# Regulation of Railways Act 1889, Section 5: Penalty for avoiding payment of fare.

Extent: E+W+S+N.I.

(1) Every passenger by a railway shall, on request by an officer or servant of a railway company, either produce, and if so requested deliver up, a ticket showing that his fare is paid, or pay his fare from the place whence he started, or give the officer or servant his name and address; and in case of default shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(2) If a passenger having failed either to produce, or if requested to deliver up, a ticket showing that his fare is paid, or to pay his fare, refuses or fails on request by an officer or servant of a railway company, to give his name and address, any officer of the company ... may detain him until he can be conveniently brought before some justice or otherwise discharged by due course of law.
(3) If any person—
(a) Travels or attempts to travel on a railway without having previously paid his fare, and with intent to avoid payment thereof; or
(b) Having paid his fare for a certain distance, knowingly and wilfully proceeds by train beyond that distance without previously paying the additional fare for the additional distance, and with intent to avoid payment thereof; or
(c) Having failed to pay his fare, gives in reply to a request by an officer of a railway company a false name or address,
he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale, or, in the case of a second or subsequent offence, either to a fine not exceeding level 3 on the standard scale, or in the discretion of the court to imprisonment for a term not exceeding three months.
(4) The liability of an offender to punishment under this section shall not prejudice the recovery of any fare payable by him.
(5) In this section—
(a) “railway company” includes an operator of a train, and
(b) “operator”, in relation to a train, means the person having the management of that train for the time being.

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Source: https://www.legislation.gov.uk/ukpga/Vict/52-53/57/section/5 (the official version)
Page: https://openlegislation.uk/regulation-of-railways-act-1889/section-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

