Page:South Yorkshire Light Rail Transit Act 1989(ukla19890019en).pdf/16

14 (4) Any activating order, and any order revoking an activating order may contain such supplementary, incidental and consequential provisions (including transitional provisions) as may appear to the Secretary of State to be necessary or expedient.

(5) No activating order may be made except at the request of the Executive.

Penalty fares.

18.—(1) If a person travelling on a LRT vehicle, on being required to do so by an authorised person, fails to produce a fare ticket or a general travel authority, he shall be liable to pay a penalty fare if required to do so by an authorised person.

(2) (a) A person shall not be liable to pay a penalty fare if at the LRT stop where, and the time when, he boarded the LRT vehicle—

(i) in the case of a person falling within paragraph (b) below, there wereor no facilities for making the required imprint on fare person, there were no facilities for the sale of

(ii) in the case of any other the necessary fare ticket for his journey.

(b) A person falls within this paragraph if (pursuant to a requirement under subsection (1) above) he produces a fare ticket which is invalid only by reason of its not bearing the required imprint.

(4) Subsections (4) and (5) below have effect with respect to the burden of proof in any action for the recovery of a penalty fare under this section so far as concerns the question whether the facts of the case fall within subsection (2) above.

(4) In any case where the defendant has provided the plaintiff with a relevant statement in due time it shall be for the plaintiff to show that the facts of the case do not fall within subsection (2) above, and in any other case it shall be for the defendant to show that the facts of the case fall within that provision.

(5) For the purposes of subsection (4) above—

(a) a relevant statement is a statement giving an explanation of the defendant's failure to produce a fare ticket or general travel authority, together with any information as to his journey relevant to that explanation (including, in every case, an indication of the LRT and stop where he boarded the LRT vehicle); and

(b) a statement is provided in due time if it is provided when the defendant is required to produce a fare ticket or general travel authority, or at any later time before the expiration of the period of 21 days beginning with the day following the day on which the journey is completed.

(6) In this section "the required imprint" means an imprint signifying a date, time and stop (being the date and time when, and the LRT stop where, the imprint is made).

Amount of penalty fare.

19.—(1) Subject to subsection (2) below, a penalty fare shall be £10 and shall be payable to the Executive before the expiration of the period of 2 days beginning with the day following the day on which the journey in respect of which it is payable is completed.

(2) The Secretary of State may by order prescribe that the amount of the penalty fare shall be different (whether higher or lower), and any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Document to be issued in connection with penalty fare requirement.

20.—(1) An authorised person who requires a person (referred to below as fare shall give him either a receipt for the