Train companies in England are being urged to adopt a “yellow card” system for passengers travelling without the correct ticket, rather than handing out penalty fares or prosecutions.
Rail watchdog Transport Focus wants passengers to be issued a warning and have their names taken and recorded on a digital system, with fines only issued for repeat offences.
It comes as the rail regulator is looking at how prosecutions and enforcement for fare evasion are dealt with, after it came to light that some passengers were being prosecuted for minor offences.
Engineering graduate Sam Williamson told the BBC last year that he faced going to court for paying £1.90 less than he should have done.
His case prompted widespread criticism of train operator Northern, who later withdrew all live prosecutions against passengers reported for using railcard discounts for on-peak services where the original fare was below £12.
Some rail companies, such as Cross Country and Southeastern, already have yellow card systems in place, with Merseyside Rail looking to introduce one this year.
Transport Focus has also suggested a digital record of railcards so inspectors are able to check when passengers have forgotten or lost cards.
“Passengers could be issued reminders to alert them when their railcards are close to expiry,” it added.
Natasha Grice, director for rail at Transport Focus, said the watchdog had long been concerned about the complexity of rail fares, making it hard for some passengers to buy the correct ticket.
“We understand and support the principle that all users of rail should be paying for their ticket, but we want to make sure that passengers who make an innocent mistake aren’t punished unfairly,” Ms Grice said.
Fare evasion is estimated to cost the industry £240m a year.
The Department for Transport commissioned a review after more than 74,000 prosecutions for alleged rail fare evasion were quashed following a landmark ruling found a certain legal procedure rail companies were using to fine and prosecute passengers without tickets should not have been used.
Then-Transport Secretary Louise Haigh asked the Office of Road and Rail (ORR) to look at how rail fare evasion is dealt with.
The ORR has asked any passengers penalised for boarding trains without the correct ticket to share their experience.
