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| Re: Select Bus Service ticket... still confuse riders (303055) | |||
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Re: Select Bus Service ticket... still confuse riders |
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Posted by BusMgr on Thu Feb 26 19:22:52 2015, in response to Re: Select Bus Service ticket... still confuse riders, posted by BrooklynBus on Thu Feb 26 11:34:40 2015. It is correct to say that a person with an unlimited card has not engaged in fare evasion, when failing to tender that card to get a receipt, because that person has, in fact, paid the correct fare (that is, the $112 for 30 days usage). However, the NYCTA rule relating to fare evasion, 21 NYCRR § 1050.4(a), defines two separate violations. First, a person entering a conveyance without the payment of the fare (this being a traditional "fare evasion" violation). Second, a person entering a conveyance without "tender of other valid fare media used in accordance with any conditions and restrictions imposed by the Authority." Such conditions and restrictions are then specified in more detail in section V of the NYCTA tariff (which, unfortunately, NYCTA does not make readily available on its website), stating: "Passengers using Select Bus Service with off-board fare collection must pay or validate their fare and obtain a valid proof-of-payment receipt prior to boarding the Select Bus Service bus. So the violation would not be "fare evasion" but rather "failure to tender other valid fare media."It will be interesting to see what might happen should "select bus service" be offered by MTABC. The foregoing rules specifically state that they apply only to NYCTA and MaBSTOA service, as authorized by sections 1203-a(3) and 1204(5-a) of the Public Authorities Law. 21 NYCRR § 1050.1(a). Thus, unless new rules are authorized and adopted by MTABC, alleged violations have to be considered in light of the Penal Law (which applies to all railroad, subway, bus, air, taxi and other public transportation services throughout the state), rather than NYCTA and MaBSTOA rules. Under section 165.15(3) of the Penal Law, it is a class A misdemeanor--theft of services--for a person "[w]ith intent to obtain . . . bus . . . or any other public transportation service without payment of the lawful charge therefor, . . . he obtains or attempts to obtain such service . . . ." That is, the Penal Law only has the "fare evasion" provision, but no provision to that of the NYCTA and MaBSTOA rules relating to the tendering of fare media in accordance with imposed conditions and restrictions. |
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