Irish Rail takes close to €1m in fines

Irish Rail took in almost €1m in fines last year — issuing just under 10,000 fixed payment notices in the process.

The company confirmed it issued a total of 9,606 fixed payment notices (FPN) in 2015. The basic fine is €100, meaning the company took in some €960,000 just in fines. It also secured some 487 convictions through the District Courts under the Railway Safety Act 2005.

Most FPNs are issued for fare evasion. However, they can also be issued for failing or refusing to give a name or address to an authorised officer or giving a name or address which is false or misleading.

An FPN can also be issued for trespass on a railway, unlawful use of an emergency cord or other system of communication between passengers and train drivers, and failure to shut and fasten gates of level crossings or passage. Breach of CIE bye-laws can be prosecuted in the District Court.

In relation to fare evasion, if a passenger is caught without a ticket and wish to avoid a court appearance, possible criminal conviction and a raft of legal costs, they must pay a fine of €100 plus the unpaid fare within 21 days. If the fine goes unpaid in this period, a summons is issued.

Irish Rail spokesman Barry Kenny said that while the majority of fines are for €100, if there was consistent misuse of certain ticket types such as season tickets, further fines above and beyond the basic charge can be issued.

Mr Kenny also took issue with some consumer commentary which has claimed that it is not an offence to be on a train without a ticket, but rather an offence to be on a train without a ticket with the intent of avoiding the fare.

He pointed out that there is a separate section of the Railway Safety Act which is used specifically to address fare evasion and that this is rarely highlighted.

“Fare evasion is a criminal offence,” said Mr Kenny. “Passengers must purchase a valid ticket for the journey they are making before getting on any train. If a person does not have a valid ticket or validated Leap/Smart card when asked to produce their ticket, they can be prosecuted in the District Court under the Railway Safety Act 2005 Section 132(2)(a) for ‘failure to comply with a request to deliver up a valid ticket’.

“The only occasions we may have prosecuted under 132(3)(a) ‘travels or attempts to travel on a railway of a railway undertaking without having previously paid his or her fare, and with intent to avoid such payment’ is in the case of using another person’s DSP Free Travel Card/Pass.”