The Docklands Light Railway (Penalty Fares and Provision of Police Services) Order 1994

Exclusion of double liability

7.—(1) Where a person has been liable under article 3 of this Order to pay a penalty fare in respect of any train journey (referred to below as “the relevant journey”), no proceedings may be brought against him for any of the offences specified in paragraph (2) below before the end of the period mentioned in paragraph (1) of article 4 of this Order; and no such proceedings may be brought after the end of that period if—

(a) he has paid the penalty fare to the person providing the service on which the requirement to pay that fare was made before the end of that period; or

(b) an action has been brought against him for the recovery of that fare.

(2) The offences mentioned in paragraph (1) above are—

(a) any offence under section 5(3)(a) or (b) of the Regulation of Railways Act 1889(1) (travelling without paying the correct fare with intent to avoid payment) arising from the relevant journey; and

(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.

(3) If proceedings are brought against any such person for any such offence, he shall cease to be liable to pay the penalty fare and, if he pays it, the person to whom it is paid shall be liable to repay to him the amount of that fare.

(1)

1889 c. 59.