Railway Safety Act 2005

PART 15

Fare Evasion and Fixed Payment Notices

Penalty for avoiding payment of fare.

132

132.—(1) Every passenger of a F139 [ railway organisation ] shall, on request by an officer or employee of a F139 [ railway organisation ], produce, and if so requested, deliver up to the officer or employee a ticket showing that his or her fare is paid and, if the fare has not been paid, shall upon request—

( a) pay, to the officer or employee—

(i) his or her fare from the place where he or she started the journey by railway, or

(ii) such other fare for non-payment of a fare as fixed by the undertaking,

as the officer or employee decides, or

( b) give the officer or employee his or her name and address.

(2) A passenger who fails—

( a) to comply with a request under subsection (1) to deliver up a ticket,

( b) to pay the fare required under subsection (1)(a), or

( c) to give his or her name and address, if requested under subsection (1)(b),

is guilty of an offence.

(3) A passenger who—

( a) travels or attempts to travel on a railway of a F139 [ railway organisation ] without having previously paid his or her fare, and with intent to avoid such payment,

( b) having paid his or her 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 such payment, or

( c) having failed to pay his or her fare, gives in reply to a request by an officer or employee of a F139 [ railway organisation ] a false or misleading name or address,

is guilty of an offence.

(4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding €1,000.

(5) The liability of an offender to a penalty under this section does not prejudice the recovery of any fare payable by him or her.

Annotations:

Amendments:

F139

Substituted (25.11.2013) by European Union (Railway Safety) Regulations 2013 (S.I. No. 444 of 2013), reg. 20(1)(d).

Editorial Notes:

E71

The undertaking referred to in subs. (1)(a)(ii) appears to be a reference to a railway organisation in accordance with European Union (Railway Safety) Regulations 2013 (S.I. No. 444 of 2013), reg. 20(1)(d), which provided for the substitution of “railway organisation” for “railway undertaking” in numerous sections including this one.