# The Railways (Penalty Fares) Regulations 2018, Regulation 11: Penalty fares and criminal offences

Extent: E+W+S

(1) A person who has been charged a penalty fare under regulation 5(1) is not liable to pay where proceedings for any of the offences specified in paragraph (4) are also brought against that person in relation to the same failure to produce a platform ticket or a valid travel ticket which gave rise to that penalty fare.
(2) Subject to paragraph (2A), If a person to whom paragraph (1) applies has paid the penalty fare, or part of it, the operator on whose behalf the penalty fare was charged must refund that person the amount paid within the period of 10 working days, beginning with the day on which proceedings are brought.
(2A) If a person to whom paragraph (1) applies has paid a penalty fare calculated in accordance with regulation 9(1A) or (4A), or part of such penalty fare, the operator on whose behalf the penalty fare was charged must refund the person any amount paid that exceeds the amount of the full single fare applicable for their journey within the period of 10 working days, beginning with the day on which proceedings are brought.
(3) Where a person falling within paragraph (1)(a) has appealed against the penalty fare under regulation 16, proceedings for any of the offences specified in paragraph (4) may only be brought against that person for the same failure to produce a platform ticket or a valid travel ticket if the operator, on whose behalf the penalty fare was charged, notifies the relevant Appeal Panel that the penalty fare is cancelled before—
(a) the relevant Appeal Panel has decided the outcome of the appeal under regulation 16; or
(b) the time period mentioned in paragraph 6 of Schedule 2 expires,
whichever is sooner.
(4) The offences referred to in paragraphs (1) and (3) are the offences under—
(a) section 5(3)(a) or (b) of the Regulation of the Railways Act 1889;
(b) any byelaw made under—
(i) section 67 of the Transport Act 1962;
(ii) section 129 of the Railways Act 1993;
(iii) section 219 of the Transport Act 2000;
(iv) section 46 of the Railways Act 2005.
(c) in respect of England, section 11 of the Fraud Act 2006.

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Source: https://www.legislation.gov.uk/uksi/2018/366/regulation/11 (the official version)
Page: https://openlegislation.uk/railways-penalty-fares-regulations-2018/regulation-11
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.