorised person, takes onto the railway any item that might cause damage or annoyance, commits an offence if they fail to immediately remove it when directed to do so by an authorised person (Byelaw 2).
5. It is an offence for any person to smoke or create or carry any flame anywhere on the railway where there is a no smoking sign (Byelaw 3).
6. It is an offence for any person to enter or remain on the railway when they are in an unfit state due to intoxication (Byelaw 4).
7. If a rail operator has given reasonable notice that alcohol is prohibited on a train, it is an offence for any person to board or attempt to board that train with alcohol in their possession (Byelaw 4).
8. If an authorised person is of the reasonable belief that a person is in an unfit state to enter or remain on the railway due to intoxication, that person commits an offence if they fail to leave the railway when directed to do so by an authorised person (Byelaw 4).
9. It is an offence for any person to enter or remain on the railway if, in the reasonable opinion of an authorised person, they are in an unfit or improper condition (Byelaw 5).
10. It is an offence for any person to enter or remain on the railway if, in the reasonable opinion of an authorised person, their clothing may soil or damage any part of the railway or any other person or their property travelling on the railway (Byelaw 5).
11. It is an offence for any person to:
(a) use any threatening, abusive, obscene or offensive language on the railway;
(b) behave in a disorder, indecent or offensive manner on the railway;
(c) write, draw, fix or paint anything on the railway;
(d) soil any part of the railway;
(e) damage or detach any part of the railway;
(f) spit on the railway;
(g) drop litter or leave waste on the railway;
(h) molest or wilfully interfere with the comfort or convenience of any person on the railway.
(Byelaw 6).
12. It is an offence, without the prior written permission of a rail operator, for any person on the railway to sing, use any musical instrument, or use any other sound-producing device to the annoyance of any other person (Byelaw 7).
13. It is an offence, without the prior written permission of a rail operator, for any person on the railway to display or distribute any advertising material (Byelaw 7).
14. It is an offence, without the prior written permission of a rail operator, for any person on the railway to sell or offer any item for sale (Byelaw 7).
15. It is an offence, without the prior written permission of a rail operator, for any person on the railway to tout or solicit money, reward, custom or employment of any sort (Byelaw 7).
16. A person who has the written permission of a rail operator in relation to Byelaw 7 (e.g. singing, using an instrument, using a sound-producing device, advertising, touting, selling, offering for sale etc) commits an offence if they fail to comply with any conditions attached to that permission (Byelaw 7).
17. A person who has the written permission of a rail operator in relation to Byelaw 7 (e.g. singing, using an instrument, using a sound-producing device, advertising, touting, selling, offering for sale etc) commits an offence if they fail to produce a copy of that permission when directed to do so by an authorised person (Byelaw 7).
18. It is an offence to gamble on the railway, except for lawful gambling on premises authorised by a rail operator for that purpose (Byelaw 8).
19. It is an offence for anyone on the railway to use an escalator except by standing on it and travelling in the intended direction (Byelaw 9).
20. When there are ticket gates or barriers, it is an offence for any person to enter or leave the railway without passing through the gate or barrier in the correct manner, unless they have the permission of an authorised person (Byelaw 9).
21. It is an offence for any person on the railway to open any gate or barrier unless there is a notice indicating they can, or they have the permission of an authorised person (Byelaw 9).
22. It is an offence for any person on the railway to enter through any labelled exit, or exit through any labelled entrance (Byelaw 9).
23. It is an offence for any person on the railway to exit through any emergency exit except in a genuine emergency or when directed to do so by an authorised person (Byelaw 9).
24. It is an offence for any person on the railway to move, stop or operate any escalator other than by the labelled emergency procedure in a genuine emergency (Byelaw 9).
25. It is an offence for any person to enter through a train door until any person leaving via that door has passed through (Byelaw 10).
26. It is an offence for any person to be in any part of a train they are not authorised to be in (Byelaw 10).
27. It is an offence for any person to open a train door, or enter or leave any train, while it is in motion or between stations (Byelaw 10).
28. It is an offence for any person to enter or leave a train except by making proper use of the doors, except in a genuine emergency (Byelaw 10).
29. It is an offence for any person to enter or leave a train door during the automatic door closing process (Byelaw 10).
30. It is an offence for any person to obstruct or otherwise interfere with any automatic closing door, other than by the labelled emergency procedure in a genuine emergency (Byelaw 11).
31. It is an offence for any person to place, throw, drop or trail anything on the railway that is capable of causing damage or endangering the safety of any other person (Byelaw 11).
32. It is an offence for any person on the railway to activate any emergency or communications system without reasonable cause (Byelaw 11).
33. It is an offence for any person on the railway, without good cause, to disobey any reasonable safety instructions displayed by a rail operator (Byelaw 11).
34. It is an offence for any person on the railway, without good cause, to disobey any reasonable safety instructions given to them by an authorised person (Byelaw 11).
35. It is an offence for any person to enter or remain on the railway when there is a sign prohibiting their access (Byelaw 12).
36. It is an offence for any person to loiter on the railway when required to leave by an authorised person (Byelaw 12).
37. It is an offence for any person in charge of a motor vehicle, bicycle or other conveyance to use it on any part of the railway in contravention of traffic signs (Byelaw 13).
38. It is an offence for any person in charge of a motor vehicle, bicycle or other conveyance to leave it or place it on any part of the railway where it may cause an obstruction or hinderance to a rail operator or any other person using the railway (Byelaw 14).
39. It is an offence for any person in charge of a motor vehicle, bicycle or other conveyance to leave it or place it on any part of the railway otherwise than in accordance with any instructions issued by a rail operator or authorised person (Byelaw 14).
40. It is an offence for any person in charge of a motor vehicle, bicycle or other conveyance to park it on any part of the railway without paying any parking charge imposed by a rail operator (Byelaw 14).
41. It is an offence for any person to enter or remain on the railway other than by on foot, unless a notice is displayed permitting access by another form of conveyance or permission has been given by an authorised person. This byelaw does not apply to the use of wheelchairs or baby carriages, unless there is signage to the contrary or an authorised person gives instructions to the contrary (Byelaw 15).
42. It is an offence to take any animal on the railway without a valid ticket for that animal, if a rail operator requires carriage of the animal to be covered by a valid ticket (Byelaw 16).
43. It is an offence, without the prior permission of a rail operator or authorised person, for any person to take an animal onto the railway if, in the opinion of an authorised person, the animal may threaten, annoy, soil or damage any person or their property (Byelaw 16).
44. It is an offence for any person in charge of an animal to allow it to foul or damage any part of the railway (Byelaw 16).
45. It is an offence for any person in charge of an animal to leave it unattended on any part of the railway, except in a place specially designated for that purpose by a rail operator or an authorised person and only then for the shortest time possible (Byelaw 16).
46. It is an offence for any person to enter a compulsory ticket area on the railway unless they have a valid ticket. This does not apply if there were no facilities in working order for the issue or validation of tickets at the start time and/or station of their journey. It does not apply if the person was informed via a sign or authorised person at their starting station that they could travel without a valid ticket (Byelaw 17).
47. It is an offence for any person travelling on the railway to refuse to present their ticket for inspection when required to do so by an authorised person (Byelaw 17).
48. It is an offence for any person, without permission from an authorised person, to remain in any seat, berth or part of a train reserved for holders of a specific type/class of ticket, unless they have a valid ticket of the correct type/class (Byelaw 19).
49. It is an offence for any person travelling on the railway to alter a ticket with the intent that a rail operator might be defrauded or prejudiced (Byelaw 20).
50. It is an offence for any person travelling on the railway to knowingly use any ticket that has been altered with the intent that a rail operator might be defrauded or prejudiced (Byelaw 20).
51. It is an offence for any person to sell or transfer any ticket, except for an authorised person in the course of their duties or an authorised ticket vending machine (Byelaw 21).
52. It is an offence for any person to buy a ticket on behalf of another, with the intention of allowing the other to travel without having paid the correct fare (Byelaw 22).
53. It is an offence for any person to transfer or produce a ticket on behalf of another, with the intention of allowing the other to travel without having paid the correct fare (Byelaw 22).
54. It is an offence for any person reasonably suspected of breaching any of these byelaws to fail to provide their name and address when required to do so by an authorised person (Byelaw 23).
55. It is an offence for any person reasonably suspected of breaching any of these byelaws to fail to immediately leave the railway when required to do so by an authorised person (Byelaw 24).
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