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The First Class Guide to Railway Law


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It should be noted that Transport for London (TfL) have their own separate Byelaws. (Available here)

 

RAILWAY BYELAWS - Travel and Fares Summary

 

Made under Section 46 of the Railways Act and authorised by the Secretary of State for Transport for regulating the use and working of, and travel on or by means of, railway assets, the maintenance of order on railway assets and the conduct of all persons while on railway assets (the “Byelaws”).

 

## BYELAWS 17 - 22 ARE ALL TRAVEL/TICKET/FARE RELATED BYELAWS. BYELAWS 17 AND 18 BEING THE MOST RELEVANT##

 

Travel and fares

17. Compulsory ticket areas

18. Ticketless travel in non-compulsory ticket areas

19. Classes of accommodation, reserved seats and sleeping berths

20. Altering tickets and use of altered tickets

21. Unauthorised buying or selling of tickets

22. Fares offences committed on behalf of another person

 

17. Compulsory Ticket Areas

(1) No person shall enter a compulsory ticket area on the railway unless he has with him a valid ticket.

(2) A person shall hand over his ticket for inspection and verification of validity when asked to do so by an authorised person.

 

18. Ticketless travel in non-compulsory ticket areas

(1) In any area not designated as a compulsory ticket area, no person shall enter any train for the purpose of travelling on the railway unless he has with him a valid ticket entitling him to travel.

(2) A person shall hand over his ticket for inspection and verification of validity when asked to do so by an authorised person.

 

##Byelaws 17(3) and 18(3) provide the only legally acceptable defences to anyone accused of breaching Byelaw 17(1), 17(2), 18(1) and 18(2)##

 

17(3), 18(3). No person shall be in breach of Byelaw 17(1), 17(2), 18(1) or 18(2) if:

(i) there were no facilities in working order for the issue or validation of any ticket at the time when, and the station where, he began his journey; or

(ii) there was a notice at the station where he began his journey permitting journeys to be started without a valid ticket; or

(iii) an authorised person gave him permission to travel without a valid ticket.

 

## NO OTHER DEFENCES ARE ACCEPTABLE - INTENTION IS IRRELEVANT##

 

## MAXIMUM PENALTY £1000 ON CONVICTION AT A MAGISTRATES' COURT ##

To view the Byelaws in full click here, (PDF)

 

(A printed copy can also be obtained by contacting any of these Train Operating Companies)

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REGULATION OF RAILWAYS ACT 1889 - SECTION 5

(Applies to all Railways, including London Underground)

 

Penalty for avoiding payment of fare.

 

(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 £500.

 

(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 [this gives an Inspector a power of arrest, if required] 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 willfully proceeds by train beyond that distance without previously paying the additional fare for the additional distance, and with intent to avoid payment thereof; or

 

©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 £1000, or, in the case of a second or subsequent offence, either to a fine not exceeding £1000, 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.

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Railway Clauses Consolidation Act 1845 - Section 103(a)

 

If any person knowingly and wilfully refuse or neglect, on arriving at the point to which he has paid his fare, to quit such carriage, every such person shall for every such offence forfeit a sum not exceeding £200 (Level 2).

 

Translated to more understandable English, this means:

 

If you buy a ticket from A to B, and then decide (or attempt) to deliberately stay on the train beyond station B, you commit a criminal offence. If convicted you get a fine of up to £200 (& costs, criminal record etc).

 

Prosecutors tend to favour using 5(3a) Regulation of Railways Act 1889 to prosecute this type of offence.

 

Section 104 gives all railway employees the power to arrest an offender for breaching, or attempting to breach Section 103(a).

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Miscellaneous Legislation

Get professional legal advice ASAP if you are facing offences under these Acts.

 

Forgery & Counterfeiting Act 1981 - Section 3

 

It is an offence for a person to use an instrument which is, and which he knows or believes to be, false, with the intention of inducing somebody to accept it as genuine, and by reason of so accepting it to do or not to do some act to his own or any other person’s prejudice.

 

Maximum Penalty: Up to £5000 fine, imprisonment for up to 6 months or both.

 

Fraud Act 2006 - Section 6

 

1. A person is guilty of an offence if he has in his possession or under his control any article for use in the course of, or in connection with, any fraud.

 

Maximum Penalty: Usually not exceeding 12 months imprisonment or to a fine not exceeding £5000, (or to both). If it went to Crown Court, up to 5 years imprisonment or a fine, or both.

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RAILWAY TRESPASS & ASSOCIATED OFFENCES

 

Several summary offences deal with this as follows:

 

Section 16 Railway Regulation Act 1840:

 

It is an offence to willfully trespass on any railway or premises connected therewith and to refuse to leave when asked to do so by any officer or agent of the railway company. 'Wilfulness' can be proved by the refusal to leave. The offence is punishable by a fine of up to £1000 and up to 51 weeks imprisonment if the fine is unpaid.

 

Section 23 Regulation of the Railways Act 1868:

 

This prohibits passage upon or across any railway line except for the purpose of crossing the line at an authorised point. A person commits an offence by so doing after having once received warning by the railway company, their servants or agents, to desist. Up to £200 fine.

 

Section 55 British Transport Commission Act 1949:

 

This penalises trespass on railway lines or property in dangerous proximity to such lines or electrical apparatus. Evidence is required of a notice exhibited at the station nearest the place of offence providing a clear public warning not to trespass on a railway. Punishable by a fine.

 

55(1) any person, who shall trespass upon any of the lines of railway or sidings or in any tunnel or upon any railway embankment cutting or similar work now or hereafter belonging or leased to or worked by any of the Boards or who shall trespass upon any other lands of any of the Boards in dangerous proximity to any such lines of railway or other works or to any electrical apparatus used for or in connection with the working of the railway shall be guilty of an offence.

 

This sign or any sort of similar variant is generally regarded as a "clear public warning":

548264-do-not-trespass-on-the-railway-bilingual.jpeg

 

Section 56 British Transport Commission Act 1949:

Throwing stones/matter/thing at a train

 

As there is unbelievably only 1 hard copy of this Statute available, which is located in the Commons, I am unable to cite the text at present. You can get a £50 Fixed Penalty Notice though! I will order a copy from the Stationary Office. I'm 99% sure, that on summary conviction, it is up to a Level 1 fine, £200. Criminal damage may be more appropriate these days.

Edited by firstclassx
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CRIMINAL RECORDS

 

A common query is "Will I get a criminal record for fare evasion?"

 

The answer depends on what legislation (laws) you have broken, and get convicted for.

 

National Rail Byelaws / TfL Byelaws

If convicted, a record will be created and retained by the court and prosecutor in a central database. However, this is a "non-recordable" offence and should NOT appear on a typical CRB enquiry. For certain professions, (teachers, lawyers, doctors, police etc...), an "enhanced" CRB check is required. An enhanced check may reveal your conviction.

 

Regulation of Railways Act 1889

If convicted, you will receive a normal criminal record which will continue to appear for 5 years. After 5 years, (7 years if sent to prison), you will usually no longer need to declare it, as it won't show up to employers etc, but it will still remain on file. The exception is again for certain professions where an "enhanced" disclosure is required. In these circumstances, it will always appear.

 

Railway Clauses Consolidation Act 1845 - Section 103(a)

Non-recordable. The same procedure as being convicted of a Byelaw Offence (above).

 

Forgery & Counterfeiting Act 1981 - Section 3 / Fraud Act 2006

Recordable. Same procedure applies as detailed in Regulation of Railways Act 1889 (above), although if sent to prison, you may need to declare the conviction for up to 10 years, (rather than 5).

 

Section 16 Railway Regulation Act 1840

Recordable, as per Regulation of Railways Act 1889, (above).

 

Section 23 Regulation of the Railways Act 1868;

Section 55 British Transport Commission Act 1949

Non-recordable offences; as per the Railway Byelaw procedure

 

Penalty Fares / Unpaid Fare Notices

Assuming you:

a) pay it in full or;

b) successfully appeal the notice and;

c) provided a genuine name and address when requested;

 

This will NOT become a criminal matter. You will not be convicted of anything and no criminal record will be created, although a Train Operating Company may record it on their own internal databases.

 

Travel Abroad

 

USA

The bad news, however, is that everybody who has been convicted, (even if is non-recordable, like a Byelaw), cannot travel to the USA as easily as others, permanently. An individual may require a special restricted visa in order to travel. The Rehabilitation of Offenders Act does not apply to United States visa law. Therefore, even travelers with a spent conviction are not eligible to travel visa free; they must apply for special B-1 or B-2 visas. If they attempt to travel under the Visa Waiver Program, they may be refused entry into the United States.

 

Use this wizard to help you understand the requirements

 

Australia

Not quite as strict, although you will need to declare any convictions, including for non-recordable offences, like Byelaw breaches.

You will, however, be permanently excluded from Australia on the grounds of either a substantial criminal record, or past and present criminal conduct.

 

A person is deemed to have a substantial criminal record if they have been:

 

  • sentenced to either death or life imprisonment (Not applicable to Railway Law!)
  • sentenced to a term of imprisonment for 12 months or more (Perhaps relevant if a persistant or serious offender)
  • sentenced to two or more terms of imprisonment (whether on one or more occasions), where the total of those terms is two years or more (again only if you're a persistent evader!)
  • acquitted of an offence on the grounds of either unsoundness of mind or insanity and, as a result, the person has been detained in a facility or institution (well, I hope this doesn't apply...)

 

So unless you are a serious or persistent fare evader, or with serious mental health issues, you should be okay, AS LONG AS YOU ARE HONEST on application forms.

 

Australian Immigration Service - Character

 

Further Information

Edited by firstclassx
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Penalty Fares

haveyoupaid.gif

 

Where Penalty Fares apply, rail passengers must buy their tickets before they start their journey wherever there are facilities for them to do so. If a passenger gets on a train without a ticket at a station where ticket facilities are available, they will have to pay a Penalty Fare if asked to do so by a ticket inspector who has been appointed as an 'authorised collector'.

 

When can Penalty Fares be issued?

 

Penalty Fares can be issued if a passenger:

  • travels without a valid ticket
  • is unable to produce an appropriate railcard on a discounted ticket
  • travels in first class accommodation with a standard ticket
  • is aged 16 or over, travelling on a child rate ticket
  • travels beyond the destination on their ticket

 

How much does a Penalty Fare cost?

 

The penalty is £20 or twice the full single ("Anytime") fare from the station where the passenger got on the train to the next station at which the train stops, whichever is the greater.

If the passenger wants to travel beyond the next station, they must also pay the relevant fare from that station to their final destination.

 

Appeals

 

Appeals will be accepted in the following situations:

 

1) Where a train operator has failed to meet the requirements of their scheme, the rules or the regulations. For example, if warning notices were not properly displayed in line with rule 4, or the passenger could not buy a ticket because there were no ticket facilities available at the station where they joined the train.

 

2) Where appropriate discretion has not been used by an authorised collector, in accordance with the train company's discretion guidelines and Penalty Fare Rules 2002.

 

Appeal Guidelines can be found here.

These Department for Transport Penalty Fare Rules regulate the scheme(s)

This DfT policy document explains the purpose of Penalty Fares

 

Penalty Fare Operators

Not all Train Companies are allowed to charge a Penalty Fare. Even the Train Companies that are authorised are entitled to instead report a passenger for potential prosecution or other action. Penalty Fares are not usually appropriate in circumstances where deliberate or constant fare evasion is identified.

 

The following operators issue Penalty Fare Notices, (as of September 2012):

 

 

Example of a Penalty Fare Notice

Retail_Manual_Part_1-Section_P002_small.gif

Edited by firstclassx
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UNUSUAL RAILWAY LAWS (STILL IN FORCE)

 

(This is actually quite regularly enforced but rarely, (ever?) prosecuted).

 

Railways Clauses Consolidation Act 1845

105 Penalty for bringing dangerous goods on railway.

 

No person shall be entitled to carry, or to require the company to carry, upon the railway, any aquafortis, oil of vitrol, gunpowder, lucifer matches, or any other goods which in the judgment of the company may be of a dangerous nature; and if any person send by the railway any such goods without distinctly marking their nature on the outside of the package containing the same, or otherwise giving notice in writing to the book-keeper or other servant of the company with whom the same are left, at the time of so sending, he shall forfeit £500 (Level 2) for every such offence; and it shall be lawful for the company to refuse to take any parcel that they may suspect to contain goods of a dangerous nature, or require the same to be opened to ascertain the fact.

 

144 Penalty for defacing boards used for such publication.

 

If any person pull down or injure any board put up or affixed for the purpose of publishing any byelaw of the company or any penalty imposed by this or the special Act , or shall obliterate any of the letters or figures thereon, he shall forfeit for every such offence a sum not exceeding £200/ Level 1 on the standard scale , and shall defray the expenses attending the restoration of such board.

 

(Vandalism to signs about Byelaws and other rules etc).

 

154 Transient offenders.

(Powers of arrest for railway staff and anybody they call upon to assist)

It shall be lawful for any officer or agent of the company, and all persons called by him to his assistance, to seize and detain any person who shall have committed any offence against the provisions of this or the special Act, and whose name and residence shall be unknown to such officer or agent, and convey him with all convenient despatch before some justice, without any warrant or other authority than this or the special Act; and such justice shall proceed with all convenient despatch to the hearing and determining of the complaint against such offender.

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Penalty Fares

haveyoupaid.gif

 

Where Penalty Fares apply, rail passengers must buy their tickets before they start their journey wherever there are facilities for them to do so. If a passenger gets on a train without a ticket at a station where ticket facilities are available, they will have to pay a Penalty Fare if asked to do so by a ticket inspector who has been appointed as an 'authorised collector'.

 

When can Penalty Fares be issued?

 

Penalty Fares can be issued if a passenger:

  • travels without a valid ticket
  • is unable to produce an appropriate railcard on a discounted ticket
  • travels in first class accommodation with a standard ticket
  • is aged 16 or over, travelling on a child rate ticket
  • travels beyond the destination on their ticket

 

How much does a Penalty Fare cost?

 

The penalty is £20 or twice the full single ("Anytime") fare from the station where the passenger got on the train to the next station at which the train stops, whichever is the greater.

If the passenger wants to travel beyond the next station, they must also pay the relevant fare from that station to their final destination.

 

Appeals

 

Appeals will be accepted in the following situations:

 

1) Where a train operator has failed to meet the requirements of their scheme, the rules or the regulations. For example, if warning notices were not properly displayed in line with rule 4, or the passenger could not buy a ticket because there were no ticket facilities available at the station where they joined the train.

 

2) Where appropriate discretion has not been used by an authorised collector, in accordance with the train company's discretion guidelines and Penalty Fare Rules 2002.

 

Appeal Guidelines can be found here.

These Department for Transport Penalty Fare Rules regulate the scheme(s)

This DfT policy document explains the purpose of Penalty Fares

 

Penalty Fare Operators

Not all Train Companies are allowed to charge a Penalty Fare. Even the Train Companies that are authorised are entitled to instead report a passenger for potential prosecution or other action. Penalty Fares are not usually appropriate in circumstances where deliberate or constant fare evasion is identified.

 

The following operators issue Penalty Fare Notices, (as of September 2012):

 

 

Example of a Penalty Fare Notice

Retail_Manual_Part_1-Section_P002_small.gif

 

Should C2C be on the above list ?

 

What happens if genuinelly ticket facilities were not available at the boarding station ? Can you be forced to pay a penalty fare (and appeal later), or should you not have to pay a PF but the correct fare for where you are going ?

 

Ive had a run in recently with staff on Greater Anglia and my brother with C2C where staff clearly did not know the law, in both occassion we received apologies from the companies concerned (and their MD's) and compensation.

 

Andy

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Just a note to add that Southern RPO's/RNO's check the Gatwick Express and issue a lot of penalty fares on board, usually Not Gat Ex tickets or sitting in first class, very very pricey penalty fares come from those trains. Quite often shocked when they pay in at the end of their shifts and I see how much they have made just from one run up and down

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Just a note to add that Southern RPO's/RNO's check the Gatwick Express and issue a lot of penalty fares on board, usually Not Gat Ex tickets or sitting in first class, very very pricey penalty fares come from those trains. Quite often shocked when they pay in at the end of their shifts and I see how much they have made just from one run up and down

 

Well, fortunately, every passenger who was issued one of those Penalty Fares would, or certainly should, have been successful in having it quashed.

 

According to the Gatwick Express site, Penalty Fares do not apply to the dedicated Gatwick Express services.

 

Additionally, you cannot be issued a Penalty Fare on the basis of a "route restriction".

 

(From Southern http://www.gatwickexpress.com/en/london/victoria-station/)

 

Penalty Fares apply to journeys from London Victoria station when travelling with:

 

Southern Railway

Southeastern

 

Penalty Fares do not apply if travelling with:

 

Gatwick Express

 

If this is not the case then I would be interested to know why Southern/GatExp are still advertising otherwise.

Edited by firstclassx
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Thats interesting when i think about the amount ive seen, I'll ask them when (if) I go back to work

 

Didn't realise they wearnt supposed to be doing it, learn something new each day :)

 

In my exprience some ticket inspectors are very badly trained/informed or just ignorant of the law or even their TOC's policies. They then use threats of arrest/calling BTP to threaten passangers even when they are in the right.

 

My experience related to using my C2C ticket on greater anglia due to disruption on C2C, I insisted my ticket was valid, the inspectors inisted it was not (they didnt follow my advice to phone their head office depsite having phones), the end result was the head of revenue phone me and aplogised and told me both inspectors were reprimanded.

 

Its all very well being able to appeal, but this is a time consuming business.

 

Andy

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Just a note to add that Southern RPO's/RNO's check the Gatwick Express and issue a lot of penalty fares on board, usually Not Gat Ex tickets or sitting in first class, very very pricey penalty fares come from those trains. Quite often shocked when they pay in at the end of their shifts and I see how much they have made just from one run up and down

 

There has been extensive albeit inconclusive discussion on UKRail forum on exactly this matter. Given that Gatwick Express is a trading name of Southern (confirmed by its website) and not a train operating company in its own right there are BIG question marks over whether the NRCOC mean that Southern only tickets are not valid. What is clear is that Southern have refunded ALL of those who made this arguement when excessed or penalty fared.....

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I thought PF's applied on Gat Ex services only south of Gatwick?

Views expressed in this forum by me are my own personal opinion and you take it on face value! I make any comments to the best of my knowledge but you take my advice at your own risk.

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According to the Passengers Charter for GatEx the Southern Penalty Fare is in operation between Gatwick and Brighton. Tickets can be bought on board without penalty between London and Gatwick.

Still on the lookout for buried treasure!

 

Any advice I give here is based on my own experiences throughout my life, career and training and should not be taken as accurate. If in doubt, speak to someone more qualified - a Solicitor, Citizens Advice to name but two possible avenues!

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There has been extensive albeit inconclusive discussion on UKRail forum on exactly this matter. Given that Gatwick Express is a trading name of Southern (confirmed by its website) and not a train operating company in its own right there are BIG question marks over whether the NRCOC mean that Southern only tickets are not valid. What is clear is that Southern have refunded ALL of those who made this arguement when excessed or penalty fared.....

 

Again..surely the staff should of been made aware of this ?, before issuing penalty fares ?

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Again..surely the staff should of been made aware of this ?, before issuing penalty fares ?

 

The issue in question is this:

 

Can a cheaper route SOUTHERN ONLY ticket be used on a Gatwick Express service, (which is operated by Southern), when a more expensive ANY PERMITTED ticket exists, (which is definitely, and intended to be, valid on Gatwick Express).

 

I am inclined to say, no, a SOUTHERN ONLY ticket cannot be used on Gatwick Express. Other than a small web presence, people are very unlikely to ever realise that Southern is even connected to Gatwick Express.

 

The only people "caught" so far by this are rail enthusiasts from a certain forum looking to exploit, what they believe to be, a loophole. Nobody has received a Penalty Fare, but some have been asked to pay the difference between the SOUTHERN ONLY fare and the ANY PERMITTED fare, which in some cases, has been refunded without explanation.

 

I think a good thing to do would be for Southern to take one of the enthusiasts to court on a Byelaw 18(1) count. If enthusiasts are so sure that they are correct then the court will obviously rule in their favour and be awarded costs. Southern would then have to change their strategy.

 

However, if enthusiasts are wrong...

 

My experience is that these "issues" that people think exist in the rail industry are generally customers, affiliated with enthusiast forums, pushing things very far, sometimes too far. People buying the cheapest tickets, but then assuming they have the same rights as other, more expensive tickets.

Edited by firstclassx
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The issue in question is this:

 

Can a cheaper route SOUTHERN ONLY ticket be used on a Gatwick Express service, (which is operated by Southern), when a more expensive ANY PERMITTED ticket exists, (which is definitely, and intended to be, valid on Gatwick Express).

 

I am inclined to say, no, a SOUTHERN ONLY ticket cannot be used on Gatwick Express. Other than a small web presence, people are very unlikely to ever realise that Southern is even connected to Gatwick Express.

 

firstclassx, I'm really sorry, but speaking as a lay person, I don't understand what you're driving at. If this thread is designed to help the public, a bit more information would be really helpful.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Simplified, people are essentially buying cheaper tickets and trying to use them on services intended to be more expensive. As a result, people are being penalised and charged an excess fare.

 

I believe they are being charged correctly.

 

This was more in answer/response to WickedWolfie...

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I thought the whole purpose of the GatEx was to make it as easy as possible for airport customers... hence allowing passengers to buy on board without penalty...

 

There isn't the facility to buy on board anymore since gating went live at Gatwick, now all tickets have to be sold prior to travel and emphasis is on buying in advance, getting return tickets in departure lounge when leaving etc

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In the main this thread seems to show that the laws/byelaws regarding fares/non-payment are extremely complex and that also that there are many grey areas where the law is unclear and that ticket inspectors are often unclear on the law and/or their own TOC's T&C's and policies.

 

Clearly non-payers should be pursued but there are often many people who have tickets only to be told they are invalid, sometimes this is incorrectly.

 

Andy

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In the main this thread seems to show that the laws/byelaws regarding fares/non-payment are extremely complex and that also that there are many grey areas where the law is unclear and that ticket inspectors are often unclear on the law and/or their own TOC's T&C's and policies.

 

Clearly non-payers should be pursued but there are often many people who have tickets only to be told they are invalid, sometimes this is incorrectly.

 

Andy

 

 

There are important ongoing discussions involving all the 'main players' regarding these very concerns, which are currently in progress.

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