MTLS Fare Strike Confirmed

[whole diary]

[Ollie]

To quote from: http://www.cps.gov.uk/legal/section9/chapter_d.html#_Toc44579902

"Fare Evasion
You will often have a choice between specific legislation relating to the form of transport, and proceedings under the Theft Act 1978, or Forgery and Counterfeiting Act 1981. <See The Theft Acts and Forgery & Counterfeiting, elsewhere in this guidance>.

Section 5 Regulation of Railways Act 1889 <Stones 7-7043> is usually used for offences of fare evasion on the railways for:

    * travelling/attempting to travel on a railway without having previously paid the fare and with intent to avoid payment thereof; or
    * having paid the fare for a certain distance, knowingly and wilfully proceeding by train beyond that distance without previously paying the additional fare for the additional distance and with intent to avoid payment thereof; or
    * having failed to pay the fare, giving in reply to a request from an officer of a railway company a false name and address.

Section 103(a) Railway Clauses Consolidation Act 1845 <Stones 7-7001> covers a person refusing to quit a carriage on arrival at the point to which he has paid his fare.

Both Section 5 and Section 103(a) are summary only offences. "Intent to avoid payment" in Section 5 does not mean a dishonest intent, but an intent to avoid payment of the sum actually due.

There are provisions in bye-laws which cover fare evasion, but in the vast majority of cases it will be appropriate to use the Section 5 offence.

Consider using the provisions of the Theft Act 1978, especially Sections 2 and 3, where there is evidence of premeditation, or persistence, or repeat offending, or large loss by the transport authority.

Where tickets have been altered or defaced consider a charge under the Forgery and Counterfeiting Act 1981."

[smokey]

To quote from: http://www.cps.gov.uk/legal/section9/chapter_d.html#_Toc44579902

"Fare Evasion
You will often have a choice between specific legislation relating to the form of transport, and proceedings under the Theft Act 1978, or Forgery and Counterfeiting Act 1981. <See The Theft Acts and Forgery & Counterfeiting, elsewhere in this guidance>.

Section 5 Regulation of Railways Act 1889 <Stones 7-7043> is usually used for offences of fare evasion on the railways for:

    * travelling/attempting to travel on a railway without having previously paid the fare and with intent to avoid payment thereof; or
    * having paid the fare for a certain distance, knowingly and wilfully proceeding by train beyond that distance without previously paying the additional fare for the additional distance and with intent to avoid payment thereof; or
    * having failed to pay the fare, giving in reply to a request from an officer of a railway company a false name and address.

Section 103(a) Railway Clauses Consolidation Act 1845 <Stones 7-7001> covers a person refusing to quit a carriage on arrival at the point to which he has paid his fare.

Both Section 5 and Section 103(a) are summary only offences. "Intent to avoid payment" in Section 5 does not mean a dishonest intent, but an intent to avoid payment of the sum actually due.

There are provisions in bye-laws which cover fare evasion, but in the vast majority of cases it will be appropriate to use the Section 5 offence.

Consider using the provisions of the Theft Act 1978, especially Sections 2 and 3, where there is evidence of premeditation, or persistence, or repeat offending, or large loss by the transport authority.

Where tickets have been altered or defaced consider a charge under the Forgery and Counterfeiting Act 1981."

As I said anyone so moved to, who wants to stay lawful during a fare strike should present a Fare strike ticket along with their valid ticket to members of train crew.

There is an action that can be taken by passengers, that will delay On train staff greatly, but thats another story.

[vacman]

Or theres good old byelaw 18, is simply travelling without a valid ticket, its a bound to rights byelaw, where anyone who has had the chance to buy a ticket who hasn't! Technicly, if you board a train at a manned station without having bought a ticket then you can be done for this byelaw whether you offer to pay or not! usually it's a ^50 fine in court plus costs and compensation to the TOC^▸ (Train Operating Company)!! I've seen it many times, some bloke got done for this because he was 10p short for his fare! (there was more to that case).

[Doctor Gideon Ceefax]

There is an action that can be taken by passengers, that will delay On train staff greatly, but thats another story.
[/quote]

Which isn't likely to endear them to the cause, if they are being made to fill in extra reports about delays or incidents.