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SCHEDULE 13
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PENALTY FARES |
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Introductory |
| | 1. - (1) In this Schedule unless the context otherwise requires-
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"authorised person" means, in relation to any purpose, a person authorised for that purpose by Transport for London or by the person providing the service; |
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"compulsory ticket area" means that part of a station which, under the byelaws of the person providing a train service to which this Schedule applies, passengers are not permitted to enter without a fare ticket, general travel authority or platform ticket; |
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"fare ticket" means a ticket (including one issued by a third person) showing payment of a fare and authorising the person in respect of whom it is issued to make a single journey covered by that fare on a local service or train service to which this Schedule applies, or to make that journey and a return journey (whether or not it also authorises him to make a journey on a service provided by a third person); |
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"general travel authority" means any permit (including one issued by a third person), other than a fare ticket, authorising the person in respect of whom it is issued to travel on a local service or train service to which this Schedule applies (whether or not it also authorises him to travel on a service provided by a third person); |
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"penalty fare" means a penalty fare payable pursuant to paragraph 3 or 4 below; |
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"the penalty fare provisions" means paragraphs 3 to 8 below; |
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"person providing the service" means the operator of the service, except that, in the case of a service provided in pursuance of an agreement entered into by Transport for London under section 141(2) or (3)(a) of this Act, means Transport for London; |
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"platform ticket" means a ticket authorising a person to enter a compulsory ticket area but not to make a journey; |
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"station" means a station serving a train service to which this Schedule applies; |
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"third person" means a person other than one referred to in paragraph 2(1)(a) or (b) below; and |
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"train service" means a service for the carriage of passengers by rail. |
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(2) Subject to sub-paragraph (3) below, a person is travelling on a train service to which this Schedule applies at any time when he is on a train forming part of that service or is in a compulsory ticket area.
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(3) A person at a station is not to be taken as travelling by reason only of being in a compulsory ticket area or boarding a train at that station if he has entered that area or boards that train otherwise than for the purpose of making a journey and produces, if required to do so by an authorised person, a valid platform ticket.
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(4) Any reference in this Schedule to a person producing a fare ticket or general travel authority on being required to do so by an authorised person is a reference to producing, when so required, a fare ticket or general travel authority which, either by itself or together with any other fare ticket or general travel authority produced by that person at the same time, is valid for the journey he has made.
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(5) For the purposes of sub-paragraph (4) above-
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(a) a person who has entered a compulsory ticket area otherwise than by transferring from a train service provided by a third person but has not boarded a train shall be taken to have made a journey for which the minimum fare is payable; and |
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(b) a person who is on a train shall be taken to have made a journey ending at the next station at which the train is scheduled to stop. |
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(6) In sub-paragraph (5) above "minimum fare" means the minimum fare for which a journey from the station in question could validly be made by the person in question.
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(7) For the purposes of this Schedule a person is to be taken as transferring from a service provided by a third person to a service to which this Schedule applies if, but only if, having travelled on a train forming part of the former service, he-
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(a) goes from that train into a compulsory ticket area and finishes his journey at the station of which that area forms part; or |
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(b) goes from that train into a compulsory ticket area and from that area boards a train forming part of a service to which this Schedule applies. |
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(8) For the purposes of sub-paragraph (7)(b) above, in a case where the transfer takes place at a station controlled by a third person, "compulsory ticket area" means such area at that station as corresponds with a compulsory ticket area within the meaning of this Schedule.
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Operation of this Schedule |
| | 2. - (1) This Schedule applies to any local service or train service provided-
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(a) by Transport for London or any of its subsidiaries; or |
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(b) by any other person in pursuance of an agreement entered into by Transport for London under section 141(2) or (3)(a) of this Act which provides that this Schedule is to apply to services provided in pursuance of that agreement. |
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(2) References in the following provisions of this Schedule to a local service or to a train service are, unless the context otherwise requires, references to a local service or a train service to which this Schedule applies.
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(3) The penalty fare provisions have effect in relation to travel on any local service or train service or any part of such a service if an order under sub-paragraph (4) below is for the time being in force in respect of such service or part of a service.
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(4) The Mayor may by order provide that the penalty fare provisions shall have effect, as from such day as may be specified in the order, with respect to any local service or train service or any part of any local service or train service, and different days may be specified in any such order with respect to different services or different parts of any service.
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(5) The revocation by the Mayor of an order made under sub-paragraph (4) above shall be without prejudice to the power of the Mayor to make further orders under that sub-paragraph as respects any service or part of a service dealt with by the order.
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(6) Any activating order made by the Secretary of State under section 3(4) of the London Regional Transport (Penalty Fares) Act 1992 and in force immediately before the coming into force of sub-paragraph (4) above shall have effect as from the coming into force of that sub-paragraph as if it were an order made by the Mayor under that sub-paragraph.
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(7) For the purposes of this Schedule a reference to an agreement entered into by Transport for London under section 141(2) or (3) of this Act includes a reference to an agreement-
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(a) which was entered into by London Regional Transport under section 3(2) or (2A) of the London Regional Transport Act 1984, and |
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(b) which by virtue of section 259 or 356 of this Act has effect as if made by Transport for London. |
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Penalty fares on local services |
| | 3. - (1) If a person travelling on a ticket bus service who has had a reasonable opportunity to obtain a fare ticket for a journey on that service fails to produce a fare ticket or a general travel authority on being required to do so by an authorised person, he shall be liable to pay a penalty fare if required to do so by an authorised person.
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(2) If a person travels on a non-ticket bus service without paying the fare properly payable for a journey on that service and, while so travelling, fails to produce a general travel authority on being required to do so by an authorised person, he shall be liable to pay a penalty fare if required to do so by an authorised person.
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(3) In this paragraph a "ticket bus service" means a local service on which fare tickets are issued in return for fares paid by persons travelling on that service, and a "non-ticket bus service" means a local service on which fare tickets are not so issued.
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Penalty fares on trains |
| | 4. - (1) Subject to sub-paragraph (2) below, if a person travelling on a train service fails to produce a fare ticket or a general travel authority on being required to do so by an authorised person, he shall be liable to pay a penalty fare if required to do so by an authorised person.
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(2) Subject to sub-paragraph (3) below, a person shall not be liable to pay a penalty fare under this paragraph if at the time when and the station where he started to travel on the train service there were no facilities available for the sale of the necessary fare ticket for his journey.
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(3) A person who starts to travel on a train service by transferring to that service from a train service provided by a third person shall not be liable to pay a penalty fare under this paragraph if-
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(a) on being required to produce a fare ticket or general travel authority he produces a valid deferred fare authority issued by that person; or |
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(b) at the time when and the station where he started to travel on the train service provided by that person there were no facilities for either the sale of the necessary fare ticket for his journey or the sale of deferred fare authorities. |
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(4) Without prejudice to sub-paragraphs (2) or (3) above, a person shall not be liable to pay a penalty fare under this paragraph if at the time when and the station where his journey began-
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(a) there was displayed a notice (however expressed) indicating that it was permissible for passengers beginning a journey at that station at that time to do so without having a fare ticket or a general travel authority or (in the case of a station controlled by a third person) a deferred fare authority; or |
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(b) a person in the uniform of the person controlling that station gave permission to the same effect. |
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(5) In sub-paragraph (3) above, "deferred fare authority" means a ticket or other document described as such on its face; and a deferred fare authority is valid for the purposes of that paragraph if it authorises a person in possession of it to start a journey at the time when and the station where the person producing it started his journey.
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(6) Sub-paragraphs (7) and (8) below have effect with respect to the burden of proof in any action for the recovery of a penalty fare under this paragraph, so far as concerns the question whether the facts of the case fall within sub-paragraphs (2), (3)(b) or (4) above.
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(7) In any case where the defendant has provided the plaintiff with a relevant statement in due time it shall be for the plaintiff to show that the facts of the case do not fall within sub-paragraph (2), (3)(b) or (4) above and in any other case it shall be for the defendant to show that the facts of the case fall within any of those provisions.
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(8) For the purposes of sub-paragraph (7) above-
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(a) a relevant statement is a statement giving an explanation of the defendant's failure to produce a fare ticket, general travel authority or (where relevant) deferred fare authority, together with any information as to his journey relevant to that explanation (including, in every case, an indication of the time when and the station where he started to travel on the train service and also, if he started so to travel when he transferred from a train service provided by a third person, the time when and the station where he started to travel on that service); and |
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(b) a statement is provided in due time if it is provided when the defendant is required to produce a fare ticket or general travel authority, or at any later time before the expiration of the period of 21 days beginning with the day following the day on which the journey is completed. |
