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| Re: Court Fight Against MTA Summons Can Be A Mysterious Process (241622) | |||
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Re: Court Fight Against MTA Summons Can Be A Mysterious Process |
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Posted by BusMgr on Fri Aug 19 18:21:53 2011, in response to Re: Court Fight Against MTA Summons Can Be A Mysterious Process, posted by Terrapin Station on Fri Aug 19 17:24:53 2011. All that was written is present day; nothing "saved" from prior circumstances.As far as I know, TAB decisions are not reported anywhere. It was only recently that the ACLU won a suit permitting the public to attend TAB hearings. I don't know how one would research prior TAB decisions. In taking a quick look at reported Supreme Court opinions I saw nothing relevant. Especially since Select Bus Service is still relatively new, I don't know how prior cases were defended, decided, or how TAB would decide future cases . . . all I can do is speculate. That speculation is that the TAB would affirm the NoV, and the passenger would have to go to Supreme Court to have a real decision rendered. But who's going to take the time and effort over a $100 civil penalty? The information about "what to do" is not an adopted rule. However, it could very well be helpful to a defendant. It could very well be saying, in essence, that a person may tender a MetroCard to the bus operator (of course, the bus operator has no way to accept the tender offer, but that's another matter), and if a person does do so, that could very well be a defense based on the "tender" prong of the definitional rule. It would likely not preclude a defense based on the tendering of the MetroCard to the fare collection device (malfunctioning as it may be), and it would not preclude a defense based on the passenger having paid the lawful fare. But it would provide an additional defense avenue. Agreed entirely that systems ought to be in place that make fare collection and enforcement easy for both passengers and the Authority. But this is laziness on the part of the Authority, giving added credibility to the expression "good enough for government work" with respect to designing such systems and blaming the public for the Authority's own design failures. |
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