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Have No Ticket - The Truth Behind the Fare Evasion Rules

Recently, Iarnród Éireann have got tough on fare evasion for the first time. A zero tolerance policy on fare evasion is to be welcomed, nothing worse that seeing someone skip paying the fare. It means more staff on the ground, it reduces the attractiveness of the railway to anti-social elements and probably most importantly it means passengers are no longer paying for the freeloaders.

If you can purchase a ticket you must

If you can purchase a ticket you must, it's the simplest and most accurate representation of the rules. The single most important piece of text is contained with the Iarnród Éireann bye-laws:

Where the Board gives notice that a station is unattended or the booking office is closed, or where any person is instructed by an authorised person to board a train at a station without purchasing a ticket at the booking office so as not to delay the departure of the train from the station, any person not in possession of a valid ticket entitling him or her to travel may enter a vehicle at that station for the purpose of travelling but that person must obtain a ticket or other authority from an authorised person on the train as soon as practicable after entering any vehicle or from an authorised person on arrival at the station to which such person is travelling by the train. SI 109 1984

Roughly translated its something like this, if you can get a ticket at the station you are boarding at you must. You must allow sufficient time to purchase a ticket. If the booking office is closed and the ticket vending machine (if provided) is unable to issue the ticket you want, you may travel without a ticket, provided that you purchase a ticket at the earliest opportunity. On most intercity services the ticket checker will issue you a ticket. If there is no one to sell you a ticket either on board or when you arrive at your destination, you travel for free as the obligation is on Iarnród Éireann to offer the ability to obtain a ticket.

The actual fixed penalty notice is set down in the Railway Safety Act 2005, Railway Safety Act 2005 (Fixed Payment Notice) Regulations 2006.

The fine is fixed at €100 payable within 21 days of the notice. Failure to pay or appeal successfully within the deadline results in a summons to the district court where a fine of up to €1000 may be applied. Remember the railway company is entitled to demand you pay the fare for the journey you made in addition to any fine.

What authority do staff have?

Both Veolia and Rail Procurement Agency (on Luas) Iarnród Éireann (all mainline rail services) staff have the right in law to challenge you for your ticket, it is an offence not to comply with the request. You must also give your name and address if requested.

Failure to give your name and/or address, or the giving of a false name and/or address is in itself an offence. Bear in mind there is extensive CCTV in place. If the official is of the opinion that you are providing false information they may seek your arrest and proceed directly to court proceedings without the penalty fare.

Travelling First Class for Free

If you find a first class coach or section on a train which is not listed as having such in the public timetable you may deem the coach to be declassified and open to all ticket holders. Passengers to Westport should particularly note this.

Going the wrong way to go the right way

Given the low frequency of service to some outer suburban destinations at times you can ended up going beyond your destination to get a train back which does call at your destination.

They say it's wrong, but still let you book!

So you would think therefore if Iarnród Éireann claim that going the wrong way to get home is not permitted, that you couldn't book a seat for such a journey, Well you can!

Say you miss the 18:40 to Thurles and want to get to Sallins, you could wait till 20:05, or you could get the 19:05 to Galway, and change at Newbridge. The IE website advertises this journey. It didn't stop an Iarnród Éireann official from calling the Gardai when a passenger attempted this and was obstructed.

So Rail Users Ireland went one further and managed to book and reserve a seat for this exact same journey, we made the journey and we paid the exact same fare €6.10 as a normal single fare. So here is our technical officer Mark Gleeson booked in seat A33 on the 19:05 to Galway.

So let's go to Monasterevin

Typically rail tickets are valid for the shortest route unless indicated otherwise. But if Iarnród Éireann have advertised the journey regardless of the route it is valid in the context of the Iarnród Éireann Conditions of Carriage. Section A 5 of Iarnród Éireann's Terms and Conditions of Travel state:

5.1 Except as specified in Appendix I of the regulations and conditions contained in the publications and notices of and applicable to Iarnród Éireann:
5.1.1 A ticket is valid for use only between the stations shown on the ticket and
5.1.2 Tickets which do not state a route are only valid only for the most direct journey

Monasterevin is a very poorly served station between Kildare and Portarlington so at times it can require some latteral thinking to get there.

Say you want to get from Heuston Station to Monasterevin sometime after 6pm. The only way is to get the 18:40 to Thurles, change at Portarlington and board the next Dublin bound train. A poor tourist wouldn't know the geography to realise what is going on.

But thankfully Iarnród Éireann, as you can see, give very clear notice of what we need to do, which we take to be a notice in line with A5.1 of the Terms and Conditions.

Last Updated: June 23 2010 10:02:31
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