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Amount of penalty fare |
| | 5. - (1) Subject to sub-paragraph (2) below, a penalty fare shall be-
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(a) in respect of any journey on a local service, £5; |
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(b) in respect of any train journey, £10; |
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and shall be payable to the person providing the service on which the requirement to pay the penalty fare is made before the expiration of the period of 21 days beginning with the day following the day on which the journey is completed.
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(2) The Mayor may by order prescribe that the amount of the penalty fare in either or both of the cases set out in sub-paragraph (1) above shall be different (whether higher or lower).
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(3) No order may be made by the Mayor under sub-paragraph (2) above unless he has consulted-
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(a) such persons or bodies representative of local authorities, |
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(b) such persons or bodies representative of those who travel on local services and train services, and |
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(c) such other persons or bodies, |
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as the Mayor considers it appropriate to consult.
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Documents in connection with penalty fare requirement |
| | 6. - (1) An authorised person who requires a person (referred to below as "the passenger") to pay a penalty fare shall give him either a receipt for the payment of the amount of the penalty (where the passenger makes that payment to the authorised person) or a notice stating that the requirement has been made.
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(2) A receipt or notice given under sub-paragraph (1) above shall specify the passenger's destination on the local service or train service on which he is travelling when required to pay the penalty fare, and shall operate as an authority to him to complete his journey to or at that destination.
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(3) For the purposes of sub-paragraph (2) above, the passenger's destination shall (unless he is at that destination or only one destination is possible in the circumstances) be taken to be the destination stated by the passenger or, in default of any statement by him for that purpose, such destination as may be specified by the authorised person.
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Supplementary provision |
| | 7. - (1) A person who is required to pay a penalty fare shall, unless he pays, immediately and in cash, the amount of the penalty fare to an authorised person requiring such payment, give to that authorised person, if that person requires him to do so, his name and address.
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(2) A person failing to give his name and address when required to do so under sub-paragraph (1) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
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(3) Transport for London shall secure that the requirements of sub-paragraph (4) or, as the case may be, (5) below with respect to warning notices are met in the case of a local service or train service in relation to travel on which the penalty fare provisions have effect.
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(4) In the case of a local service, a warning notice meeting the requirements of sub-paragraphs (6) and (7) below shall be posted in every vehicle used in providing that service or, where any such vehicle has more than one deck, on each deck of that vehicle, in such a position as to be readily visible to persons travelling on the vehicle.
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(5) In the case of a train service, a warning notice meeting the requirements of sub-paragraphs (6) and (7) below shall be posted-
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(a) at every station at which persons may start to travel on that service, in such a position as to be readily visible to prospective passengers; and |
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(b) in every carriage of every train used in providing that service in such a position as to be readily visible to passengers travelling in the carriage. |
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(6) A warning notice posted pursuant to sub-paragraph (4) or (5) above shall (however expressed) indicate the circumstances (as provided in paragraph 3(1) or (2) above or, as the case may be, paragraph 4(1) above) in which persons travelling on the service in question may be liable to pay a penalty fare.
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(7) Every warning notice posted in pursuance of this paragraph shall state the amount of the relevant penalty fare.
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(8) Where an authorised person requires any person to do anything pursuant to any provision of this Schedule he shall, if so requested by the person concerned, produce to that person a duly authenticated document showing his authority.
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(9) A requirement by an authorised person shall be of no effect if, as respects that requirement, he fails to comply with sub-paragraph (8) above.
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Exclusion of double liability |
| | 8. - (1) Where a person has become liable under paragraph 3 or 4 above to pay a penalty fare in respect of any journey on a local service or any train journey (referred to below as "the relevant journey"), no proceedings may be brought against him for any of the offences specified in sub-paragraph (3) below before the end of the period mentioned in paragraph 5(1) above.
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(2) No proceedings may be brought after the end of that period if-
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(a) before the end of that period, the person who has become liable to pay the penalty fare has paid it to the person providing the service on which the requirement to pay it was made; or |
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(b) an action has been brought against the person who has become liable to pay the penalty fare for the recovery of that fare. |
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(3) The offences mentioned in sub-paragraph (1) above are-
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(a) any offence under section 5(3)(a) or (b) of the Regulation of Railways Act 1889 (travelling without paying the correct fare with intent to avoid payment) arising from the relevant journey; |
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(b) any offence under byelaws made under section 67 of the Transport Act 1962 (byelaws for railways, etc.) involving a failure to obtain or produce a fare ticket or general travel authority for the relevant journey; and |
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(c) any offence under section 25(3) of the Public Passenger Vehicles Act 1981 of contravening or failing to comply with any provision of regulations for the time being having effect by virtue of that section by failing to pay the fare properly payable for the relevant journey or any part of it. |
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(4) If proceedings are brought in contravention of this paragraph the person who has become liable to pay the penalty fare shall cease to be liable to pay it, but where that person has paid that fare, the person to whom it is paid shall be liable to repay to that person the amount of that fare.
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Repeal of London Regional Transport (Penalty Fares) Act 1992 |
| | 9. The London Regional Transport (Penalty Fares) Act 1992 shall cease to have effect.
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