Your Public Transport Rights

1. About this leaflet

The Consumer Law Centre Victoria and the Public Transport Users Association, like most Victorians, do not condone fare evasion. Many Victorians, however, are currently being questioned, fined, detained or arrested in circumstances where they have not been able to purchase a valid ticket (or validate their pre-purchased ticket) due to the notoriously unreliable ticketing system. These people have been labelled fare evaders, criminals or cheats. Our organisations think that the ticketing system should be fixed before punitive measures are taken by private companies against the public.

You have heard a great deal about your obligations to privatised public transport companies. This leaflet is intended to tell you about your rights. We have also produced the leaflet because we are concerned about the large numbers of complaints that have been received by both organisations concerning allegations of abuse and excessive use of powers by Authorised Officers (often called ticket inspectors). The leaflet is intended as a general guide to assist you when you deal with ticket inspectors. It is NOT a substitute for legal advice. For legal advice, contact the Consumer Law Centre Victoria on 9629 6300.

2. Does the law allow people to travel on public transport without a valid ticket?

The law requires you to travel on public transport with a valid ticket. However, the law allows you to travel without a valid ticket if both before, and after your journey, you take “all reasonable steps” to purchase a ticket and you have “no reasonable opportunity” to purchase a ticket whilst making your journey.

We believe that the law supports the common sense position that if you would be forced to go to unreasonable lengths to purchase a ticket, or are denied an opportunity to purchase a ticket, you should not be fined. There is no definition of “all reasonable steps” or “no reasonable opportunity” in the relevant legislation. This is a question of fact and will depend on your particular circumstances.

Examples of circumstances where we believe it may be reasonable for passengers to travel without a valid ticket include:

• Where ticket machines are not working at the start of your journey and you are denied an opportunity to purchase a ticket during or after your journey;
• Where ticket machines are in exact fare mode and you do not have exact change;
• Where you have a pre-purchased ticket but the validators are not working, or your ticket is faulty and will not validate;
• Where an inspector approaches you while you are queuing to use the ticket machine having just got on a tram; and
• Where a tram is so crowded that you physically cannot get to the ticket machine or validator.

In these situations, for example, it is our view that you should not be fined.

3. What if the Inspector takes my ticket?

An inspector may take your ticket where, for example, you have failed to validate the ticket for your journey. The Inspector should offer you a “travel permit” to enable you to complete your trip. Unfortunately, you will then have to buy another ticket next time you travel. You can apply to have your ticket returned to you once the matter is finalised.

4. Giving your name and address

Inspectors have the power to request your name and address if they believe “on reasonable grounds” that you have committed, or are about to commit, an offence under the Transport Act. This may include travelling without a valid ticket. Inspectors can only make this request if they believe on reasonable grounds that you have committed or are about to commit an offence. The inspector must advise you of the grounds for their belief in enough detail to enable you to understand the nature of the offence or suspected offence.

If an inspector has requested your name and address you are entitled to ask them to state their name and place of duty and to produce their authority. You can ask for this information to be put in writing. The inspector must also produce, on request, their identity card, which must include a photograph and signature of the Inspector.

If an Inspector refuses to provide their name, place of duty and authority, or provides false information, they can be fined and you may wish to report the matter to the Director of Public Transport. If you refuse to provide your name and address, or you provide false information, in response to a request by an inspector, you may be charged with an offence and will be at risk of arrest.

5. Verification of name and address

On 12 June 2002, new legislation permitting inspectors and police officers to request a person to provide evidence of their name and address came into effect.

You can be asked to verify your details if the inspector believes on reasonable grounds that the name or address you have given them may be false.

We believe that under most circumstances, if you give your true name and address, an inspector will not have reasonable grounds to believe that it may be false and you should therefore not have to provide verifying information. As an illustration, it has been publicly stated that the reason verification power is needed is because, without the power, passengers might state their name is “Mickey Mouse”.

You must provide evidence of your name and address unless you have a reasonable excuse. You will not break this law unless the inspector tells you that it is an offence not to provide verification information.

6. Powers of Detention and Arrest

Inspectors may detain or arrest you without warrant if they believe on reasonable grounds that the detention or arrest is necessary, for example, to ensure your appearance before a court (usually because they believe you have given a false name).

Inspectors must use no more force than is reasonable in the circumstances to detain you. Again, what is “reasonable” will depend on the particular circumstances. Inspectors must pass you over to a police officer as soon as practicable.

7. Hindrance of inspectors

Inspectors will often threaten to charge passengers who attempt to support other passengers (eg, by offering to be a witness) with “hindering” them. It is our view that, provided you remain calm and polite, and do not prevent inspectors from doing their job, there is no basis for these threats.

8. If a machine takes your money or your ticket is faulty

If a malfunctioning machine takes your money and will not give you a ticket, we suggest you note the serial number of the machine and complete a refund form. You should also complete a refund form if your ticket is faulty. Forms are available from Premium Stations. You are entitled to either a refund or an exchange for faulty tickets under the Trade Practices Act.

9. If you are fined

If you believe you have been fined unreasonably, or that a ticket inspector has behaved inappropriately towards you or other passengers, we encourage you to complain. For further information, contact the Public Transport Users Association on 9650 7898. You may also seek free legal advice from the Consumer Law Centre on 9629 6300.

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The Public Transport Users Association is a voluntary, non-profit consumer and environmental organisation representing passengers on all forms of public transport. The PTUA operates principally on membership subscriptions and undertakes a range of lobbying and media campaigning for the improvement of public transport in Melbourne and Victoria. For further information, contact the PTUA on (03) 9650 7898.

The Consumer Law Centre Victoria Ltd is an independent, non-profit consumer advocacy and public interest organisation which operates a free legal service for consumers as well as undertaking research, policy development, education, lobbying and law reform activities. For further information, contact the Centre on (03) 9629 6300 or visit www.clcv.net.au.

The information in this leaflet is current as at 18 July 2002.