Penalty fare
Encyclopedia
On the United Kingdom
's public transport
systems, a penalty fare is a special fare charged at a higher than normal price because the purchaser did not comply with the normal ticket purchasing rules. Typically penalty fares are incurred by passengers failing to purchase a ticket before travelling or by purchasing an incorrect ticket which does not cover their whole journey.
Penalty fares are not a fine and the person paying the penalty fare is not considered to have committed a criminal offence. Penalty fares are used to discourage casual fare evasion
and disregard for the ticketing rules without resorting to the drastic and costly step of prosecution
under the Regulation of Railways Act 1889
. More egregious fare avoiders can still be prosecuted and fined if convicted.
Penalty fares are used on the UK's National Rail
network and also on other modes of transport within London
.
Network SouthEast
under the British Rail (Penalty Fares) Act 1989. Over time they have been extended to cover many parts of the National Rail
network.
The London Regional Transport (Penalty Fares) Act 1992 and the Greater London Authority Act 1999
allows Transport for London
to charge penalty fares under similar but not identical rules. TfL's penalty fares scheme covers buses and trams as well as the London Underground
and Docklands Light Railway
.
Initially the maximum penalty fare was set at £10 (£5 on buses & trams) or twice the full single fare to the next station (whichever is the highest) in addition to the full single fare for the rest of the journey. This was later raised to £20 for all transport modes. As of 2009-01-11, this has been further raised to £50 (on London Underground/Overground/Buses/Trams and DLR only), although like many other civil penalties in the UK, a 50% discount is applied for early payments.
Penalty fares on the National Rail network are legally based on section 130 of the Railways Act 1993. The rules which govern the application of penalty fares are the Penalty Fares Rules 2002. Under these rules any passenger found to be without a valid ticket can be issued a penalty fare irrespective of whether it was their intent to travel without paying. The few exceptions to this include the inability of the passenger to buy a ticket due to no services being available at the boarding station.
The legality of penalty fares on the National Rail network has been questioned as they are not legally enforcable without a court order. As far as August 2009 no train company has ever attempted to enforce a penalty through the courts. A passenger found to be without a valid ticket is only legally required to give their correct name and address and pay the appropriate single fare. If a train company were to attempt a criminal prosecution under the Regulation of Railways Act 1889, they would need to show the passenger intended to travel without paying in order to secure a conviction.
s either on the trains or by staff at the destination station, some of whom receive commission on each penalty issued. Passengers unable to pay the fare on the spot are allowed to pay within 21 days provided they supply their name and address.
Passengers who were unable to purchase a ticket due to faulty ticket machines
or closed ticket offices are not charged penalty fares. Staff have considerable discretion in deciding whether to charge a penalty fare to passengers without valid tickets.
Travellers issued with penalty fares which they believe to be unfair may appeal the fare within 21 days to an appeal service, which varies depending on the mode of transport. For National Rail
services this is the Independent Penalty Fares Appeal Service which is run by Southeastern Trains
Ltd. Passenger Focus have questioned whether an appeals body funded by a train company can be truly independent.
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
's public transport
Public transport
Public transport is a shared passenger transportation service which is available for use by the general public, as distinct from modes such as taxicab, car pooling or hired buses which are not shared by strangers without private arrangement.Public transport modes include buses, trolleybuses, trams...
systems, a penalty fare is a special fare charged at a higher than normal price because the purchaser did not comply with the normal ticket purchasing rules. Typically penalty fares are incurred by passengers failing to purchase a ticket before travelling or by purchasing an incorrect ticket which does not cover their whole journey.
Penalty fares are not a fine and the person paying the penalty fare is not considered to have committed a criminal offence. Penalty fares are used to discourage casual fare evasion
Fare evasion
Fare evasion, as distinct from fare avoidance, is the act of travelling on public transport in disregard of the law and/or regulation, having deliberately not purchased the required ticket to travel . It is a problem in many parts of the world, and revenue protection officers operate on many systems...
and disregard for the ticketing rules without resorting to the drastic and costly step of prosecution
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
under the Regulation of Railways Act 1889
Regulation of Railways Act 1889
The Regulation of Railways Act 1889 was an Act of the Parliament of the United Kingdom of Great Britain and Ireland...
. More egregious fare avoiders can still be prosecuted and fined if convicted.
Penalty fares are used on the UK's National Rail
National Rail
National Rail is a title used by the Association of Train Operating Companies as a generic term to define the passenger rail services operated in Great Britain...
network and also on other modes of transport within London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
.
History and legal status
Penalty fares were first introduced on British RailBritish Rail
British Railways , which from 1965 traded as British Rail, was the operator of most of the rail transport in Great Britain between 1948 and 1997. It was formed from the nationalisation of the "Big Four" British railway companies and lasted until the gradual privatisation of British Rail, in stages...
Network SouthEast
Network SouthEast
Network SouthEast was one of three passenger sectors of British Rail created in 1982. NSE principally operated commuter trains in the London area and inter-urban services in densely populated South East England, although the network reached as far west as Exeter...
under the British Rail (Penalty Fares) Act 1989. Over time they have been extended to cover many parts of the National Rail
National Rail
National Rail is a title used by the Association of Train Operating Companies as a generic term to define the passenger rail services operated in Great Britain...
network.
The London Regional Transport (Penalty Fares) Act 1992 and the Greater London Authority Act 1999
Greater London Authority Act 1999
The Greater London Authority Act 1999 is the Act of Parliament that established the Greater London Authority, the London Assembly and the Mayor of London....
allows Transport for London
Transport for London
Transport for London is the local government body responsible for most aspects of the transport system in Greater London in England. Its role is to implement the transport strategy and to manage transport services across London...
to charge penalty fares under similar but not identical rules. TfL's penalty fares scheme covers buses and trams as well as the London Underground
London Underground
The London Underground is a rapid transit system serving a large part of Greater London and some parts of Buckinghamshire, Hertfordshire and Essex in England...
and Docklands Light Railway
Docklands Light Railway
The Docklands Light Railway is an automated light metro or light rail system opened on 31 August 1987 to serve the redeveloped Docklands area of London...
.
Initially the maximum penalty fare was set at £10 (£5 on buses & trams) or twice the full single fare to the next station (whichever is the highest) in addition to the full single fare for the rest of the journey. This was later raised to £20 for all transport modes. As of 2009-01-11, this has been further raised to £50 (on London Underground/Overground/Buses/Trams and DLR only), although like many other civil penalties in the UK, a 50% discount is applied for early payments.
Penalty fares on the National Rail network are legally based on section 130 of the Railways Act 1993. The rules which govern the application of penalty fares are the Penalty Fares Rules 2002. Under these rules any passenger found to be without a valid ticket can be issued a penalty fare irrespective of whether it was their intent to travel without paying. The few exceptions to this include the inability of the passenger to buy a ticket due to no services being available at the boarding station.
The legality of penalty fares on the National Rail network has been questioned as they are not legally enforcable without a court order. As far as August 2009 no train company has ever attempted to enforce a penalty through the courts. A passenger found to be without a valid ticket is only legally required to give their correct name and address and pay the appropriate single fare. If a train company were to attempt a criminal prosecution under the Regulation of Railways Act 1889, they would need to show the passenger intended to travel without paying in order to secure a conviction.
Operation
Penalty fares are typically issued by Revenue Protection InspectorRevenue Protection Inspector
Revenue Protection Inspector or Revenue Protection Officer is the job title given to staff who patrol different forms of public transport issuing penalty fares to passengers who travel without a valid ticket. These titles are principally used in the United Kingdom...
s either on the trains or by staff at the destination station, some of whom receive commission on each penalty issued. Passengers unable to pay the fare on the spot are allowed to pay within 21 days provided they supply their name and address.
Passengers who were unable to purchase a ticket due to faulty ticket machines
Ticket machine
A ticket machine, also known as a ticket vending machine , is a vending machine that produces tickets. For instance, ticket machines dispense train tickets at railway stations and tram tickets at some tram stops and in some trams...
or closed ticket offices are not charged penalty fares. Staff have considerable discretion in deciding whether to charge a penalty fare to passengers without valid tickets.
Travellers issued with penalty fares which they believe to be unfair may appeal the fare within 21 days to an appeal service, which varies depending on the mode of transport. For National Rail
National Rail
National Rail is a title used by the Association of Train Operating Companies as a generic term to define the passenger rail services operated in Great Britain...
services this is the Independent Penalty Fares Appeal Service which is run by Southeastern Trains
Southeastern (train operating company)
London & South Eastern Railway Limited, trading as Southeastern is a train operating company in south-east England. On 1 April 2006 it became the franchisee for the new Integrated Kent Franchise , replacing the publicly owned South Eastern Trains on the former South East Franchise...
Ltd. Passenger Focus have questioned whether an appeals body funded by a train company can be truly independent.
See also
- British Transport PoliceBritish Transport PoliceThe British Transport Police is a special police force that polices those railways and light-rail systems in Great Britain for which it has entered into an agreement to provide such services...
- Fare evasionFare evasionFare evasion, as distinct from fare avoidance, is the act of travelling on public transport in disregard of the law and/or regulation, having deliberately not purchased the required ticket to travel . It is a problem in many parts of the world, and revenue protection officers operate on many systems...
- National Rail Conditions of CarriageNational Rail Conditions of CarriageThe National Rail Conditions of Carriage are a contractual document, setting out the consumer's rights and responsibilities when travelling on the National Rail network. When a train ticket is purchased, a contract is established...
- London Underground ticketingLondon Underground ticketingThe London Underground metro system of London, England uses a mix of paper and electronic smart-card ticketing.-Fare zones:London Underground uses Transport for London's Travelcard zones to calculate fares, including fares for use on the Underground only...
External links
- Department for TransportDepartment for TransportIn the United Kingdom, the Department for Transport is the government department responsible for the English transport network and a limited number of transport matters in Scotland, Wales and Northern Ireland which are not devolved...
: Penalty Fares Policy - National RailNational RailNational Rail is a title used by the Association of Train Operating Companies as a generic term to define the passenger rail services operated in Great Britain...
: Penalty Fares - Transport for LondonTransport for LondonTransport for London is the local government body responsible for most aspects of the transport system in Greater London in England. Its role is to implement the transport strategy and to manage transport services across London...
: Penalty fares and prosecutions (Lists the various Appeal Bodies)