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Concept
Penalty fare
Résumé
A penalty fare, standard fare, or fixed penalty notice is a special, usually higher, fare charged because a passenger using public transport did not comply with the normal ticket purchasing rules. It should not be confused with an unpaid fares notice.
Typically penalty fares are incurred by passengers failing to purchase a ticket before travelling or by purchasing an incorrect ticket which does not cover their whole journey.
Penalty fares are a civil debt, not a fine, and a person whose penalty fare is paid is not considered to have committed a criminal offence. Penalty fares are used to discourage casual fare evasion and disregard for the ticketing rules without resorting to (in the case of railways in Great Britain) the drastic and costly step of prosecution under the Regulation of Railways Act 1889 or other laws dealing with theft and fraud. More egregious fare avoiders can still be prosecuted and fined or imprisoned if convicted.
Penalty fares were first introduced on British Rail's Network SouthEast services under the British Rail (Penalty Fares) Act 1989. Over time they have been extended to cover many parts of the National Rail network. Initially the penalty fare was set at £10 or twice the full single fare to the next station (whichever was higher) in addition to the full single fare for the rest of the journey. This was raised to £20 in 2005, and to £100 in 2023.
Penalty fares on the National Rail network are legally based on section 130 of the Railways Act 1993. The rules which govern the application of penalty fares are the Penalty Fares Rules 2002. Under these rules any passenger found to be without a valid ticket can be issued a penalty fare irrespective of whether it was their intent to travel without paying.
From January 2023, following a public consultation, the Department for Transport increased the penalty fare to £100 in England plus the cost of the unpaid ticket, under the Railways (Penalty Fares) (Amendment) Regulations 2022. This is reduced to £50 plus the cost of the ticket if paid within 21 days.
Source officielle
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