On 07/09/10 14:36, Roy Badami wrote:

My concern is that it wouldn't fall apart. You'd be on a train without a
valid ticket, and you wouldn't really have much of a leg to stand on.
The offence under the byelaws is an absolute offence, so intent doesn't
matter.

Actually, I take that back slightly. The two relevent circumstances
that trigger an offence under the Railway Byelaws are

17(1) No person shall enter a compulsory ticket area on the railway
unless he has with him a valid ticket.

18(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.

So it would seem that you wouldn't trigger the above offences if you
were within your zones when you entered a NR compulsory ticket area; nor
if you were within your zones when you boarded a NR train, at least
providing the next stop was also within your zones.

You might need to be careful if you need to change trains, though, since
if you don't remain within a compulsory ticket area then boarding the
second train may trigger an offence under 18(1).

If they can't use the Byelaws then of course we're home and dry, because
to prosecute under the Railways Acts they'd have to prove an intent to
evade the fare.

-roy