The Merseytram (Liverpool City Centre to Kirkby) Order 2005

Exclusion of double liability

63.—(1) Where a person has become liable to pay a penalty fare in respect of any journey (referred to below as “the relevant journey”), no proceedings may be brought against him for either of the offences specified in paragraph (2) before the end of the period mentioned in article 59(1); and no such proceedings may be brought after the end of that period if—

(a) he has paid the penalty fare to Merseytravel before the end of that period; or

(b) an action has been brought against him for the recovery of that fare.

(2) The offences mentioned in paragraph (1) are—

(a) any offence under byelaws made under article 50 involving a failure to obtain or produce a fare ticket or general travel authority for the relevant journey; and

(b) any offence under section 25(3) of the Public Passenger Vehicles Act 1981(1) of contravening or failing to comply with any provision of regulations for the time being having effect by virtue of that section by failing to pay the fare properly payable for the relevant journey or any part of it.

(3) If proceedings are brought against any such person for any such offence he shall cease to be liable to pay the penalty fare and, if he has paid it, Merseytravel shall be liable to repay to him an amount equal to the amount of that fare.

(1)

1981 c. 14.