Docklands Light Railway (Penalty Fares and Provision of Police Services) Order 1994
| Jurisdiction | UK Non-devolved |
| Citation | SI 1994/371 |
| Year | 1994 |
1994 No. 371
TRANSPORT AND WORKSTRANSPORT
The Docklands Light Railway (Penalty Fares and Provision of Police Services) Order 1994
Made 14th February 1994
The Secretary of State for Transport, in exercise of the powers conferred by section 1 of the Transport and Works Act 19921and on the application of Docklands Light Railway Limited, hereby makes the following Order:
Citation and commencement
1.—(1) This Order may be cited as the Docklands Light Railway (Penalty Fares and Provision of Police Services) Order 1994.
(2) Articles 1, 2, 8 and 9 shall come into force on 25th February 1994 and for all other purposes shall come into force on 3rd April 1994.
Interpretation
2.—(1) In this Order unless the context otherwise requires:—
“associated company” has the same meaning as in section 416 of the Income and Corporation Taxes Act 19882;
“authorised person” means, in relation to any purpose, a person authorised for that purpose by the Company or by the person providing the service;
“the British Transport Police Force” means the force established by a scheme under section 69 of the Transport Act 19623;
“the Company” means Docklands Light Railway Limited and includes any subsidiary undertaking of the Company;
“fare ticket” means a ticket (including one issued by a third person) showing payment of a fare and authorising the person in respect of whom it is issued to make a single journey covered by that fare on a train service to which this Order applies, or to make such journey and a return journey (whether or not it also authorises him to make a journey on a service provided by a third person);
“general travel authority” means any permit (including one issued by a third person), other than a fare ticket, authorising the person in respect of whom it is issued to travel on a train service to which this Order applies (whether or not it also authorises him to travel on a service provided by a third person);
“the Group” means the Company, any holding company of the Company, the subsidiary undertakings of the Company and all associated companies of the holding company and each and every one of them as the context so admits;
“holding company” has the same meaning as in section 736 of the Companies Act 19854;
“paid area” means that part of a station which, under the byelaws of the Company, passengers are not permitted to enter without a fare ticket, general travel authority or platform ticket;
“penalty fare” means a penalty fare payable pursuant to article 3 of this Order;
“the penalty fare provisions” means articles 3 to 7 of this Order;
“person providing the service” means the operator of the service;
“platform ticket” means a ticket authorising a person to enter a paid area;
“the Railways Board” means the British Railways Board established under section 1 of the Transport Act 1962;
“station” means a station serving a train service to which this Order applies;
“subsidiary undertaking” has the same meaning as in section 258 of the Companies Act 19855;
“third person” means a person other than the Company;
“train” means any vehicle providing a train service; and
“train service” means a service for the carriage of passengers by railway and includes a service for the carriage of passengers by road where a service by railway has been temporarily interrupted or suspended.
(2) References to a train service are, unless the context otherwise requires, references to a train service provided by or on behalf of the Company or any part of such a service.
(a)
(a) (3) Subject to sub-paragraph (b) below, a person is travelling on a train service to which this Order applies at any time when he is on a train forming part of that service or is in a paid area.
(b)
(b) A person at a station is not to be taken as travelling by reason only of being in a paid area or boarding a train at that station if he has entered that area or boards that train otherwise than for the purpose of making a journey and produces, if required to do so by an authorised person, a valid platform ticket.
(4) Any reference in this Order to a person producing a fare ticket or general travel authority on being required to do so by an authorised person is a reference to producing, when so required, a fare ticket or general travel authority which, either by itself or together with any other fare ticket or general travel authority produced by that person at the same time, is valid for the journey he has made.
(a)
(a) (5) For the purposes of paragraph (4) above—
(i) a person who has entered a paid area otherwise than by transferring from a train service provided by a third person but has not boarded a train shall be taken to have made a journey for which the minimum fare is payable; and
(ii) a person who is on a train shall be taken to have made a journey ending at the next station at which the train is scheduled to stop.
(b)
(b) In sub-paragraph (a) above, “minimum fare” means the minimum fare for which a journey from the station in question could validly be made by the person in question.
(6) For the purposes of this Order a person is to be taken as transferring from a service provided by a third person to a service to which this Order applies only if, having travelled on a train forming part of the former service, he—
(a)
(a) goes from that train into a paid area and finishes his journey at the station of which that area forms part; or
(b)
(b) goes from that train into a paid area and from that area boards a train forming part of a service to which this Order applies;
and for the purposes of sub-paragraph (b) above, in a case where the transfer takes place at a station controlled by a third person, “paid area”means such area at that station as corresponds with a paid area within the meaning of this Order.
Liability for penalty fare
3.—(1) Subject to paragraph (2) below, if a person travelling on a train service fails to produce a fare ticket or a general travel authority on being required to do so by an authorised person, he shall be liable to pay a penalty fare if required to do so by an authorised person.
(a)
(a) (2) A person (other than one falling within sub-paragraph (b) below) shall not be liable to pay a penalty fare under this article if at the time when and the station where he started to travel on the train service there were no facilities available for the sale of the necessary fare ticket for his journey.
(b)
(b) A person who started to travel on a train service by transferring to that service from a train service provided by a third person shall not be liable to pay a penalty fare under this article if—
(i) on being required to produce a fare ticket or general travel authority he produces a valid deferred fare authority issued by that third person; or
(ii) neither at the time when and thee station where he started to travel on the train service provided by that...
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