Guidance

Railway byelaws

Published 22 September 2011

Made under section 219 of the Transport Act 2000 by the Strategic Rail Authority (the “authority”) and confirmed under schedule 20 of the Transport Act 2000 by the Secretary of State for Transport on 22 June 2005 for regulating the use and working of, and travel on or by means of, railway assets, the maintenance of order on railway assets and the conduct of all persons while on railway assets (the “byelaws”).

Introduction

Railway byelaws – why they help us to help you

Britain’s railway byelaws cover trains, track and stations across the country. Thousands of trains use as many stations throughout the day and night. To ensure ease of travel and safety on the railway system, including passengers, staff, property and equipment, the byelaws need to be observed by everyone.

Conduct and behaviour

Some practices can be generally unpleasant, or can be dangerous to yourselves and others. To make travelling more comfortable and safer, unacceptable behaviour is banned on the railways. Other activities, such as smoking and music have limits imposed on them so that the majority of railway users can travel in comfort.

Equipment and safety

Safety is paramount to the running of all railway services. The byelaws are very clear on matters of safety – and this protects equipment and property, as well as users and staff.

Control of premises

There are areas across the railway system that have restricted access, for example pedestrian-only areas, as using other forms of transport (eg bicycles) may cause a danger. Also, access is not allowed on any non-public parts of an operating network, such as railway embankments and underground tunnels. Various rules relating to the carriage of animals are also needed.

Travel and fares

There are many different types of tickets available for travel on the national rail network; each type has its own conditions of use. For example, some tickets may be used on the services of more than one operator; others can only be used on a specified train service. If you would like to know more about travel and fares, please ask the operator(s) of the service(s) for the journey you wish to make. Train companies can also give you details about the National Rail conditions of carriage that apply when you travel on passenger train services on the railway network.

The byelaws are there to help everyone to travel easily and safely. This can be only achieved if all users take time to consider their actions and observe the byelaws.

A full copy of the railway byelaws can be obtained free of charge from:

The Secretary,
Strategic Rail Authority,
55 Victoria Street,
London,
SW1H 0EU

or

Department for Transport,
76 Marsham Street,
London,
SW1P 4DR

Conduct and behaviour

1. Queuing

1. an operator or an authorised person may require any person to queue in order to regulate order or safety on or near the railway.
2. any person directed by a notice to queue, or when asked to queue by an authorised person, shall join the rear of the queue and obey the reasonable instructions of any authorised person regulating the queue.

2. Potentially dangerous items

1. except with written permission from an operator or an authorised person, no person shall bring with him or allow to remain on the railway any item which, in the opinion of an authorised person, may threaten, annoy, soil or damage any person or any property
2. if any person in charge of an item contrary to Byelaw 2(1) is asked by an authorised person to remove it and fails to do so immediately, it may be removed by or under the direction of an authorised person.

3. Smoking

No person shall smoke or carry a lighted pipe, cigar, cigarette, match, lighter or other lighted item on any part of the railway on or near which there is a notice indicating that smoking is not allowed.

4. Intoxication and possession of intoxicating liquor

1. no person shall enter or remain on the railway where such person is unfit to enter or remain on the railway as a result of being in a state of intoxication
2. where reasonable notice is, or has been, given prohibiting intoxicating liquor on any train service, no person shall have any intoxicating liquor with him on it, or attempt to enter such a train with intoxicating liquor with him
3. where an authorised person reasonably believes that any person is unfit to enter or remain on the railway, or has with him intoxicating liquor contrary to byelaw 4(2), an authorised person may:
   1. require him to leave the railway
   2. prevent him entering or remaining on the railway until an authorised person is satisfied that he has no intoxicating liquor with him and/or is no longer in an unfit condition

5. Unfit to be on the railway

No person shall enter or remain on the railway if, in the reasonable opinion of an authorised person, he is in an unfit or improper condition or his clothing may soil or damage any part of the railway or the property or clothing of any person on the railway.

6. Unacceptable behaviour

No person shall:

1. use any threatening, abusive, obscene or offensive language on the railway
2. behave in a disorderly, indecent or offensive manner on the railway
3. write, draw, paint or fix anything on the railway
4. soil any part of the railway
5. damage or detach any part of the railway
6. spit on the railway
7. drop litter or leave waste on the railway
8. molest or wilfully interfere with the comfort or convenience of any person on the railway

7. Music, sound, advertising and carrying on a trade

1. except with written permission from an operator no person on the railway shall, to the annoyance of any person:
   1. sing or
   2. use any instrument, article or equipment for the production or reproduction of sound
2. except with written permission from an operator no person on the railway shall:
   1. display anything for the purpose of advertising or publicity, or distribute anything or
   2. sell or expose or offer anything for sale or
   3. tout for, or solicit money, reward, custom or employment of any kind
3. a person shall have the written permission referred to in Byelaw 7(1) or 7(2) with him when undertaking the activities referred to in Byelaw 7(1) or 7(2) on the railway and shall hand it over for inspection when asked by an authorised person. A person shall comply with any conditions set out in or attached to the written permission

8. Unauthorised gambling

No person shall gamble on any part of the railway except lawful gambling on premises authorised by an operator for that purpose.

Equipment and safety

9. Stations and railway premises

1. no person shall use any escalator except by standing or walking on it in the direction intended for travel
2. where the entrance to or exit from any platform or station is via a manned or an automatic ticket barrier no person shall enter or leave the station, except with permission from an authorised person, without passing through the barrier in the correct manner
3. no person shall open a barrier or any other gate on the railway except where there is a notice indicating that it may be used by him or with permission from an authorised person
4. where there is a notice by an entrance or exit on any part of the railway indicating that it shall be used for entrance or exit only, no person shall enter by the exit or leave by the entrance. No person shall enter or leave by an emergency exit except in an emergency or when directed to do so by an authorised person
5. no person shall move, operate or stop any lift or escalator except in:
   1. an emergency by means of equipment on or near which is a notice indicating that it is intended to be used in an emergency or
   2. case of a lift, by means of any of the controls intended for use by that person

10. Trains

1. no person shall enter through any train door until any person leaving by that door has passed through
2. no person shall be in or on any train except the parts of it intended for use by that person
3. no person shall open a train door, or enter or leave any train, while it is in motion or between stations
4. no person shall enter or leave a train except by proper use of a train door
5. in the case of automatic closing doors, no person shall enter or leave by the door when it is closing

11. General safety

No person shall:

1. move, operate, obstruct, stop or in any other way interfere with any automatic closing door, train, or any other equipment on the railway except:
   1. in an emergency, by means of any equipment on or near which there is a notice indicating that it is intended to be used in an emergency or
   2. any equipment intended for the use of passengers in that way in normal operating circumstances
2. place, throw, drop or trail anything on the railway which is capable of injuring, damaging or endangering any person or any property
3. without reasonable cause, activate any emergency system and/or any communications system provided on any part of the railway including a train

12. Safety instructions

1. an operator may issue reasonable instructions relating to safety on any part of the railway by means of a notice on or near that part of the railway. No person shall, without good cause, disobey such notice
2. an authorised person may, in an emergency or in other circumstances in which he believes he should act in the interests of safety, issue instructions to any person on the railway. No person shall, without good cause, disobey such instructions
3. no offence is committed under these byelaws where a person acts in accordance with the notices or instructions given under Byelaw 12(1) or 12(2)

Control of premises

13. Unauthorised access and loitering

No person shall:

1. enter or remain on any part of the railway where there is a notice:
   1. prohibiting access or
   2. indicating that it is reserved or provided for a specified category of person only, except where he belongs to that specified category
2. loiter on the railway if asked to leave by an authorised person

14. Traffic signs, causing obstructions and parking

1. no person in charge of any motor vehicle, bicycle or other conveyance shall use it on any part of the railway in contravention of any traffic sign
2. no person in charge of any motor vehicle, bicycle or other conveyance shall leave or place it on any part of the railway:
   1. in any manner or place where it may cause an obstruction or hindrance to an operator or any person using the railway or
   2. otherwise than in accordance with any instructions issued by or on behalf of an operator or an authorised person
3. no person in charge of any motor vehicle, bicycle or other conveyance shall park it on any part of the railway where charges are made for parking by an operator or an authorised person without paying the appropriate charge at the appropriate time in accordance with instructions given by an operator or an authorised person at that place
4. in England and Wales
   1. the owner of any motor vehicle, bicycle or other conveyance used, left or placed in breach of Byelaw 14(1) to 14(3) may be liable to pay a penalty as displayed in that area
   2. without prejudice to Byelaw 14(4)(i), any motor vehicle, bicycle or other conveyance used, left or placed in breach of byelaw 14(1) to 14(3) may be clamped, removed, and stored, by or under the direction of an operator or authorised person
   3. the owner of the motor vehicle, bicycle or other conveyance shall be liable to an operator or an authorised person for the costs incurred in clamping, removing and storing it provided that there is in that area a notice advising that any vehicle parked contrary to these byelaws may be clamped, removed and stored by an operator or an authorised person and that the costs incurred by an operator or an authorised person for this may be recovered from the vehicle’s owner
   4. the power of clamping and removal provided in Byelaw 14(4)(ii) above shall not be exercisable in any area where passenger parking is permitted unless there is on display in that area a notice advising that any vehicle parked contrary to these byelaws may be clamped and/or removed by an operator or an authorised person
5. in Scotland
   Any motor vehicle, bicycle or other conveyance used, left or placed in breach of this byelaw in Scotland may be removed by or under the direction of a constable

15. Pedestrian-only areas

1. any person who enters, or is on, any part of the railway to which the public have access must be on foot, except where:
   1. there is a notice permitting access to that part of the railway to those with specified conveyances or
   2. an operator or an authorised person has given permission

and in either case he shall obey any instructions given by an operator or an authorised person.
2.no person shall be in breach of this byelaw for properly using a baby carriage or wheelchair, except where there is a notice or instructions given by an authorised person to the contrary

16. Control of animals

1. an operator may refuse carriage or entry to any animal
2. no person shall bring an animal on to the railway without a valid ticket for that animal, if an operator requires him to have a valid ticket for the carriage of such an animal
3. except with permission from an operator or an authorised person, no person shall bring an animal on to the railway, which, in the opinion of an authorised person may threaten, annoy, soil or damage any person or property
4. if any person in charge of an animal in breach of Byelaw 16(1), 16(2) or 16(3) is asked by an authorised person to remove that animal and fails to do so immediately, that animal may be removed by or under the direction of an authorised person
5. no person in charge of an animal shall allow it to foul or damage any part of the railway
6. any person in charge of an animal shall carry it when on an escalator that is in motion
7. no person in charge of any animal shall leave or place it unattended on any part of the railway (except in a place provided for that purpose by an operator and only for as long as it is absolutely necessary and in accordance with any direction of an operator or an authorised person)
8. any animal left or placed in breach of Byelaw 16(7) may be removed and/or stored by or under the direction of an authorised person. The person in charge of the animal shall be liable to an operator for the cost incurred by an operator or an authorised person in removing and storing it
9. any person in charge of an animal that has soiled or caused damage to any part of the railway shall be liable to an operator for the cost of putting the property soiled or damaged back into its proper condition
10. any liability to an operator under byelaw 16(8) or 16(9) is in addition to any penalty for the breach of byelaw 16

Travel and fares

17. Compulsory ticket areas

1. no person shall enter a compulsory ticket area on the railway unless he has with him a valid ticket
2. a person shall hand over his ticket for inspection and verification of validity when asked to do so by an authorised person
3. no person shall be in breach of Byelaw 17(1) or 17(2) if:
   1. there were no facilities in working order for the issue or validation of any ticket at the time when, and the station where, he began his journey or
   2. there was a notice at the station where he began his journey permitting journeys to be started without a valid ticket or
   3. an authorised person gave him permission to travel without a valid ticket

18. Ticketless travel in non-compulsory ticket areas

1. in any area not designated as a compulsory ticket area, no person shall enter any train for the purpose of travelling on the railway unless he has with him a valid ticket entitling him to travel
2. a person shall hand over his ticket for inspection and verification of validity when asked to do so by an authorised person
3. no person shall be in breach of Byelaw 18(1) or 18(2) if:
   1. there were no facilities in working order for the issue or validation of any ticket at the time when, and the station where, he began his journey or
   2. there was a notice at the station where he began his journey permitting journeys to be started without a valid ticket or
   3. an authorised person gave him permission to travel without a valid ticket

19. Classes of accommodation, reserved seats and sleeping berths

Except with permission from an authorised person, no person shall remain in any seat, berth or any part of a train where a notice indicates that it is reserved for a specified ticket holder or holders of tickets of a specific class, except the holder of a valid ticket entitling him to be in that particular place.

20. Altering tickets and use of altered tickets

No person shall:

1. alter any ticket in any way with the intent that an operator shall be defrauded or prejudiced
2. knowingly use any ticket which has been altered in any way in breach of Byelaw 20(1)

21. Unauthorised buying or selling of tickets

1. subject to Byelaw 21(4), no person shall sell or buy any ticket
2. subject to Byelaw 21(4), no person shall transfer or receive any unused or partly used ticket, intending that any person shall use it for travelling unless the conditions of use for the ticket specifically permit such transfer
3. subject to Byelaw 21(4), no person shall knowingly use any ticket which has been obtained in breach of Byelaw 21
4. the sale or transfer by, or the purchase or receipt from, an authorised person in the course of his duties or from an authorised ticket machine is excepted from the provisions of Byelaw 21

22. Fares offences committed on behalf of another person

No person shall:

1. buy a ticket on behalf of another intending to enable another person to travel without having paid the correct fare
2. transfer or produce a ticket on behalf of another person intending to enable that other person to travel without having paid the correct fare

Enforcement and interpretation

23. Name and address

1. any person reasonably suspected by an authorised person of breaching or attempting to breach any of these byelaws shall give his name and address when asked by an authorised person.

2. the authorised person asking for details under Byelaw 23(1) shall state the nature of the breach of any of these byelaws in general terms at the time of the request.

24. Enforcement

1. offence and level of fines: any person who breaches any of these byelaws commits an offence and, with the exception of Byelaw 17, may be liable for each such offence to a penalty not exceeding level 3 on the standard scale
2. removal of persons:
   1. any person who is reasonably believed by an authorised person to be in breach of any of these byelaws shall leave the railway immediately if asked to do so by an authorised person
   2. any person who is reasonably believed by an authorised person to be in breach of any of these byelaws and who fails to desist or leave when asked to do so by an authorised person may be removed from the railway by an authorised person using reasonable force. This right of removal is in addition to the imposition of any penalty for the breach of these byelaws
   3. no person shall fail to carry out the instructions of an authorised person acting in accordance with powers given by these byelaws or any other enactment
   4. in exercising powers conferred by Byelaws 24(2)(i) and 24(2)(ii) the authorised person shall state the nature of the breach of any of these byelaws in general terms prior to exercising the power conferred upon him
3. identification of authorised persons: an authorised person who is exercising any power conferred on him by any of these byelaws shall produce a form of identification when requested to do so and such identification shall state the name of his employer and shall contain a means of identifying the authorised person
4. notices: no person shall be subject to any penalty for breach of any of the byelaws by disobeying a notice unless it is proved to the satisfaction of the court before whom the complaint is laid that the notice referred to in the particular byelaw was displayed
5. attempts: any person who attempts to breach any of the byelaws numbered 9, 10, 11, 13(1), 20(2) and 21 shall be liable to the same penalty as given above for breach of that byelaw
6. breaches by authorised persons: an authorised person acting in the course of his duties shall not be liable for breach of any of the byelaws numbered 2, 4(2), 6(3) and 6(5), 7, 9, 10, 11(1), 13, 14, 15, 16(6), 17, 18, 19 and 20(1)

25. Interpretation

1. Definitions

In these byelaws the following expressions have the following meanings:

“authorised person” means:

1.a person acting in the course of his duties who:

(a) is an employee or agent of an operator

or

(b) any other person authorised by an operator

or

2.any constable, acting in the execution of his duties upon or in connection with the railway

“Compulsory ticket area” means any area designated as such under a penalty fares scheme and identified by a notice to this effect. Persons who enter a compulsory ticket area without being in possession of a valid ticket may be liable to pay a penalty fare.

“Escalator” includes any travelator or similar device.

“Exemption order” means the Strategic Rail Authority (licence exemption) order 2001 (SI 2001/218)

“Intoxication” means being under the influence of intoxicating liquor, drugs or other substances.

“Intoxicating liquor” has the meaning in England and Wales given to it in the Licensing Act 1964 (as amended or replaced from time to time) and in Scotland means “alcoholic liquor” as that term is defined in the Licensing (Scotland) Act 1976 (as amended or replaced from time to time).

“Notice” means a notice given by or on behalf of an operator.

“Operator” means:

1. any person authorised to be the operator of a railway asset by virtue of him holding a licence granted in accordance with Section 8 of the Railways Act 1993 (as amended by the Transport Act 2000; as amended by the Railways Act 2005), and
2. those persons listed in schedule one

but excluding those persons listed in schedule two

“Previous byelaws” means those byelaws listed in the table of previous byelaws, which have been made in relation to the railway by:

1. an independent railway operator under section 129 of the Railways Act 1993, and
2. the Strategic Rail Authority under section 219 and schedule 20 of the Transport Act 2000

Operator	Railways Act 1993	Transport Act 2000	Made	Confirmed
Anglia Railways	Yes	No	01.04.99	19.12.00
Arriva Trains Wales/Trenau Arriva Cymru Ltd	No	Yes	22.10.03	04.12.03
Central Trains Limited	Yes	No	06.05.99	19.12.00
Connex South Eastern Limited	Yes	No	02.03.99	19.12.00
Connex South Central Limited	Yes	No	02.03.99	19.12.00
Cross Country Trains Limited	Yes	No	14.04.99	19.12.00
English Welsh & Scottish Railway Limited	Yes	No	24.05.99	19.12.00
English Welsh & Scottish Railway International Limited	Yes	No	28.05.99	19.12.00
Eurostar (UK) Limited	Yes	No	16.02.99	19.12.00
First/Keolis TransPennine Limited	No	Yes	17.12.03	29.01.04
Freightliner Limited	Yes	No	23.03.99	19.12.00
Gatwick Express Limited	Yes	No	06.05.99	19.12.00
Great Eastern Railway Limited	Yes	No	05.03.99	19.12.00
Great North Eastern Trains Company Limited	Yes	No	29.03.99	19.12.00
Great Western Trains Company Limited	Yes	No	22.02.99	19.12.00
Heathrow Express	Yes	No	19.11.97	22.01.98
Island Line Limited	Yes	No	11.02.99	19.12.00
LTS Rail Limited	Yes	No	10.02.99	19.12.00
Merseyrail Electrics (2002) Limited	No	Yes	20.05.03	10.07.03
Midland Main Line Limited	Yes	No	15.03.99	19.12.00
North Western Trains Company Limited	Yes	No	02.03.99	19.12.00
Northern Spirit Limited	Yes	No	19.05.99	19.12.00
Rail Express Systems Limited	Yes	No	24.05.99	19.12.00
RailTrack plc	Yes	No	01.04.99	19.12.00
ScotRail Railways Limited	Yes	No	12.04.99	19.12.00
Silverlink Train Services Limited	Yes	No	23.02.99	19.12.00
South West Trains Limited	Yes	No	11.02.99	19.12.00
Thames Trains Limited	Yes	No	30.04.99	19.12.00
Thameslink Rail Limited	Yes	No	29.01.99	19.12.00
The Chiltern Railway Company Limited	Yes	No	05.05.99	19.12.00
Wales & West Passenger Trains Limited	Yes	No	02.03.99	19.12.00
West Anglia Great Northern Railway Limited	Yes	No	08.02.99	19.12.00
West Coast Trains Limited	Yes	No	14.04.99	19.12.00

“Railway” means the railway assets of, or under the management of, an operator.

“Railway assets” means any:

• train
• network
• station
• light maintenance depot

and any associated track, buildings and equipment.

“Standard scale” means in relation to:

1. England and Wales the meaning given by section 37 of the Criminal Justice Act 1982, and
2. Scotland the meaning given by section 225(1) of the Criminal Procedure (Scotland) Act 1995

and any replacement, modification or amendment thereto.

“Ticket” includes:

1. a ticket (including one issued by or on behalf of another railway undertaking) authorising the person for whom it is issued to make the journey covered by the fare paid on a train provided by an operator (whether or not it also authorises that person to make a journey on a train provided by another railway undertaking)
2. any permit authorising the person to whom it is issued to travel on a train provided by an operator (whether or not it also authorises that person to make a journey on a train provided by another railway undertaking)
3. an authority to travel on a train provided by an operator subject to a condition that payment of the correct fare for the person using that authority on which it is used is made during or at the end of that journey or otherwise as provided by the terms applicable to its use
4. a ticket authorising a person to enter a compulsory ticket area but not to make a train journey
5. any type of free pass, privilege ticket, or any warrant, identity card, voucher, or other similar authority accepted by an operator as authority to travel, or in exchange for or on production of which a ticket for travel may be issued
6. any identity card, reservation or other document required by an operator to be held or produced for use with other travel documents
7. any type of smart card, pre-pay, or other form of electronic ticket, and
8. any other ticket or document issued for the purpose of travel of any animal or article on the railway accepted by an operator

“Traffic sign” means an object or device for conveying, to traffic or any specified class of traffic, warnings, information, requirements, restrictions or prohibitions of any kind.

“Train” means any item of rolling stock and includes any carriage, wagon or locomotive.

“Valid ticket” means a ticket (including any associated photo/identity card and/or other travel document) lawfully obtained by or on behalf of the person using or attempting to use it and entitling that person to use the particular railway service he is using or attempting to use. Where the terms attaching to the ticket require validation of the ticket, such ticket shall not be considered to be a valid ticket for the purposes of these byelaws unless and until the ticket has been properly validated.

2. Introduction, table of contents and headings

The introduction, table of contents and headings used in these byelaws are for assistance only and are not to be considered as part of these byelaws for the purpose of interpretation.

3. Plural

Unless the context requires to the contrary, words importing the singular shall include the plural and vice versa.

4. Gender

Unless the context requires to the contrary, words importing one gender shall include the other gender.

26. Coming into operation of these byelaws and revocation of the previous byelaws

These byelaws will come into operation in accordance with the provisions of Section 219 and Schedule 20 of the Transport Act 2000. When these byelaws come into effect, the previous byelaws and any other byelaws previously made in relation to the railway by the British Railways Board under the provisions of Section 67 of the Transport Act 1962 on 6 August 1965, and confirmed by the Minister for Transport on 1 September 1965 and amendments thereto confirmed by the Minister of Transport on 12 August 1980; and by the Secretary of State for Transport on 16 November 1981, 9 July 1986 and 26 October 1990 shall be revoked insofar as they apply to railway assets operated by an operator.

This revocation is without prejudice to the validity of anything done under the previous byelaws or to any liability incurred in respect of any act or omission before the date of the coming into operation of these byelaws.

The Seal of the Strategic Rail Authority hereto affixed is authenticated by:

Robert Plampin, Secretariat Team Manager, being a person authorised by the Strategic Rail Authority on 24 May 2004.

The Secretary of State for Transport confirms the above byelaws pursuant to Schedule 20 of the Transport Act 2000 and fixes 7 July 2005 as the date the byelaws shall come into operation.

Signed by the authority of the Secretary of State for Transport on 22 June 2005.

Peter McCarthy, Rail Safety and Regional Division, Department for Transport.

Certificate of authenticity

It is hereby certified that:

1. the above byelaws were made by the Strategic Rail Authority
2. this is a true copy of the byelaws
3. on 22 June 2005 the byelaws were confirmed pursuant to schedule 20 of the Transport Act 2000 by the Secretary of State for Transport
4. the byelaws came into operation on 7 July 2005

Robert Plampin, Secretariat Team Manager of the Strategic Rail Authority.

Schedule one

Byelaw 25(1), definition of “operator”: operators defined under sub-section (ii)

• Abbey Rail Limited (Registration Number 04659708)
• Broadway Rail Limited (Registration Number 04659516)
• Golding’s Rail Limited (Registration Number 03266760)
• Hay’s Rail Limited (Registration Number 03266762)
• OQS Rail Limited (Registration Number 03076444)
• Orchard Rail Limited (Registration Number 04659669)
• South Eastern Trains Limited (Registration Number 03666306)
• South Eastern Trains Holdings Limited (Registration Number 03266770)
• Strutton Rail Limited (Registration Number 04659712)
• Westminster Rail Limited (Registration Number 04661194)
• any other wholly owned subsidiary of the authority to which the exemption order applies

Schedule two

Byelaw 25(1), definition of “operator”: operators excluded by this definition

• Great Central Railway (Nottingham) Limited
• London Underground Limited
• Tube Lines Limited
• Tyne and Wear Passenger Transport Executive