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Old September 8th 10, 09:00 PM posted to uk.transport.london
[email protected] rosenstiel@cix.compulink.co.uk is offline
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In article , (Roy
Badami) wrote:

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.


18(1) is not consistent with the sale of tickets on train, though!

--
Colin Rosenstiel