53.—(1) A public transport official who believes on reasonable grounds that an individual —
(a)
who is travelling or attempting to travel or has travelled on a bus that is part of a bus service provided by a public bus operator; or
(b)
who is travelling or is attempting to travel (including entering a paid area within any railway premises) or has travelled on a train that is part of a train service provided by a licensed rapid transit system,
is evading or has evaded payment of the fare lawfully required of the individual’s use of the bus or train (as the case may be) may, by notice, offer the individual concerned an opportunity to pay a penalty fee of the prescribed amount.
[31/2015]
(2) Every offer of an opportunity to pay a penalty fee is subject to directions given by the Council under section 51(5).
[31/2015]
(3) An individual who is given an offer by a public transport official of an opportunity to pay a penalty fee under subsection (1) may, within the prescribed period and in accordance with the prescribed procedure, appeal to the Council to hear such appeal against the offer.
[31/2015]
(4) On receiving an appeal under subsection (3), the Council, or an officer designated by the Council to hear the appeal, may —
(a)
confirm the offer by the public transport official, and vary the time within which the penalty fee must be paid; or
(b)
cancel the offer by the public transport official the making of which is, in the opinion of the Council or officer, not equitable,
and every decision on appeal is final.
[31/2015]
(5) An individual who is offered by a public transport official an opportunity to pay a penalty fee may accept the offer by paying the penalty fee, or by arranging for another person to pay the penalty fee —
(a)
to a person directed by the public transport official and authorised by the Council to receive payments of penalty fees; or
(b)
to the Council itself,
in the manner and within the time determined by the Council or under subsection (4)(a) if an appeal under subsection (3) is made.
[20/2019]
(6) An offer of an opportunity to pay a penalty fee is withdrawn if the penalty fee is not paid within the time referred to in subsection (5).
[31/2015]
(7) On receiving payment of the penalty fee under subsection (5), the Council must give or cause to be given to the individual a receipt acknowledging that payment.
[31/2015; 20/2019]
(8) An individual who pays (by himself or herself or by arrangement with another) a penalty fee in accordance with subsection (5) cannot be prosecuted for an offence under section 54 or offered composition under section 67.