Is a TVM a booking office?

[haddockman]

Have there been any recorded convictions where the booking office was closed but there was a TVM available?

I am of the belief that a TVM is not a booking office under the bylaws.

Is there anything in the byelaws that forces you to use a TVM? What about illiterate persons, blind persons etc?

[Jamie2k9]

Did you get fined by any chance...

People who are blind have passes are are promitted to board if there is no ticket office open. Pleny of people have being fined because they didn't use the TMV and most likely pay instead of going to court.

[haddockman]

I have not been fined. I always pays at the booking office or my Mrs uses her pass and gets me a ticket.

I am just curious as I cannot find anything that forces you to use a TVM.

[Jamie2k9]

I don't know the legal side of things but I'm sure somone on here will.

[Thomas Ralph]

Nothing in the byelaws but you may fall foul of the Railway Safety Act.

[Mark Gleeson]

SI 109 of 1984 is not used to prosecute fare evasion matters

Legally the position is you must pay the fare. The law requires you to present your ticket if challenged by an official

At that point a few things can happen, if you do not have a ticket

1. You are sold a ticket
2. You are fined
3. Court proceedings

Failure to pay the fine will result in court proceedings, so 2 and 3 are the effectively the same. Option 3 is rarely used as a first step.

The rules are applied such that if there was an ability to obtain a ticket before boarding at your starting station you must have a ticket. Failure to obtain a ticket where available is taken as evidence of 'intent to defraud' as you failed to pay.

You can certainly argue and will win if you need a ticket not sold by the TVM, given these are generally significantly more expensive than a normal single fare, e.g. Rail/Bus/Luas monthly ticket so its not a get out of jail route to dodge the fare.

[haddockman]

Now my father is a life long illiterate and is unable to use a TVM. He is afraid to travel on his own because of these threats of prosecution.

I take it a TVM has no audio guide on it to allow a person unable to read to use it?

I take it no such case has ever come before the courts?

[Thomas Ralph]

The law does not provide for an exception for someone who is unable or unwilling to use a TVM, although if someone has a recognized disability IÉ will probably play fair to avoid adverse publicity.