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The Regulation of the Railway Act 1889 only makes it an offence to travel without having previously paid the fare if you intend to avoid paying the fare. An example of this would be deliberately boarding in a unit of the train which does not have a guard in and then doing a runner at your...
Not necessarily, simply joining the train in a unit the guard is not in is not a criminal offence. However doing that and then subsequently walking out the other end without paying could be, even if they are willing to pay when challenged.
Alright I accept your point, fair enough. But if the station you board at is expressly designated as a Pay On Train station (or lacks ticket purchasing facilities for the method you want to use) then expecting to be able to buy a ticket onboard or at the very least at your destination at no...
Were there facilities to buy before you board? If so then (subject to certain exemptions) you were lucky not to be prosecuted or charged a PF if you had boarded the train before approaching the guard.
Yes that is fraud by false representation and also by failing to disclose information. Additionally this could be considered an offence under the Railway Byelaws.
My point was more that if a guard is present than the presence of a member of staff is guaranteed. But on DOO there might not necessarily be one so you can't rely on being able to buy onboard. But fair point will be more clear from now on
How do passengers know whether a Pacer has a guard onboard or is running DOO? What about other multiple units which are not gangwayed e.g. Greater Anglia EMUs, XC and Virgin Voyagers and GWR DMUs etc.
That's true, that may not even be possible if 1) you don't even know if a guard is on board or it's DOO 2) you don't know which unit he is in 3) there isn't space in the unit you need anyway.
Exactly. It's not like they have the power to inspect your phone without a warrant anyway, smart or not. If we do want to introduce that legal power then we will require new legislation entirely, not just a slight modification to the conditions of travel and Byelaws.
Yeah but the other side of the argument is what if the person doesn't use m tickets (for whatever reason) and the guard doesn't do their job properly by coming through the train when they should (in the case of a Paytrain station or where the passenger had changed their mind and wants to travel...
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