The Croydon Tramlink (Penalty Fares) Order 2003

Article 2(1)

SCHEDULE 1MODIFICATIONS OF SCHEDULE 17 TO THE GREATER LONDON AUTHORITY ACT 1999 IN ITS APPLICATION TO SERVICES ON TRAMLINK

1.—(1) Paragraph 1 shall be modified as follows.

(2) For sub-paragraph (1) there shall be substituted—

“(1) In this Schedule—

• “authorised person” means, in relation to any purpose, a person authorised for that purpose by the person providing the service;

• “the Company” means Tramtrack Croydon Limited;

• “compulsory ticket area” means a place (other than a tram) which, in accordance with byelaws under section 46 of the Croydon Tramlink Act 1994, passengers are not permitted to enter without a fare ticket or general travel authority;

• “fare ticket” means a ticket (including one issued by a third person) showing payment of a fare and authorising the person in respect of whom it is issued to make a single journey covered by that fare on a tram service, or to make that journey and a return journey (whether or not it also authorises him to make a journey on a service provided by a third person);

• “general travel authority” means any permit (including one issued by a third person), other than a fare ticket, authorising the person in respect of whom it is issued to travel on a tram service (whether or not it also authorises him to make a journey on a service provided by a third person);

• “penalty fare” means a penalty fare payable pursuant to paragraph 4 below;

• “person providing the service” means the Company or any person appointed by the Company to operate the service;

• “third person” means a person other than the person providing the service;

• “temporary replacement service” means a service for the carriage of passengers by road in place of a service by tram which has been temporarily interrupted or suspended;

• “tram” means any locomotive or other vehicle which is carried on flanged wheels and is constructed or adapted to travel on Tramlink and (except in the definition of temporary replacement service) includes a reference to any vehicle used in the provision of a temporary replacement service;

• “tram service” means a service provided by the Company, or a person authorised by the Company to provide the service, for the carriage of passengers by tram on Tramlink and accordingly includes a reference to a temporary replacement service;

• “Tramlink” has the meaning given by section 2(1) of the Croydon Tramlink Act 1994;

• “tramstop” means any platform from time to time designated by the Company for the collection or setting down of passengers by trams along the routes of Tramlink and includes any such platform at Wimbledon Station or Elmers End Station.”

(3) In sub-paragraph (2)—

(a)for “train service to which this Schedule applies” there shall be substituted “tram service”; and

(b)for “train forming” there shall be substituted “tram forming”.

(4) For sub-paragraph (3) there shall be substituted—

“(3) A person at a tramstop is not taken to be travelling on a tram service unless he came there by alighting from a tram.”

(5) For sub-paragraph (5) there shall be substituted—

“(5) For the purposes of sub-paragraph (4) above—

(a)a person who has entered a compulsory ticket area shall be taken to have made a journey for which the minimum fare is payable; and

(b)a person who is on a tram shall be taken to have made a journey ending at the next tramstop at which the tram is scheduled to stop.”

(6) In sub-paragraph (6) for “station” there shall be substituted “tramstop”.

(7) Sub-paragraphs (7) and (8) shall be omitted.

2.—(1) Paragraph 2 shall be modified as follows.

(2) In sub-paragraph (1), for “This Schedule applies to any local service or train service” there shall be substituted “For the purposes of paragraph 9(1) below, a service for the carriage of passengers by railway falls within this sub-paragraph if it is”.

(3) Sub-paragraphs (2) to (6) shall be omitted.

(4) The cross-heading accordingly becomes “The railway passenger services referred to in paragraph 9(1)”.

3.  Paragraph 3 shall be omitted.

4.—(1) Paragraph 4 shall be modified as follows.

(2) For “train” in each place occurring there shall be substituted “tram” and for “station” in each place occurring there shall be substituted “tramstop”.

(3) In sub-paragraph (2) the words “Subject to sub-paragraph (3) below,” shall be omitted.

(4) Sub-paragraph (3) shall be omitted.

(5) In sub-paragraph (4)—

(a)for “sub-paragraphs (2) or (3)” there shall be substituted “sub-paragraph (2)”;

(b)in paragraph (a) the words “or (in the case of a station controlled by a third person) a deferred authority” shall be omitted; and

(c)in paragraph (b) for “person in the uniform of the person” there shall be substituted “constable in uniform or an authorised person”.

(6) Sub-paragraph (5) shall be omitted.

(7) In sub-paragraphs (6) and (7), in each place occurring, “, 3(b)” shall be omitted.

(8) In sub-paragraph (8)(a)—

(a)for “, general travel authority or (where relevant) deferred fare authority” there shall be substituted “or general travel authority”; and

(b)the words “and also, if he started so to travel when he transferred from a train service provided by a third person, the time when and the station where he started to travel on that service” shall be omitted.

(9) The cross heading accordingly becomes “Penalty fares on trams”.

5.—(1) Paragraph 5 shall be modified as follows.

(2) For sub-paragraphs (1) and (2) there shall be substituted—

“(1) Subject to sub-paragraph (2) below, a penalty fare in respect of any journey on a tram service shall be—

(a)£15 if it is paid before the end of the period of 21 days following the day on which the journey is completed, or

(b)£25 in any other case,

and shall be payable to the person providing the service.

(2) The Mayor may by order prescribe that, in relation to journeys on tram services, the amount of the penalty fare in either or both of the cases set out in sub-paragraph (1) above shall be different (whether higher or lower).”

(3) In sub-paragraph (3) after “the Secretary of State” there shall be inserted “, the Company”.

6.  In paragraph 6(2) for “local service or train” there shall be substituted “tram”.

7.—(1) Paragraph 7 shall be modified as follows.

(2) In sub-paragraph (3)—

(a)for “Transport for London” there shall be substituted “the person providing the service”;

(b)the words “(4) or, as the case may be,” shall be omitted; and

(c)for “local service or train service in relation to which the penalty fares provisions have effect” there shall be substituted “tram service”.

(3) Sub-paragraph (4) shall be omitted.

(4) In sub-paragraph (5)—

(a)for “train” in both places occurring there shall be substituted “tram”; and

(b)for “station” there shall be substituted “tramstop”.

(5) In sub-paragraph (6)—

(a)the words “(4) or” shall be omitted; and

(b)the words “paragraph 3(1) or (2) above or, as the case may be,” shall be omitted.

8.  In paragraph 8(1)—

(a)the words “3 or” shall be omitted;

(b)for “a local service or any train journey” there shall be substituted “a tram service”; and

(c)for “paragraph 5(1)” there shall be substituted “paragraph 5(1)(a)”.

9.  In paragraph 10(2) for “Transport for London” in paragraphs (c) and (d) there shall in each case be substituted “the person providing the service”.