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31 2005

Railway Safety Act 2005

PART 15

Fare Evasion and Fixed Payment Notices

Penalty for avoiding payment of fare.

132. —(1) Every passenger of a railway undertaking shall, on request by an officer or employee of a railway undertaking, 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 railway undertaking 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 railway undertaking 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.

Fixed payment notice.

133. —(1) Where an authorised officer has reasonable grounds for believing that a person is committing or has committed an offence under section 22(4), 22A(2) or 59(1) of the Transport Act 1950 , section 25(1) of the Transport (Miscellaneous Provisions) Act 1971 , or section 118 or 132, he or she may serve the person with a notice (“fixed payment notice”) in the prescribed form stating that—

(a) the person is alleged to have committed the offence,

(b) the person may during the period of 21 days beginning on the date of the notice make to the railway undertaking concerned at the address specified in the notice a payment of €100, or in lieu of that amount such other amount standing specified for the time being in regulations, accompanied by the notice, and

(c) a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted.

(2) Where a fixed payment notice is given under subsection (1)

(a) a person to whom the notice applies may, during the period specified in the notice, make to the railway undertaking concerned at the address specified in the notice the payment specified in the notice accompanied by the notice,

(b) the railway undertaking concerned may receive the payment, issue a receipt for it and retain the money so paid, and any payment so received shall not be recoverable in any circumstances by the person who made it, and

(c) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice, and if the payment so specified is made during that period, no prosecution in respect of the alleged offence shall be instituted.

(3) In a prosecution for an offence under this Act the onus of proving that a payment pursuant to a notice under this section has been made shall lie on the defendant.

(4) A railway undertaking may appoint such and so many persons as it considers necessary to be authorised officers for the purpose of subsection (1) generally or for specified purposes.

(5) In this section—

“authorised officer” includes in relation to an offence under section 22(4), 22A(2) or 59(1) of the Transport Act 1950 , section 25(1) of the Transport (Miscellaneous Provisions) Act 1971 or section 118 or 132 and in relation to railway property belonging to or under the control of Corás Iompair Éireann, an authorised officer appointed under section 22A (inserted by section 129 ) of the Transport Act 1950 ;

“prescribed” means prescribed by regulations made by the Minister.