Japan Railway & Transport Review No. 38 (pp.41–49) Feature: Railway Fare System (part 2) Fares and Fares Regulation on Britain's Railways Mark Smith | ![]() |
Passenger services on Britain's railway, once run by a single nationalized organization, are now provided by a combination of 26 privatized passenger train operating companies (TOCs) owned by almost a dozen different parent companies. But in spite of the number of individual companies involved, the British railway system remains an effective, coherent, national network. Prospective passengers can pick up the phone and dial a single, memorable 24-hour number to find out about train times and fares for any journey in the UK. You can turn up at any station and buy a through ticket to just about any other station on the network, even if that journey involves several changes of train and several different operators. Tickets can normally be used on trains run by any operator over the route for which it is valid, even on trains run by ‘open access’ operators such as Hull Trains who have no franchise agreement with the government's Strategic Rail Authority (SRA). And national railcards for young people, older people and people with disabilities continue to exist and are accepted by all train operators. These ‘network benefits’ are no accident, but the result of a regulatory framework that was put in place at privatization. This article outlines this framework.
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In the Beginning |
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The arrangements for maintaining these network benefits, and in particular the arrangements for the setting, settling and regulating fares are complex, and as with most complicated things, it's best to start at the beginning. And in the beginning was the Act; the Railways Act 1993, to give it its full name, set up the framework for privatizing the national rail network. It created the Rail Regulator to issue licences and regulate the monopoly infrastructure provider, then called Railtrack, and it created the Franchising Director to let and manage franchises for running passenger services over the infrastructure. Some things have changed since then. The Transport Act 2000 created the SRA, combining the Franchising Director's franchising functions and the Rail Regulator's consumer protection functions. Privately-owned Railtrack has been replaced with not-for-profit Network Rail. But one thing which hasn't changed is that the Railways Act makes it a criminal offence to operate a railway asset—a train, station or network—without a licence. For the purposes of this article, the most important type of licence is the Passenger Licence, the licence needed by anyone who wants to operate a passenger train over any part of the national network. |
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Passenger Licence |
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A typical passenger licence is a relatively short document. It contains a requirement to have adequate third party insurance, to be party to approved arrangements for claims handling, to comply with Network Rail's Railway Group Standards, and so on. And most importantly, it contains a short but crucial paragraph entitled ‘Through Tickets & Network Benefits.’ Put very simply, this paragraph requires the licensee to be a party to, and to comply with, arrangements approved by the SRA for a telephone enquiry service; through ticketing; settlement of revenue received from the sale of through tickets; and conditions of carriage. From this one paragraph flow the major industry arrangements for fares, tickets, settlement and passenger information. It's important to remember that even ‘open access’ operators (operators who operate a purely commercial service with no franchise agreement or government subsidy—currently just Hull Trains, but other open access operators may follow) require a passenger licence and so are bound into the resulting national arrangements as much as any franchised operator. |
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National Rail Enquiry Scheme (NRES) |
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To fulfill the licence requirement for arrangements for a telephone enquiry service, the SRA has approved the National Rail Enquiry Scheme (NRES) agreement. This is an agreement between all train operators to operate a national enquiry service jointly. The agreement sets out how the scheme will be managed and paid for, the type of information that the service will provide to callers, and the quantitative and qualitative call-handling standards that the scheme will have to meet. NRES Ltd—now a limited company wholly-owned by the train operators—has a small full-time management staff, and major issues are considered by a management group and council on which train operators are represented. A regular survey determines the proportion of enquiries that relate to each operator's trains, and NRES costs are distributed amongst the train operators on this basis.
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National Rail Conditions of Carriage |
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For 26 operators to act together as a network, it is important to have common conditions of carriage. To fulfill the licence requirement for arrangements for conditions of carriage, the SRA has approved the National Rail Conditions of Carriage (NRCofC), drawn up on each operator's behalf by the industry's trade association, the Association of Train Operating Companies (ATOC). The NRCofC set out the basic terms for the contract between the train operators collectively and the passenger whenever a passenger buys a ticket to travel. They set out the train operators' obligations, including minimum compensation in the event of a delay, although an operator's own Passenger's Charter may provide greater levels of compensation. |
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Ticketing & Settlement Agreement (TSA) |
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To fulfill the through tickets condition in each operator's Passenger Licence, the SRA has approved the Ticketing & Settlement Agreement (TSA). The TSA is an extensive document that defines the way train operators will set, sell, and honour fares across the network, broadly based on British Rail practice and capability before privatization. The TSA is produced by ATOC on behalf of all operators, and like the NRES agreement, it is not an agreement with the SRA, but an agreement between operators, which the SRA has approved. In most cases, changes to the TSA must also be approved by the SRA. The TSA fulfills the settlement condition in Passenger Licences by specifying the arrangement for settlement of revenue between operators using industry-wide systems. This is done by an organization called Rail Settlement Plan Ltd, wholly-owned by all the rail operators who are a party to the TSA. |
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Photo: Passengers watching display board at Paddington Station (T. Suga) |
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Who Sets Fares? |
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The TSA defines a flow as a combination of origin, destination and route—for example, London to Birmingham route any permitted. There are hundreds of thousands of flows in the fares system, and each flow is assigned a Lead Operator—the operator who has the right and obligation to set fares for that flow. The Lead Operator is normally the train operator with the greatest commercial interest in the flow—for example, the Lead Operator for London to Birmingham is Virgin Trains, which runs half-hourly fast services, although other operators also run slower and less frequent trains over the same route. There is a procedure for changing Lead Operator should another TOC challenge the existing Lead Operator, or if operators agree that the Lead Operator should be changed. After a Lead Operator has set fares for a flow, the TSA obliges all other operators running trains serving all or part of that route to accept those fares for travel on their services. Consequently, after Virgin Trains has set a fare for London to Birmingham route any permitted, Silverlink and Chiltern railways are both obliged to accept these tickets on their own London to Birmingham trains as are other operators serving any part of the route. The TSA also ensures that route any permitted fares like these continue to be valid on a variety of reasonable alternative routes. The permitted routes for any given journey are defined in a schedule to the TSA called the National Routeing Guide.
Selling fares
Regulating fares
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Protected Fares |
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The following fares are designated as Protected Fares:
Each operator has one Protected Fares basket, containing (before simplification) every Protected Fare set by that operator. Each fare in a Protected Fares basket is weighted by the revenue received by that operator from the sale of that fare in the financial year to 31 March 2003. The total value of the fares basket is the sum of each fare multiplied by the weighting for that fare. To simplify the basket, fares with the lowest revenue weighting are excluded from the fares basket, up to the value of 5% of the gross value of the fares basket. The basket therefore includes at least 95% of the revenue received from Protected Fares. However, all Protected Fares must continue to be made available for sale, whether or not they are in the Protected Fares basket. The train operator must make sure that the total value of its fares basket does not exceed the cap on that basket. The cap is equal to the total value of the fares basket calculated using fares at February 2003, increased by the retail price index (RPI) plus 1% on 1 January 2004 and each year after that. There is also a limit on individual fares within fares baskets. These may not go up more than 5% above the basic policy (in other words, RPI + 1% + 5% = RPI + 6%) in any 1 year. Fares regulation also protects certain conditions attached to these fares. In the case of savers, these must be valid for no less than 1 month, and all day Saturday and Sunday, and from no later than 10:30 on any other day. They need not be valid for any journey beginning between 15:00 and 19:00 on Mondays to Fridays from London-area stations or (when travelling away from London) stations between London and Reading, Watford, Luton or Stevenage, inclusive. However, the SRA will consider applications from operators to apply a greater restriction to savers where it can be shown that this is necessary to reduce overcrowding. |
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Commuter Fares |
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Commuter Fare regulation applies to the following fares used by commuters in the London area:
Each train operator serving London has one Commuter Fares basket containing every regulated commuter fare from which that operator takes any share of the revenue. This includes both fares for which the operator is Lead Operator and sets the fare, and fares where another train company sets the fare, but the operator in question receives a share of the revenue. Each fare within the basket is weighted by the revenue received by that operator from the sale of that fare in the financial year to 31 March 2003. The total value of the fares basket is the sum of all the weighted fares that it contains. To simplify the basket, fares with very low revenue are excluded. The basket is constructed so that it includes 95% of the revenue received from Commuter Fares, with no more than 5% of the gross value of the basket excluded. However, all Commuter Fares must continue to be made available for sale, whether or not they are in the Commuter Fares basket. Each year, the train operator must ensure that the total value of its fares basket does not exceed the cap on the basket. The cap is equal to the total value of the basket in February 2003 increased by RPI +1% on 1 January 2004 and each year afterwards until further notice. As with the Protected Fares basket, individual fares within fares baskets may not rise by more than 5% above the basic policy (RPI + 1% + 5% = RPI + 6%) in any 1 year. Commuter Fares around Cardiff and Edinburgh are also subject to regulation by fares basket. These baskets contain the standard singles, standard returns, and season tickets for journeys wholly within the defined commuter area. The weighting and annual cap increase operate in the same way as for London-area Commuter Fares baskets. |
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Unregulated Fares |
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Fares, which are neither Protected Fares nor Commuter Fares are unregulated, and train operators are free to determine these fares according to market forces.
Although a particular fare may be unregulated, in certain cases a regulated fare may act as a ceiling. For example, an unregulated Supersaver fare cannot logically exceed the price of the regulated and less-restrictive Saver fare. |
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Fares Regulation in Passenger Transport Executive Areas |
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Rail services in seven regional conurbations are sponsored by Passenger Transport Authorities, through their executive arms, the Passenger Transport Executives (PTEs). In five PTE areas (West Midlands, Strathclyde, Tyne & Wear, Merseyside and South Yorkshire) fares are currently specified directly by the PTE so there is no need for fares regulation (although this may change when franchises are replaced). In two PTE areas (Greater Manchester and West Yorkshire), fares are set by the relevant train operator in the normal way and commuter fares are regulated by a version of the fares basket mechanism. All standard singles and returns for journeys wholly within the Greater Manchester and West Yorkshire PTE area are included in a fares basket that is capped in a similar way to the fares baskets described earlier. |
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SRA's Review of Fares Regulation |
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Fares regulation has been in place since the first franchises were let in 1995. However, the above-described fares regulation is the result of an extensive review of fares regulation carried out by the SRA in 2002–03. The new policy has been designed with four aims in mind:
The review looked at each of the following key aspects of regulation:
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Scope of Regulation |
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Not surprisingly, the SRA's consultation showed that passenger groups, individual passengers and PTEs generally want the same or more regulation, while train operators want less regulation and more freedom. The SRA's own view is that fares regulation is justified only where it is necessary to prevent or correct market failure. In the railway industry, this generally means one of two situations:
Commuter train operators around London in particular, but also other urban areas, possess a significant level of market power because there are few practical alternatives to trains for most journeys to and from work. Table 1 shows the dominance of national rail and London Underground travel for commuters in the Greater London area in Autumn 2000. The SRA concluded that although some aspects of the Commuter Fares regulation could be simplified, the scope of regulation applied to most commuter fares should be maintained because of rail's position in the market for commuting in urban areas. Away from the big cities, there are generally more alternatives to rail and the case for regulating commuter travel becomes less compelling. Nevertheless, there are still many journeys where people do not have an alternative means of travelling to work, and on balance it was decided to continue regulating weekly season tickets outside urban areas as well, but using a more flexible fares basket mechanism. The SRA considered whether regulation should be extended to cover long-distance full-fare tickets (standard open singles and returns), some of which have risen significantly since privatization. However, while there is a clear argument for regulating commuter fares because of the lack of practical alternatives to rail, this is not the case for long-distance fares where there are generally alternatives, such as car, long-distance bus, or air. For example, an estimated 58% of journeys from London to Manchester are made by car and only 33% by rail, while 41% of journeys from London to Glasgow are made by air and only 14% by rail. In the case of standard open fares, price would be expected to reflect the flexibility that these fares provide and the type of passenger at which they are targeted. Standard open returns are typically used by business travellers—consultation responses from train operators suggest that 60%–65% of Midland Mainline and GNER passengers using this type of ticket are travelling on business. Equivalent fares on competing modes, such as fully-flexible domestic airfares, are priced at similar or higher levels. The SRA also has to consider affordability and value for money, and regulating standard open fares at a much lower level than current prices could only be done at considerable cost. Regulating the maximum price of standard open tickets as well as saver fares would result in regulation of 64% of total rail industry revenue when competing modes are largely unregulated. Regulating standard open fares would limit all other fares, stifling innovation and leading to overcrowding on some trains. For all these reasons, the SRA decided that it was undesirable to extend regulation to this type of fare. The SRA considered the advantages and disadvantages of continuing to regulate saver fares; research suggests that regulation of saver fares has led to overcrowding on some trains and may have prevented operators from managing their capacity effectively. It may also have constrained development of other more innovative types of ticket, possibly preventing operators from introducing the sort of pricing used so successfully by budget airlines. Leisure passengers are generally very price sensitive and if saver fares were deregulated, operators would still need to offer competitively-priced tickets to avoid losing these passengers and revenue. Research suggests that most passengers are willing and able to transfer to different types of ticket and can use alternative forms of transport such as car, bus or aeroplane. The leisure market for long-distance rail travel is already moving away from the traditional approach represented by saver tickets towards airline-style ticketing where price is the main attraction for passengers and a seat reservation is included with the ticket. Yield-management schemes are being improved and a new reservation system that can work in conjunction with them is due to be introduced in late December 2004. This would allow operators to maximize both ridership and revenue while offering the lowest possible fare to each passenger. However, some people still rely on saver tickets, and most rail passengers are not yet used to booking rail journeys in advance as they do with airlines. A new reservation system allowing dynamic airline-style pricing is not yet available, so it has been decided to continue regulation of saver fares until late 2005, but with some changes. Since 1995, each saver fare has been regulated individually, but a fares basket mechanism was introduced in January 2004, giving operators a degree of flexibility to vary the price of individual fares within the basket. The SRA will also allow changes to the maximum restriction that can be placed on saver fares on a case-by-case basis where an operator can show that the current maximum restriction needs to be relaxed to prevent overcrowding. The SRA will further review saver regulations with a view to replacing the current regime by 2006. Changes may be made earlier if train operators put forward proposals showing clear benefits to both taxpayers and passengers. Table 2 shows the percentage of farebox revenue that would be subject to regulation if saver fares were deregulated or if standard open fares were regulated. |
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Table 1: Travel to Work in Greater London Table 2: Impact of Changing Scope of Regulation |
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Level of Regulated Fares |
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The SRA considered a range of options for regulation levels, ranging from continuing the policy of reducing regulated fares in real terms by RPI –1% each year (used since 1999) to allowing various increases above inflation. Consultation responses showed that train operators feel regulation has kept fares too low in real terms, stifling investment and creating overcrowding. On the other hand, passengers, passenger groups, local authorities and PTEs do not believe that fares regulation should be used to price passengers off railways to reduce overcrowding, suggesting instead that capacity should be increased. However, despite a general feeling that fares are too high, PTEs, passenger representatives and many local authorities said that a move from the RPI –1% model to a more sustainable annual fares increase of RPI would be acceptable.
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Link between Fares and Performance |
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Since 1995–96, fares regulation has included an automatic link between London commuter fares and train service performance generally known as the Fares Incentive Adjustment Payment (FIAP) regime. Under FIAP, a small adjustment of up to ±2% was made to the basic RPI - 1% annual increase in the fares basket cap for each of the ten London commuter TOCs, depending on whether a TOC's performance had improved or worsened in the preceding 12 months relative to the previous 12 months. FIAP involved a long time lag between the fares change and the related performance, and since it was based on relative performance, a performance improvement from bad to merely poor permitted a fares increase, whereas a worsening from excellent to merely good performance required a fares decrease. Almost all consultation responses from both train operators and passenger groups said that the FIAP automatic link between London commuter fares and performance has not worked well and should be abolished.
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How Fares Are Regulated |
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Fares baskets provide much greater flexibility compared to regulating fares individually but still control the level of the fares concerned. This flexibility can be used by operators to reflect market conditions in the fares structure—promoting growth or managing capacity—and to correct anomalies or control overcrowding. Individually regulating some fares generated significant work for both train operators and the SRA, because approval was needed each time an operator wanted to adjust an individual fare although the effect may be very small. Commuter fares in urban areas have always been regulated by fares baskets, and each operator's Protected Fares are now regulated in this way since January 2004.
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Table 3: Analysis of Flows and Revenue in Typical Fares Basket |
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Fares Structure |
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The complexity of the fares structure emerged as a common theme in responses from passengers, passenger groups, PTEs and local authorities. On the other hand, train operators believe that the advantages of offering a broad range of fares generally outweigh the disadvantages and they are clear that they want to retain control over their product range.
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Zoned Fares for London |
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TfL has suggested that national rail fares within the London Travelcard zones could be replaced by an integrated structure of zoned fares, consistent with London Underground fares. There may be significant advantages of simplifying fares in this way, and integrating them with fares for other modes. On the other hand, creation of standardized zoned fares will remove a train operator's ability to price fares up or down on specific routes to control overcrowding or reflect better or worse service quality on different routes. The SRA will develop this proposal further with TfL and the train operators over the next 2 years, allowing the likely impacts on fares, revenue and passenger journeys to be properly quantified. |
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Railcards |
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Currently, there are nationwide railcards for young people, senior citizens, families and people with disabilities, all of whom typically have lower incomes and for whom a discounted fare is likely to generate both more travel and more revenue. These railcards are protected by the SRA which requires TOCs to participate in these railcard schemes through their franchise agreements.
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Smartcards |
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Fares regulation will probably need to be altered at some point to accommodate changes resulting from the introduction of smartcard ticketing both in London and around the UK. However, smartcard schemes are insufficiently developed at present to make specific changes to fares regulation necessary. This is not to say that future changes will not be needed. For example, if smartcard ticketing allowed the traditional pattern of weekly, monthly and annual season tickets to be changed. Another possibility is that smartcard ticketing might allow more effective peak and shoulder-peak pricing, where passengers can save money by travelling on less-crowded trains at the shoulder of the peak. If this spread commuting more evenly over a slightly longer period, it might bring lower overcrowding levels, more efficient use of rolling stock, and lower costs. The SRA intends to research this possibility and carry out a trial on part of the London rail network if appropriate. |
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Implementing Fares Review |
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Each operator's franchise agreement includes provision for the SRA to review and alter fares regulation. The SRA is permitted to change fares regulation at any time after January 2003 as long as franchise payments are adjusted so that the operator makes no net gain or loss from the change. The new fares policy is expected to generate a net increase in revenue, reducing subsidy payments from the SRA. In cases where an operator pays a premium, increased payment to the SRA will be required. The amount of the adjusted franchise payments was evaluated and discussed with operators in time for the new fares policy to be implemented in January 2004. |
Further Reading
Update report on Virgin Trains market share prepared by Steer Davis Gleave, 2002. Fares Review Conclusions 2003, SRA, http://www.sra.gov.uk/publications/index.tt2. |
Mark Smith
Mr Smith is Manager of Information & Ticketing Team at the SRA. After graduating from the University of Oxford in 1987, he joined British Rail as a management trainee and has held several station manager posts as well as other positions in customer relations at Connex and in the Office of the Rail Regulator. |