Many public transport users will, at some point in their travelling experience, have a bad experience with ticket inspectors. This is an inherent feature of the de-staffed system in which unreliable technology and aggressive, confrontational enforcement is substituted for a consistent presence of customer service staff.

At the Scene

If you are involved in an incident which you believe might result in a fine (that is, if an inspector takes your details), it is a good idea to secure as much evidence as possible of what actually happened, immediately after the incident. In particular:

• Unless the inspectors take it, keep your ticket as evidence, whether you were able to validate it or not
• Record the numbers of any validators or ticket machines that might have contributed to the problem
• Try to get contact details of a witness (eg. someone who observed you trying to validate)
• Make a note, such as in your diary, of the incident
• Make any complaint about the inspectors conduct sooner rather than later
• If relevant, see a doctor and photograph any injuries

Also keep in mind that an observant witness can be most helpful if you see another passenger being treated unfairly. Just as you might one day need the help of a witness, try and note what you saw happen and offer your contact information to the other passenger. If you happen to be carrying a camera phone or similar, a photo of the non-functional ticket or validating machine will help.

If you feel confident doing so, it is OK to offer support to another passenger: just ensure you keep calm and polite and do not obstruct inspectors.

You might find after the event that the inspector has a different version of what happened, so securing the best evidence is vital.

Inspectors Behaving Badly

There are some inspectors who are quite unsuited by personality to an important and serious role such as this. Further, the training provided to inspectors, and the accountability mechanisms, are completely inadequate for the police-like powers inspectors wield.

While the conduct of inspectors is a separate issue to inappropriately issued fines, they usually arise from the same circumstances. Complaints about inspectors should be directed simultaneously to the Director of Public Transport (who is responsible for issuing their authority) and to the relevant transport operator. Give these bodies 2 - 3 weeks to respond: if you do not receive at least an initial acknowledgement of your complaint and a timeframe for a full response within this time, complain to the State Ombudsman (see below).

Fighting Fines

If you do receive a fine, don’t be alarmed. It’s quite common for these fines to be issued routinely and without regard to the particular circumstances, and you have a number of review options.

The first step is to write to the address provided detailing exactly what happened. Enclose copies of any records that you have kept (not the originals: you might need those for court). Also outline any other circumstances you think are relevant: including any process issues (for example, an infringement notice might not arrive for many months after the event, making it more difficult for a passenger to defend themselves). In most cases you will receive a reply from the Department of Transport (DoT), which will be a form letter denying your review request. Don’t be deterred; they usually haven’t read it.

Write to the DoT again: address the letter to the Director of Public Transport. Point out the inadequacies of the first response, enclose a copy of your first letter (recap the circumstances briefly), and ask them to revisit the matter and to respond to the specific circumstances.

If you still don’t get a resolution, see the next section.

Where to Take a Complaint

In our experience, complaints are not taken particularly seriously by operators or by the DoT, but to show good faith you should give them the opportunity to respond. You then have a few options for escalating the complaint:

Magistrate’s Court

This is an option, but be aware that it will waste a lot of your time. It’s a last resort only, and if you’re considering it, it’s a good idea to get some legal advice (try your local community legal centre, or the Consumer Action Law Centre). Try the better and cheaper options below first. That said, it’s worthwhile if you have the time and can’t afford the fine. If you made a genuine mistake (eg. misunderstood whether you were able to use a concession ticket), it’s even worth a try to plead guilty and ask a Magistrate for a less severe penalty: the fines are extremely harsh when compared with parking tickets and CityLink toll evasion fines.

Public Transport Ombudsman (www.ptovic.com.au)

The PTO has jurisdiction over issues like faulty ticket machines, but does not have jurisdiction over the conduct of inspectors or the issue of infringement notices. However, they are worth trying and might informally speak to the DoT on your behalf. Approaches from them are usually given better consideration than they are coming directly from passengers.

State Ombudsman (www.ombudsman.vic.gov.au)

The State Ombudsman has jurisdiction over all state government departments, including the DoT, and is the place to complain about inadequate (either in substance or timeliness!) responses to complaints from the DoT, and to escalate complaints about the conduct of inspectors.

Privacy Victoria (www.privacy.vic.gov.au)

In our view, the Privacy Commissioner ought to be concerned about various practices of inspectors (for example, the routine demands for and recording of personal information not authorised by the relevant legislation, such as dates of birth, drivers licence numbers and telephone numbers), and is the place to complain about such practices.

Your Local or Statewide Media

This will usually work best if you have good evidence of inspectors behaving badly - particularly photos or video footage - or if there is something unique about you: remember the man who physically couldn’t reach the coin slot?

Your Local State MP

We’ve kept your best complaint avenue for last. Every Victorian has three elected representatives in the State Parliament. These people are paid to listen to your concerns and sort out problems you experience with government officials: including ticket inspectors and the DoT. Go to see the MP: don’t just write to them, and don’t accept any excuses on their part for not helping you with the matter. In our experience, this has the highest success rate in having inappropriate infringement notices withdrawn.

Lower house state members / Upper house state members

Please note

This is a general guide that is intended to assist you in contesting an unfairly issued infringement notice. It is not a substitute for legal advice.

See also:

• Our joint pamphlet with the Consumer Action Law Centre.
• Consumer Action Law Centre fact sheet: Public transport fines