OpenLegislation

Regulation 6 Circumstances in which a penalty fare is not to be charged where a person is travelling on a trainI1

England, Wales and Scotland

(1)

Subject to the provisions of paragraph (3), in the case of a person travelling by, being present on or leaving a train (in this regulation referred to as “the relevant train”), no person shall be charged a penalty fare in the circumstances to which this regulation applies.

(2)

The circumstances to which this regulation applies are that, at the time when and at the station where the person in question boarded the relevant train, or, in the case where a person has boarded the relevant train after travelling on a preceding train, that, at the time when and at the station where the person in question boarded that preceding train,

(a)

there were no facilities in operation for the sale of the appropriate ticket or other authority to make the journey being or having been made by that person;

(b)

the requirements of rules in respect of the display of notices were not satisfied;

(c)

a notice was displayed indicating that the person in question was, or persons generally were, permitted to travel by or be present on the relevant train or, as the case may be, the preceding train without having a ticket or other authority; or

(d)

a person acting or purporting to act on behalf of

(i)

the operator of the relevant train, or

(ii)

the operator of the station in question,

indicated that the person in question was, or persons generally were, permitted to travel by or be present on the relevant train or, as the case may be, any preceding train without having a ticket or other authority.

(3)

Paragraphs (1) and (2) of this regulation shall not prevent a person from being charged a penalty fare where he had been invited by anybody acting on behalf of the operator of the relevant train or any preceding train to obtain a ticket or other authority while travelling on or present on the relevant train or that preceding train.

Annotations

Commencement

I1

Reg. 6 in force at 1.4.1994, see reg. 1(2)