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Railways & BTP· 2005

Railway Byelaws 2005

Railway Byelaws 2005

National Rail Byelaws made under section 219 of the Transport Act 2000 by the Strategic Rail Authority. Apply to the operational railway across England, Wales and Scotland — stations, trains, depots and connected land. Enforced by BTP and authorised railway staff.

Self-test

Sections

Byelaw 1 — Definitions and interpretation

Sets out the meaning of key terms used throughout the byelaws — including 'Operator', 'authorised person', 'Railway Property', 'station' and 'train'. Read this first; almost every other byelaw refers back to it.

Key points
  • 'Authorised person' includes a constable and any person authorised by an Operator.
  • 'Railway Property' covers trains, stations, depots, track and any land/equipment used for railway purposes.
  • 'Operator' is any person providing rail services or managing infrastructure.

Byelaw 2 — Ticketless travel in non-compulsory ticket areas

No person shall enter a train for the purpose of travelling on the railway unless they have with them a valid ticket entitling them to travel.

Key points
  • Strict liability — no need to prove intent.
  • Ticket must be valid for the journey, class and time of travel.
  • Defence: no facilities for issuing/validating a ticket were available at the starting station.
  • Maximum penalty: level 3 fine on the standard scale.

Byelaw 3 — Unacceptable behaviour

Prohibits behaviour likely to cause annoyance, inconvenience or alarm — including using threatening, abusive, obscene or offensive language, behaving in a disorderly, indecent or offensive manner, or molesting/wilfully interfering with any person.

Key points
  • Covers verbal abuse, harassment, indecent behaviour and intimidation.
  • Applies anywhere on Railway Property, including stations and trains.
  • Often used alongside Public Order Act 1986 offences.

Byelaw 4 — Queuing

A person must join and remain in any queue formed for railway services or facilities when directed to do so by an authorised person.

Key points
  • Direction must come from an authorised person.
  • Designed to manage crowds at busy stations and during disruption.

Byelaw 5 — Smoking

No person shall smoke or carry a lighted pipe, cigar or cigarette on any part of the railway where notices prohibiting smoking are exhibited. In practice the entire National Rail network is a no-smoking environment.

Key points
  • Includes e-cigarettes and vapes on most operators (check operator policy).
  • Separate from the Health Act 2006 smoking offences in enclosed public spaces.

Byelaw 6 — Intoxication and possession of intoxicating liquor

No person in a state of intoxication shall enter or remain on any Railway Property. Authorised persons may also restrict the carriage of alcohol on designated services or after sporting events.

Key points
  • 'Intoxication' covers drink and drugs.
  • Authorised person may refuse entry or require the person to leave.
  • Reasonable force may be used to remove (Byelaw 24).

Byelaw 7 — Unfit to be on the railway through drink or drugs

No person whose actions are likely to endanger themselves or others through being under the influence of drink or drugs shall enter or remain on Railway Property.

Key points
  • Higher threshold than B6 — focus is on risk of harm.
  • Often used at busy stations or platform edges.

Byelaw 8 — Unauthorised gambling

No person shall gamble or take part in any game of chance for money or money's worth on Railway Property without the written permission of the Operator.

Key points
  • Targets organised gambling, three-card-monte style scams and unlicensed activity.
  • Permission must be in writing from the Operator.

Byelaw 9 — Compulsory ticket areas

In a compulsory ticket area (CTA) every person must have a valid ticket on entry and produce it for inspection on demand. Failure to produce is itself an offence — strict liability.

Key points
  • CTAs are signed at station entrances.
  • Strict liability — defences in B9 are limited.
  • Often gives rise to Penalty Fares or prosecution under the Regulation of Railways Act 1889 s.5.

Byelaw 10 — Ticket and validation in compulsory ticket areas

In a compulsory ticket area no person shall remain unless they have with them a valid ticket which has been issued for their use, and where the ticket requires validation (e.g. by inserting in a gate or touching in) it must be validated before travel.

Key points
  • Strict liability — failure to validate is itself the offence.
  • Ticket must be issued for that person's use (no transferable tickets unless explicitly allowed).
  • Commonly enforced via Penalty Fares.

Byelaw 11 — Classes of accommodation, reserved seats and sleeping berths

No person shall use accommodation (e.g. First Class, reserved seat, sleeping berth) unless they hold a valid ticket entitling them to do so, and they must vacate it on request from an authorised person if not so entitled.

Key points
  • Covers First Class travel without a First Class ticket.
  • Authorised person may require the person to move or pay the difference.
  • Refusal to move can lead to removal under Byelaw 24.

Byelaw 12 — Fare evasion — altered, defaced or misused tickets

No person shall use, or attempt to use, a ticket which has been altered, defaced, mutilated, written upon or otherwise tampered with, or which has been issued to or used by another person where it is non-transferable.

Key points
  • Often charged alongside Regulation of Railways Act 1889 s.5(3) (intent to avoid fare).
  • Includes lending/borrowing of season tickets and railcards.
  • Strict liability under the byelaw — intent only required for the 1889 Act offence.

Byelaw 13 — Ticket inspection and surrender

Any person in possession of a ticket must produce and surrender it for inspection or examination on demand by an authorised person, and must allow it to be marked, cancelled or retained where required.

Key points
  • Refusal to produce or surrender = separate offence.
  • Authorised person may retain the ticket as evidence.
  • Underpins all on-train and gateline revenue inspection.

Byelaw 14 — Trespass

No person shall trespass upon any Railway Property. Includes going onto the track, into depots, tunnels, bridges or any area not open to the public.

Key points
  • Strict liability — no intent required.
  • Often used with Regulation of Railways Act 1868 s.23 (trespass on the railway) for more serious cases.
  • Can be reported by summons or dealt with by way of warning.

Byelaw 15 — Stations and railway premises — unauthorised access and conduct

No person shall enter any station, platform, train or other railway premises other than via an authorised entrance, nor remain on the premises after being asked to leave by an authorised person.

Key points
  • Covers jumping barriers, climbing fences, using staff entrances.
  • Refusal to leave = separate offence.
  • Reasonable force may be used to remove (Byelaw 24).

Byelaw 16 — Obstruction and interference

No person shall obstruct, hinder or interfere with the working of the railway, with any equipment, signage or notices, or with any authorised person carrying out their duties.

Key points
  • Covers tampering with signs, barriers, doors, signalling equipment.
  • Includes obstructing staff carrying out revenue or safety duties.
  • Often used in protest, blockade and platform-edge incidents.

Byelaw 17 — Animals

No person shall bring an animal onto Railway Property unless it is properly secured or carried, and may be required to remove it by an authorised person. Assistance dogs are exempt.

Key points
  • Authorised person may refuse carriage.
  • Assistance dogs (Equality Act 2010) must always be permitted.

Byelaw 18 — Loaded firearms and weapons

No person shall bring onto Railway Property any loaded firearm, or any other article that is dangerous or offensive, except where the article is being lawfully carried under the Firearms Acts and is properly secured.

Key points
  • Loaded firearms are absolutely prohibited.
  • Lawfully held unloaded firearms must be in a secure case.
  • Operates alongside the Firearms Act 1968 and Offensive Weapons Act 2019.

Byelaw 19 — Dangerous or offensive items, materials and substances

No person shall bring onto Railway Property any item, material or substance that is, or is likely to be, dangerous to people, animals or property — including flammable liquids, explosives, compressed gases and corrosive substances.

Key points
  • Authorised person may refuse carriage and require removal.
  • Includes fireworks, petrol containers and certain industrial chemicals.
  • Often charged with Regulation of Railways Act 1868 s.22 for endangering safety.

Byelaw 20 — Music, advertising, leafleting and selling

No person shall sing, perform music, distribute advertising material, sell goods or solicit money on Railway Property without the written permission of the Operator.

Key points
  • Covers buskers, charity collectors, leafleters and unlicensed traders.
  • Permission must be in writing from the Operator.
  • Authorised person may require the activity to stop and the person to leave.

Byelaw 21 — Unauthorised use of equipment, vehicles and facilities

No person shall use, ride, drive, move or operate any vehicle, equipment or facility on Railway Property except with the authority of the Operator. Includes lifts, escalators, baggage trolleys and operational vehicles.

Key points
  • Covers misuse of staff equipment, escalators, lifts and trolleys.
  • Includes unauthorised driving of railway vehicles.

Byelaw 22 — Compliance with notices and directions

Every person on Railway Property must observe any notice exhibited by the Operator and must comply with any reasonable instruction or direction given by an authorised person, including for safety, crowd management or evacuation.

Key points
  • Covers signage (e.g. 'do not enter', 'platform closed').
  • Failure to comply with a reasonable direction = offence.
  • Underpins evacuation and emergency-response powers.

Byelaw 23 — Name and address

Any person reasonably suspected of breaching these byelaws must give their correct name and address to an authorised person on demand. Failure or giving false details is itself an offence.

Key points
  • Authorised person must have reasonable suspicion of a byelaw breach.
  • Refusal/false details = separate offence under B23.
  • Power complements (does not replace) PACE s.24 arrest powers.

Byelaw 24 — Enforcement and removal of persons

Authorised persons may require any person breaching the byelaws to leave Railway Property and may use reasonable force to remove them. Breach of these byelaws is a summary offence — maximum fine level 3 on the standard scale (£1,000).

Key points
  • Reasonable force may be used to remove.
  • Summary offence — prosecuted in the magistrates' court.
  • Maximum penalty: level 3 fine on the standard scale.
  • Constables and authorised persons have equal enforcement powers under the byelaws.

Byelaw 25 — Breaches of the Byelaws — penalty

Any person breaching these byelaws is liable on summary conviction to a fine not exceeding level 3 on the standard scale (currently £1,000). Continuing offences may attract daily fines.

Key points
  • Maximum penalty: level 3 fine (£1,000).
  • Continuing offences may attract additional daily penalties.
  • Sentencing is by magistrates' court.

Byelaw 26 — Application, commencement, citation and revocation

Sets out the geographic and operational scope of the byelaws, the date of commencement (7 July 2005), the short title ('Railway Byelaws') and revokes earlier sets of byelaws made by individual operators that were in force before that date.

Key points
  • Commenced 7 July 2005.
  • Apply across the National Rail network and connected operational railway.
  • Revoked earlier operator-specific byelaw sets.
  • Cited as 'Railway Byelaws made under section 219 of the Transport Act 2000'.