Regulation 9 Amount of penalty fareI1

England, Wales and Scotland

(1)

F1Subject to paragraph (1A), Where a penalty fare is charged under regulation 5(1) to a person travelling by, present on, or leaving a train, the amount of that penalty fare is £20 or twice the full single fare applicable, whichever is greater.

F2(1A)

In respect of England, where a penalty fare is charged under regulation 5(1) to a person travelling by, present on, or leaving a train, the amount of the penalty fare is—

(a)

£100 plus the price of the full single fare applicable, or

(b)

if paid before the end of the period of 21 days beginning with the day following the day on which the penalty fare is charged, £50 plus the price of the full single fare applicable.

(1B)

In calculating the period referred to in paragraph (1A)(b) no account is to be taken of any time on appeal.

(2)

In paragraph (1), “the full single fare applicable” is the full single fare for the journey in question from the boarding station to—

(a)

the next station at which the train is due to make a scheduled call; or

(b)

the station at which the person leaves the train if, at the time the penalty fare is charged—

(i)

the person is leaving the train; or

(ii)

the train is stationary at a station and there is sufficient opportunity for the person charged to leave the train at that station.

F3(2A)

In paragraph (1A), “the full single fare applicable” is the full single fare for the journey in question from the boarding station to the station that the penalty fare authorises the person to travel to under regulation 5(5A).

(3)

~~F4In paragraph (2)~~ In paragraph (2) and (2A), “the boarding station” means—

(a)

the station at which the person boarded the train; or

(b)

where the station mentioned in sub-paragraph (a) is not known to the collector, the station at which the train last made a scheduled call.

(4)

F5Subject to paragraph (4A), Where 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, is charged a penalty fare under regulation 5(1), the amount of the penalty fare is—

(a)

£20 or twice the full single fare applicable, whichever is greater; or

(b)

£20 where that person does not intend to board a train for the purpose of travel.

F6(4A)

In respect of England, where a person present in or leaving a compulsory ticket area, other than as a result of leaving a train that arrived at the compulsory ticket area, is charged a penalty fare under regulation 5(1), the amount of the penalty fare is—

(a)

where that person intends to board a train for the purpose of travel—

(i)

£100 plus the price of the full single fare applicable, or

(ii)

if paid before the end of the period of 21 days beginning with the day following the day on which the penalty fare is charged, £50 plus the price of the full single fare applicable;

(b)

where that person does not intend to board a train for the purpose of travel—

(i)

£100, or

(ii)

if paid before the end of the period of 21 days beginning with the day following the day on which the penalty fare is charged, £50.

(4B)

In calculating the period referred to in paragraph (4A)(a)(ii) or (b)(ii) no account is to be taken of any time on appeal.

(5)

In paragraph (4)(a) “the full single fare applicable” is the full single fare for a journey from the station of which the compulsory ticket area forms part, to the next station where the train, which that person intends to board, is due to make a scheduled call.

F7(5A)

In paragraph (4A)(a) “the full single fare applicable” is the full single fare for the journey in question from the boarding station to the station that the penalty fare authorises the person to travel to under regulation 5(8A)(b).

(6)

In this regulation “the full single fare applicable” is to be determined by reference to—

(a)

the age of the person in question;

(b)

the day and time of the journey that person is making, has made or intends to make, as the case may be; and

(c)

the train and route that person is using, has used or intends to use.

Annotations

Textual amendments

F1: Words in reg. 9(1) inserted (E.W. with application in respect of E.) (23.1.2023) by The Railways (Penalty Fares) (Amendment) Regulations 2022 (S.I. 2022/1094), regs. 1(b), 5(1)
F2: Reg. 9(1A)(1B) inserted (E.W. with application in respect of E.) (23.1.2023) by The Railways (Penalty Fares) (Amendment) Regulations 2022 (S.I. 2022/1094), regs. 1(b), 5(2)
F3: Reg. 9(2A) inserted (E.W. with application in respect of E.) (23.1.2023) by The Railways (Penalty Fares) (Amendment) Regulations 2022 (S.I. 2022/1094), regs. 1(b), 5(3)
F4: Words in reg. 9(3) substituted (E.W. with application in respect of E.) (23.1.2023) by The Railways (Penalty Fares) (Amendment) Regulations 2022 (S.I. 2022/1094), regs. 1(b), 5(4)
F5: Words in reg. 9(4) inserted (E.W. with application in respect of E.) (23.1.2023) by The Railways (Penalty Fares) (Amendment) Regulations 2022 (S.I. 2022/1094), regs. 1(b), 5(5)
F6: Reg. 9(4A)(4B) inserted (E.W. with application in respect of E.) (23.1.2023) by The Railways (Penalty Fares) (Amendment) Regulations 2022 (S.I. 2022/1094), regs. 1(b), 5(6)
F7: Reg. 9(5A) inserted (E.W. with application in respect of E.) (23.1.2023) by The Railways (Penalty Fares) (Amendment) Regulations 2022 (S.I. 2022/1094), regs. 1(b), 5(7)

Commencement

I1: Reg. 9 in force at 6.4.2018, see reg. 1(b)