The Regulation of Railways Act 1889 (
52 & 53 Vict. c. 57) is an
Act of the
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body of the United Kingdom, and may also legislate for the Crown Dependencies and the British Overseas Territories. It meets at the Palace ...
. It is one of the
Railway Regulation Acts 1840 to 1893. It was enacted following the
Armagh rail disaster.
Safety
It empowered the Board of Trade to require any railway company to:
* adopt the
block system of signalling on any passenger railway;
* provide for the interlocking of points and signals on such railways;
* provide for and use on all passenger trains continuous brakes; the brakes must be instantaneous in action; self applying in the event of any failure in continuity; capable of being applied to every vehicle of the train; and in regular use in daily working.
Provision was made to enable the railway companies to issue debentures to pay for the capital cost of the equipment.
There were also provisions regarding reporting the number of persons in safety-related employment who worked more than a specified number of hours.
Tickets
The Act also requires passengers to show tickets and to pay a
penalty if travelling without a ticket. It also gives powers to agents of the railway to request a name and address and to make it an offence not to provide these details when requested. Prosecutions are still brought under the Act today.
Misuse of the Act
Several rail companies from 2020
privately prosecuted cases of alleged
fare evasion
Fare evasion or fare dodging is the act of travel without payment on public transit. When considered problematic, it is mitigated by revenue protection officers and ticket barriers, staffed or automatic, are in place to ensure only those with va ...
under the Act using the
Single justice procedure (SJP), whereby a lay
magistrate
The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judi ...
can try cases without a court hearing. However, the SJP cannot be used for the 1889 Act, and in August 2024 the UK's chief magistrate declared six test cases as void, as the process should never have been used. This led to plans to void over 74,000 other similar cases. At least some of the prosecutions were clearly not intentional evasion, which could not be tested in the SJP procedure; for example a man prosecuted for trying to pay a £3.50 fare at his destination as the ticket machine at the station he boarded from was not working, and there was no guard on the train.
References
Railway Acts
United Kingdom Acts of Parliament 1889
1889 in rail transport
{{UK-rail-transport-stub