The Railways (Penalty Fares) Regulations 1994

Exclusion of double liability. E+W+S

10.—(1) Where a person has been charged a penalty fare in respect of his failure to produce a ticket or other authority when required to do so pursuant to regulation 3, and, arising from that failure, proceedings are brought against that person in respect of any of the offences specified in paragraph (2), that person shall cease to be liable to pay the penalty fare which he has been charged, and, if he has paid it, the operator by or on whose behalf the penalty fare was charged shall be liable to repay to him an amount equal to the amount of that penalty fare.

(2) The offences mentioned in paragraph (1) are an offence under section 5(3)(a) or (b) of the Regulation of Railways Act 1889(1), or an offence under any byelaw made under section 67 of the Transport Act 1962(2) or section 129 of the Railways Act 1993 in respect of:

(a) his travelling by, or his presence on, a train without having previously paid his fare, or, having paid his fare for a certain distance, his travelling beyond that distance without previously paying the additional fare for the additional distance;

(b) his travelling by, or his presence on, a train without a ticket or other authority entitling him to travel by or be present on a train;

(c) his presence in part of a station without a ticket or other authority authorising him to be present there.

Commencement Information

I1 Reg. 10 in force at 1.4.1994, see reg. 1(2)

(1)

1889 c. 57.

(2)

1962 c. 46.