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The Railways (Penalty Fares) Regulations 2018

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Penalty fares – compulsory ticket area exclusions

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7.—(1) A person present in or leaving a compulsory ticket area, other than as a result of leaving a train that arrived at that compulsory ticket area, must not be charged a penalty fare where paragraph (2) or (3) applies.

(2) This paragraph applies if, at the time when, and at the station where, the person entered the compulsory ticket area—

(a)there were no facilities in operation for the sale of—

(i)a travel ticket for the journey that person intends to make; or

(ii)a platform ticket permitting that person to be present in that compulsory ticket area, where that person does not intend to board a train for the purpose of travel;

(b)the requirements for the display of notices specified in regulation 8 were not satisfied;

(c)a notice was displayed indicating that the person was, or persons generally were, permitted to be present in that compulsory ticket area without having a platform ticket or a valid travel ticket; or

(d)the operator of, or a person acting or purporting to act on behalf of the operator of—

(i)any train departing from that compulsory ticket area; or

(ii)the station of which the compulsory ticket area forms part,

indicated that the person was, or persons generally were, permitted to enter or be present in that compulsory ticket area without having a platform ticket or a valid travel ticket.

(3) This paragraph applies if the sole purpose of the person’s presence in the compulsory ticket area is to provide assistance to another person and that other person has a platform ticket or a valid travel ticket entitling that person to be present in that compulsory ticket area.

(4) In paragraph (2)(a), there are no facilities in operation for the sale of a platform ticket or a travel ticket if—

(a)the person is not able to use any means of payment that person has available at the relevant time; and

(b)the person would usually be able to purchase a platform ticket or a travel ticket at the station in question using one of those means of payment.

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