The Office of Rail and Road says improvements are needed to revenue protection, making it more consistent, fairer and effective.

There have been many reports of heavy-handed incidents. For example, a young passenger accidentally chose the wrong railcard when buying a ticket, and although the discount was the same and she could produce her railcard, she was penalised by a revenue protection inspector for her error.

A detailed review commissioned by the government has revealed the flaws in the current system, which the ORR says is not working in the interests of passengers, operators or taxpayers.

Research for the report found that there is ‘significant inconsistency’ in revenue protection methods, and that passengers are treated very differently by various operators.

One major problem is that passengers can be confused by the complexity of the rules, while many do not understand their rights if they are accused of fraud.

The reforms set out in the report include making buying the right ticket simpler and easier, with much more clarity about restrictions, the use of railcards and which routes are permitted. Operators are also being told that the rules should be consistent everywhere on National Rail, and that when passengers are accused of irregular travel they should be treated consistently, with revenue inspectors concentrating on those cases where there is evidence of an intention to avoid paying the right fare rather than an innocent mistake.

Operators are also being urged to introduce greater consistency and fairness in the use of prosecutions.

The transport secretary and Department for Transport will now consider the recommendations.

The ORR’s director of strategy, policy and reform Stephanie Tobyn said: ‘Effective revenue protection is essential for a sustainable railway, but it must be fair and proportionate for passengers. Our recommendations aim to protect both industry revenue and support passenger confidence.

‘Our evidence shows a system that has evolved over time where the legal framework and enforcement processes are increasingly complex and appear weighted towards industry, leaving some passengers who make innocent errors vulnerable to disproportionate outcomes. But meanwhile, fare evasion remains a significant problem, and rigorous action should be taken against those who intentionally seek to defraud the railway.’

Rail minister Lord Hendy said: ‘This report shows that decades of failed privatisation have created a mess of deep-rooted issues across our railways, which have been left unchallenged and are now causing chaos and frustration for passengers.

‘Through the creation of Great British Railways, we’re bringing operators together to establish oversight and better standardise practices, putting an end to inconsistent prosecutions and making sure passengers are treated fairly.

‘Deliberate fare-dodging costs the taxpayer up to £400 million annually, but ham-fisted prosecutions that punish people who have made an innocent mistake is not the way to do this. We will look at this report in detail and set out what we’ll be doing to address the issues raised in due course.’

The Rail Delivery Group, which represents operators, said: ‘We welcome the ORR’s sensible recommendations to standardise revenue-protection practices, remove complexity and improve transparency for customers. The rail industry will work on implementing the recommendations in line with our plans to create a simpler, better-value fares system.

‘Fare evasion remains a significant challenge for the industry, costing the railway hundreds of millions of pounds each year. That’s money that can’t be used to improve services, which increases the burden on customers and taxpayers. So we need to strike the right balance addressing genuine, honest mistakes made by customers and taking firm action against those who deliberately and persistently seek to exploit the system.

‘The rail industry is taking concrete steps to simplify fares, ticketing and retail which will lay the foundation for GBR to adopt and build upon, ensuring revenue-protection practices are proportionate, transparent, and customer-focused.’

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