The Public Transport Users Association does not condone fare evasion. Apart from being illegal, fare evasion helps starve the public transport system of desperately needed resources to the tune of up to $50 million per year.

However, we believe that the aggressive, confrontational enforcement strategy currently being pursued by Melbourne’s privatised public transport operators will not resolve the fare evasion problem and will drive passengers away from the system.

The people who don’t buy tickets

We believe that there are four basic types of passenger who may sometimes not pay their fare:

1. The Tryer
Many Victorians are currently being questioned, fined and arrested when they were unable to buy a ticket due to the notoriously unreliable ticketing system. These people are labelled fare evaders, criminals and cheats. The Metcard system has many well documented flaws and has been plagued by vandalism and frequent breakdowns. The private operators have taken the view that ticket machines are a benevolent gesture on which passengers are not entitled to rely, and have publicly stated that passengers who travel without a ticket where machines are not working are committing a crime. We believe that the law does not, and should not, support such a position.

2. The Protestor
Some passengers are waging an informal campaign of civil disobedience and refusing to buy or validate tickets. These people do this as a protest against the automation of ticketing and removal of customer service staff from the system, or the privatisation of public transport. The PTUA opposed these actions and can understand why these passengers are aggrieved. In our view this campaign would be defused by addressing these concerns (see the PTUA policies “Ticketing systems” and “Privatisation of public transport“). There is little point in appealing to passengers to do the right thing by the system if the system does not do the right thing by the passenger. The bullying being employed currently is more likely to intensify this campaign.

3. The Opportunist
Some passengers simply do not bother to buy tickets because it is difficult to do so and easy to fare evade. Others see fare evasion as a lottery - a game they play with the system. This can best be addressed by making it easy to purchase tickets and making it systematically difficult to avoid buying tickets. If the opportunist fare evader is intercepted by a staff member on all or most trips, they will soon give up and pay their fares. After all, if the staff member is ready and willing to sell them the ticket of their choice and accepts a range of payment methods, this deprives most people of any excuse to not pay.

4. The Hardcore Cheat
As in any city, there are some people who really are just cheating the system. We believe these constitute a small minority of those passengers who do not pay their fares. Obviously, things can be made more difficult for these people by restaffing the system and having a reliable ticketing system. Less aggressive enforcement should then eliminate most fare evasion.

Ticket inspector powers

The PTUA has been very concerned about the large number of complaints we have received about abuse of powers by ticket inspectors. While the establishment of the Public Transport Ombudsman and the investigative powers of the State Ombudsman may improve accountability, we do not believe it is appropriate for largely untrained ticket inspectors to exercise police-like powers of questioning, arrest and detention.

Compassionate enforcement

Some passengers simply make an honest mistake when travelling. A passenger might not understand the requirement to validate a ticket after purchase, might miss their stop and accidentally travel too far, or misunderstand their entitlement or otherwise to concession tickets.

The PTUA believes that the system must be forgiving of genuine mistakes and give passengers the benefit of the doubt. Passengers must be treated with respect if the operators want them to continue using the system. Even where a passenger has technically committed an offence, inspectors should be polite and reassuring when taking details. A system of warnings should be applied so that passengers who make a mistake are not fined. Fines are only appropriate for repeat offenders who are deliberately cheating the system. Obviously, a passenger who misunderstands the concession entitlements three days in a row would be under more suspicion!

The first response to a passenger without a ticket should be an invitation to buy one. Failing this, the passenger should be requested to leave the vehicle. Arrest should only be considered as a last resort where a passenger without a ticket refuses to leave the vehicle.

Updated: March 2007