6.—(1) Subject to paragraph (6), a person travelling by, present on, or leaving a train (in this regulation “the passenger”) must not be charged a penalty fare where either paragraph (2) or (3) applies.
(2) This paragraph applies if, at the time when, and at the station where, the passenger boarded the train—
(a)there were no facilities in operation for the sale of a travel ticket for that passenger’s journey;
(b)the requirements for the display of notices specified in regulation 8 were not satisfied;
(c)a notice was displayed indicating that the passenger was, or persons generally were, permitted to travel by or be present on the train without having a travel ticket; or
(d)the operator of the train or the station, or a person acting or purporting to act on behalf of the operator, indicated that the passenger was, or persons generally were, permitted to travel by or be present on the train without having a travel ticket.
(3) This paragraph applies if—
(a)the passenger has travelled on a preceding train;
(b)at the time when, and at the station where, the passenger boarded the first of the preceding trains, any of sub-paragraphs (a) to (d) of paragraph (2) applied; and
(c)at the time when, and at the station where, the passenger changed from any preceding train—
(i)any of sub-paragraphs (a) to (d) of paragraph (2) applied; or
(ii)the passenger did not have sufficient time between leaving one train and boarding the next to purchase a travel ticket.