SCHEDULES
C1SCHEDULE 17 Penalty fares
Introductory
1
1
In this Schedule unless the context otherwise requires—
“authorised person” means, in relation to any purpose, a person authorised for that purpose by Transport for London or by the person providing the service;
“compulsory ticket area” means that part of a station which, under the byelaws of the person providing a train service to which this Schedule applies, passengers are not permitted to enter without a fare ticket, general travel authority or platform ticket;
“fare ticket” means a ticket (including one issued by a third person) showing payment of a fare and authorising the person in respect of whom it is issued to make a single journey covered by that fare on a local service or train service to which this Schedule applies, or to make that journey and a return journey (whether or not it also authorises him to make a journey on a service provided by a third person);
“general travel authority” means any permit (including one issued by a third person), other than a fare ticket, authorising the person in respect of whom it is issued to travel on a local service or train service to which this Schedule applies (whether or not it also authorises him to travel on a service provided by a third person);
“penalty fare” means a penalty fare payable pursuant to paragraph 3 or 4 below;
“the penalty fare provisions” means paragraphs 3 to 8 below;
“person providing the service” means the operator of the service, except that, in the case of a service provided in pursuance of an agreement entered into by Transport for London under section 156(2) or (3)(a) of this Act or in pursuance of a transport subsidiary’s agreement, means Transport for London;
“platform ticket” means a ticket authorising a person to enter a compulsory ticket area but not to make a journey;
“station” means a station serving a train service to which this Schedule applies;
“third person” means a person other than one referred to in paragraph 2(1)(a) or (b) below; and
“train service” means a service for the carriage of passengers by rail.
2
Subject to sub-paragraph (3) below, a person is travelling on a train service to which this Schedule applies at any time when he is on a train forming part of that service or is in a compulsory ticket area.
3
A person at a station is not to be taken as travelling by reason only of being in a compulsory ticket area or boarding a train at that station if he has entered that area or boards that train otherwise than for the purpose of making a journey and produces, if required to do so by an authorised person, a valid platform ticket.
4
Any reference in this Schedule to a person producing a fare ticket or general travel authority on being required to do so by an authorised person is a reference to producing, when so required, a fare ticket or general travel authority which, either by itself or together with any other fare ticket or general travel authority produced by that person at the same time, is valid for the journey he has made.
5
For the purposes of sub-paragraph (4) above—
a
a person who has entered a compulsory ticket area otherwise than by transferring from a train service provided by a third person but has not boarded a train shall be taken to have made a journey for which the minimum fare is payable; and
b
a person who is on a train shall be taken to have made a journey ending at the next station at which the train is scheduled to stop.
6
In sub-paragraph (5) above “minimum fare” means the minimum fare for which a journey from the station in question could validly be made by the person in question.
7
For the purposes of this Schedule a person is to be taken as transferring from a service provided by a third person to a service to which this Schedule applies if, but only if, having travelled on a train forming part of the former service, he—
a
goes from that train into a compulsory ticket area and finishes his journey at the station of which that area forms part; or
b
goes from that train into a compulsory ticket area and from that area boards a train forming part of a service to which this Schedule applies.
8
For the purposes of sub-paragraph (7)(b) above, in a case where the transfer takes place at a station controlled by a third person, “compulsory ticket area” means such area at that station as corresponds with a compulsory ticket area within the meaning of this Schedule.
Sch. 17 applied (with modifications) (15.7.2003) by The Croydon Tramlink (Penalty Fares) Order 2003 (S.I. 2003/1614), arts. 1, 2, Sch. 1