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Truncheon

Hi everyone,

The aim of this post is to be a single resource for all of the Railway Byelaws that are in operation in Great Britain.

 

What

Railway Byelaws create offences that specifically apply to the railway. Railway Byelaws cover a wide range of areas, but have a particular focus on safety, behavior and ticketing.  They are dealt with in Magistrates Court and are punishable by a fine of up to level 3 on the standard scale (i.e. £1000).

 

Who

Railway Byelaws can be enforced by a range of people. 

  • ANY constable - in the course of their duties. It doesn't matter if you belong to BTP or a Home Office force. Being in uniform or plain clothes makes no difference either.
  • BTP PCSOs in the course of their duties have the power to enforce Railway Byelaws.
  • Any employee/agent of an Operator (basically a train company) in the course of their duties
  • Anyone else authorised by an Operator. For example, security staff that are subcontracted by a train company might be authorised to enforce Byelaws.

Each individual set of Byelaws will say who is able to enforce them. For example, the TfL Byelaws also allow enforcement by Home Office PSCOs.

 

Enforcement

The Railway Byelaws provide several options for Enforcement. Firstly, in general terms you must make the person aware what they are doing is a breach of the Railway Byelaws. Then you have several options.

  • Take their name and address - and report them for the offence
  • Arrest them if they fail to provide a name and address
  • Ask the person to leave the railway. If they do not comply they can be removed using reasonable force. This means that, if the force was reasonable, rail staff could remove someone from a train and/or station for failing to have a valid ticket. If you do remove someone from the railway, they can still also be reported for the offence.

It is worth noting that for a handful of Byelaws, mearly attempting to breach them if an offence on it's own (safety, ticket fraud/touting).

 

Scope

Each individual set of Railway Byelaws explain the area they apply to. Broadly speaking each set covers:

  • Trains
  • Stations
  • Depots
  • Tracks
  • Other associated buildings and equipment

 

Byelaws

 

National Rail railway-byelaws-2011.pdf

These Byelaws have the widest scope of all. They are the bread and butter for BTP officers, applying to the majority of railways in Great Britain! It is easier to say what they don't cover. They do not apply to heritage/persevered railways, trams, light rail or anything listed below that has its own set of Byelaws.

 

Transport for London TfL_Railway_Byelaws.pdf

These Byelaws apply to London Underground, Docklands Light Railway and London Overground services. It is worth noting that London Overground refers specially to the TOC of the same name. Do not confuse trains that run on the ground, but operated by other train companies with London Overground! These Byelaws are similar to National Rail Byelaws, however they have some differences concerning prohibition of alcohol and can be enforced by Home Office PSCOs.

 

Emirates Airline (DLRL) byelaws http://www.legislation.gov.uk/uksi/2012/472/schedule/made

These byelaws apply to the DLR London Cable Car (Emirates Airline) operated by TfL and may be enforced by any constable or PCSO acting in the execution of their duties.

 

Croydon Tramlink Croydon-tramlink-byelaws.pdf

Despite coming under the TfL umbrella, there are a separate set of Byelaws for Croydon Tramlink.

 

Edinburgh Tram EdinburghTramByelaws.pdf

These Byelaws cover the recently opened Edinburgh Tram system. Interestingly, the Byelaws can be enforced by "any member of the emergency services acting in the execution of his duties". 

 

Glasgow Subway http://www.spt.co.uk/corporate/about/our-services/glasgow-subway/glasgow-subway-byelaws/

No PDF is available for the Byelaws, however they are available to view on the SPT website. The Byelaws changed significantly a few years ago. These Byelaws require those enforcing them to produce identification, if asked by a passenger.

 

Manchester Metrolink ManchesterMetrolinkByelaws.pdf

Byelaws for the Manchester tram system. 

 

Merseyrail Merseyrail Byelaws.PDF

The National Rail Byelaws used to apply to Merseyrail, however they now have their own set. They are similar to the National Rail Byelaws, but there are differences concerning alcohol.

 

Midland Metro MetroByelaws.pdf

Byelaws for the Midland Metro tram system.

 

Nottingham Express Transit NottinghamExpressTransitByelaws.pdf

Byelaws for the Nottingham Express Transit.

 

Tyne & Wear Metro

There are Byelaws for the Tyne & Wear Metro, however I can't find these online. A copy are available on PNLD.

 

 

I hope these are of use!

Edited by MindTheGap
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ParochialYokal

Great post :)

So, if a member of a Home Office force can across a byelaw offence and 'dealt with it', what would BTP expect both of them and from them? For example, PNB interview, MG11 and an expectation that they call in to BTP in order to create a log?

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Nim

Great post :)

So, if a member of a Home Office force can across a byelaw offence and 'dealt with it', what would BTP expect both of them and from them? For example, PNB interview, MG11 and an expectation that they call in to BTP in order to create a log?

If a HO police officer came across and dealt with owt on the railway they would be on the phone to BTP before any of that could or would be considered, trust me! Tbh in my patch I've never come across a HO PC dealing with someone for a byelaw offence. If it's that low level then they don't bother, if someone commits a criminal offence, they'll nick for it if we aren't there and then hand it straight over in custody.

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Soap

In fairness, you tell mist HO cops that the railways have bye laws and they go "Oh yeah I heard something about them" or "Do they?!"

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Milankovitch

Isn't there already a topic on this?

 

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Byelaw offences also aren't dealt with in Magistrates Court in Scotland (because Magistrates Court don't exist here) so I think the topic should be amended to correct the mistake.

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Posh

One for the list of things to do this year I think. Only difficulty is rarely going to rail calls and when we do they've either made off or there's no one available to substantiate a complaint.

Can someone clarify the scope of the bylaws? For example is a designated train station car park included? Would a shop that is part of the same building, but is accessed from outside be included?

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Jimjam651

One for the list of things to do this year I think. Only difficulty is rarely going to rail calls and when we do they've either made off or there's no one available to substantiate a complaint.

Can someone clarify the scope of the bylaws? For example is a designated train station car park included? Would a shop that is part of the same building, but is accessed from outside be included?

 

If the land is owned by the railway its covered by the Byelaws :)

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LankyDan

If a HO police officer came across and dealt with owt on the railway they would be on the phone to BTP before any of that could or would be considered, trust me! Tbh in my patch I've never come across a HO PC dealing with someone for a byelaw offence. If it's that low level then they don't bother, if someone commits a criminal offence, they'll nick for it if we aren't there and then hand it straight over in custody.

In fairness, you tell mist HO cops that the railways have bye laws and they go "Oh yeah I heard something about them" or "Do they?!"

I'd trust you... But don't tar us all with the same brush.

I went to a Railway Bylaw 6 Job... And took a statement from a member of staff who had witnessed the incident and had asked the person to leave.

I also took photographs in relation to the offence and exhibited them.

She had used abusive language, was acting in a dissorderly manner, threw litter on the railway line and interfered with the comfort and convenience of passengers.

Once all that had been collated and a full handover formed it was passed onto BTP (in fact BTP had passed it to us as nobody was free to attend).

I'd've happily kept the job and locked up / summonsed the offender but it wasn't my patch I was covering another area and wouldn't be back there to deal with her.

(In the end we locked her up for an assault on our patch so arrested her for the Bylaw 6 offence at the same time).

Edited by LankyDan
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Police Constable 1

One for the list of things to do this year I think. Only difficulty is rarely going to rail calls and when we do they've either made off or there's no one available to substantiate a complaint.

Can someone clarify the scope of the bylaws? For example is a designated train station car park included? Would a shop that is part of the same building, but is accessed from outside be included?

Not all station car parks belong to the railway, some are council owned so despite saying "station car park" the byelaws would not apply unless it was owned by the railway.

 

And yes any building inside ie shops and pubs would fall under the byelaws

 

I am however unsure on where the byelaws stand in relation to land leased from the railway, I would assume they would still apply such as for the Metrolink in Manchester where in some parts they share stations but have different platforms. I would think they would still apply in these situations

Edited by Police Constable 1

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bensonby

We had a station car park which was owned by NR then leased to the council and which has recently reverted back to NR. I was advised (although I'm not 100% myself) that whilst it was under the control of the councils byelaws did not apply (and policing it wasn't the responsibility of the BTP) but once it reverted they did apply and BTP has responsibility for policing it.

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CountyCop

If a HO police officer came across and dealt with owt on the railway they would be on the phone to BTP before any of that could or would be considered, trust me! Tbh in my patch I've never come across a HO PC dealing with someone for a byelaw offence. If it's that low level then they don't bother, if someone commits a criminal offence, they'll nick for it if we aren't there and then hand it straight over in custody.

This exactly Nim, I've never heard of any officer in my force dealing with a byelaw offence for the railways. You just nick using the relevant offence and deal, you tend not to hand over to BTP unless it is properly railway specific, in my experience.

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Police Constable 1

This exactly Nim, I've never heard of any officer in my force dealing with a byelaw offence for the railways. You just nick using the relevant offence and deal, you tend not to hand over to BTP unless it is properly railway specific, in my experience.

Whats properly railway specific? if the offence has occurred on the railway then it should be handed over to BTP unless it forms part of a larger investigation in which case BTP should be consulted with.

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Burnie

Whats properly railway specific? if the offence has occurred on the railway then it should be handed over to BTP unless it forms part of a larger investigation in which case BTP should be consulted with.

I imagine if it's like a situation we had a couple of years ago - 2 blokes fighting in the station car park. Not going to the station, just passing through the car park on their way home from a night on the town.

Do we need to handover to BTP 1 hour away for them to process or would it not be easier, simpler and faster to just process them ourselves for the assault/affray and notify BTP later.

However a trespass on the lines can definitely go to BTP to take the lead and advise.

Edited by Burnie

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Police Constable 1

I imagine if it's like a situation we had a couple of years ago - 2 blokes fighting in the station car park. Not going to the station, just passing through the car park on their way home from a night on the town.

Do we need to handover to BTP 1 hour away for them to process or would it not be easier, simpler and faster to just process them ourselves for the assault/affray and notify BTP later.

However a trespass on the lines can definitely go to BTP to take the lead and advise.

Without derailing the thread, why could a trespass definitley go to BTP to take the lead, but an affray cant?

 

Trespass is a summary offence and can even have a PND issued, not exactly a hard subject that requires expertise 

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Techie1

Without derailing the thread, why could a trespass definitley go to BTP to take the lead, but an affray cant?

Trespass is a summary offence and can even have a PND issued, not exactly a hard subject that requires expertise

Because the local police aren't allowed trackside?

Derailing...

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