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S.I. No. 576/2006, and what are you paying for?

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  • 01-11-2013 4:43pm
    #1
    n97 mini
    Registered Users Posts: 8,295 ✭✭✭


    To avoid derailing the other thread any further, and to have a reasoned debate rather than point scoring: The example cited whereby someone was caught without a valid ticket, had to pay €113, and was allowed to continue the journey.

    The question arises what exactly you are paying for, and under what legislation. (Leaflets are only interpretations of laws and have no legal standing.)

    So, from what I can see under S.I. No. 576/2006 the Fixed Payment Notice is set to €100, and this is all that IE can charge you under this SI.

    The question therefore arises what is the €13 buying, and under what legislation is it being asked.

    We're all agreed that in itself €100 does not entitle the person in question to complete the journey. We're also all in agreement on other threads that as you cannot travel with a valid ticket.

    Therefore the logical conclusion is that the €13 is for a ticket, material or not, seeing as the RP staff allow the person in question to travel to their destination rather than asking them to leave at the next stop.


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    #2
    goingnowhere
    Registered Users Posts: 4,142 ✭✭✭goingnowhere


    The SI just outlines the procedure for a fixed penalty notice

    If you read the rail safety act

    http://www.irishstatutebook.ie/2005/en/act/pub/0031/sec0132.html#sec132

    "(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."

    It also specifically identifies over traveling as an offence

    "(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"


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    #3
    n97 mini
    Registered Users Posts: 8,295 ✭✭✭n97 mini


    goingnowhere wrote: »
    "(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."
    If the fare is on top of the €100 and they are being allowed to travel, can we assume they been issued a ticket?


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    #4
    corktina
    Closed Accounts Posts: 17,733 ✭✭✭✭corktina


    I doubt they would be issued with a ticket until such time as they pay up and there isn't much point then!


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    #5
    n97 mini
    Registered Users Posts: 8,295 ✭✭✭n97 mini


    Curious. Under what law are they allowed to continue their journey if they don't have a valid ticket? I've searched through a few SI's and the RSA, and I'm not sure they are.


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    #6
    Spook_ie
    Registered Users Posts: 10,896 ✭✭✭✭Spook_ie


    Surely just a case of the fare being on the receipt for the fine otherwise what's to prevent you being approached by another inspector 2 or 3 stations on?


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