it could potentially be (at least partially) resolved with a principle such as "the shortest route on the day of travel".
Well I believe that's what the current rules actually amount to already, as follows:
1) It would be absurd for the railway to sell a ticket that cannot be used on any services.
2) The phrase is "the shortest route which can be used by scheduled passenger services". Combining this with (1) we deduce an implicit qualification here of "during the period of validity of the ticket" - otherwise you'd be denied clearly-expressed rights attached to the ticket under 13(a)(ii). For Day tickets we're already there.
3) We have to stretch this a little for tickets of longer validity if you don't want to appeal to symmetry. We also have these statements:
"The period during which a ticket is valid is printed on the ticket or will be made clear to you when you buy your ticket."
We note that the railway expresses this period in units of days e.g. FIVE DAYS or ONE MONTH.
"Restrictions apply to the use of some tickets ... such as the dates, days, and times when you can use them"
I take from these an underlying (and common sense) assumption that other than any such restrictions, you have the freedom to choose the day upon which you travel within the period of validity of a specific ticket and can assert your rights under 13(a)(ii) on that particular day.
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I still maintain that a route can be shorter than the shortest route entirely by rail, or a route can be shorter than the shortest route with a regular passenger service.
Fine, but I personally don't find any documentary backing for the consideration of the
regularity of a scheduled service.
As for
entirely by rail, this relies on the interpretation of the word "trains" in 13(a)(ii) and I side with a broad interpretation based on the contents of the National Rail Timetable. (An alternative literal interpretation could cause problems with buses, for example.)
An argument against is that on such a day, intended routes which are normally valid, may become invalidated if they are not also mapped routes.
But why is it a problem if the shortest route varies from day to day? Other routes on those days - if intended to be permitted - should be permitted explicitly through the maps or easements. We're discussing the right to travel on the 'shortest route' here, not the right to travel on non-shortest routes.
However, as we discussed before, the underlying problem here is that it's not really the right to travel on the 'shortest route by distance' that should have been protected in this way. What proportion of passengers genuinely care about the relative distances of the different routes? Rather, I'd wager that what most passengers would rather have is a right to travel on the shortest route
in time a.k.a. the
quickest route!
One reason the algorithms used by the online journey planning websites struggle with the routeing guide is that they are seemingly designed primarily to offer passengers
quickest routes instead of showing services based on permitted routes (as the paperwork asserts must be done and as we've been promised numerous times over the years yet still don't have).
So why has privatisation still not delivered us simple tickets bearing a right to travel on the quickest route based upon the time at which you happen to begin your journey? Forget smartcards! These are the sort of things I, for one, would expect to see as priorities for passenger-focussed ticketing reform!