Q8. Under what conditions would a passenger be levied a surcharge?
Surcharge means such amount, not exceeding an amount equal to 50 times the maximum adult single fare at the time the surcharge is to be paid, as may be specified in the conditions of issue: see By-law 2 of the Mass Transit Railway By-laws (Cap. 556B).
The following provisions provide for the circumstances under which a surcharge may be laid against any person :-
- Travel where ticket is lost, damaged or expired
Under By-law 15 of the Mass Transit Railway By-laws (Cap. 556B), where a person (other than a person who is under the age of 3 years) within the paid area –
- without a ticket;
- with a ticket which is invalid for travel in the carriage or compartment of the train in which the ticket holder is travelling, and in the case of a passenger travelling in the first class compartment, with a smart card which has not had the authorization code for first class travel encoded on it by an automatic processing device immediately prior to the ticket holder entering a first class compartment, with a smart card which has not had the authorization code for first class travel encoded in it by an automatic processing device immediately prior to the ticket holder entering a first class compartment;
- with a ticket improperly damaged, altered or interfered with or whose coded data has been improperly altered, erased or damaged either wholly or in part;
- with a ticket that has expired; or
- with a concessionary ticket when he does not meet any of the conditions upon which the ticket is issued,
he shall be regarded as not having paid his fare and shall be liable to both to pay a surcharge and to deliver up his ticket (if any) to an official.
- Handling in of tickets
A passenger within the paid area or within the railway premises after having immediately gained exit from the paid area must produce any ticket for checking, inspection or verification at any time upon demand by any official: see By-law 17(2) of the Mass Transit Railway By-laws (Cap. 556B).
Any person who contravenes By-law 17(2) shall be regarded as not having paid his fare and shall be liable to pay a surcharge: see By-law 17(3) of the Mass Transit Railway By-laws (Cap. 556B).