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MetroCard transfer issue, violation

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I took a bus, paying $2.72 of $2.75 - all the money on the card. The bus driver didn't mention anything about it not being paid in full.

Apparently I owed three cents - I guess the bus driver decided to let it go. From what the customer service told, this means I didn't pay the full fare so didn't qualify for a transfer.

Transferring to a Select Bus Service, I put the Metrocard into the machine. It returned the card saying insufficient value. Unsure why it wasn't printing my transfer reciept, I got on the bus; got off at my stop and was stopped by inspectors. They gave me a violation "respondent was observed on SBS without valid proof of payment".

I arrived to New York three weeks ago from Australia, have taken the bus for six days (with transfers) and paid faithfully. On that day itself I paid - short three cents. The fine is to deter fare evaders and I don't evade the fare.

What can I do to avoid the fine?
 


Zigner

Senior Member, Non-Attorney
Transferring to a Select Bus Service, I put the Metrocard into the machine. It returned the card saying insufficient value. Unsure why it wasn't printing my transfer reciept, I got on the bus; got off at my stop and was stopped by inspectors. They gave me a violation "respondent was observed on SBS without valid proof of payment".
I'm really not sure how this is unclear. You knew that you didn't properly pay for your transfer, yet you boarded anyway. Pay the fine and be done with it.
 
I'm really not sure how this is unclear. You knew that you didn't properly pay for your transfer, yet you boarded anyway. Pay the fine and be done with it.
Hi Zigner,

When I boarded the first bus I knew the bus costed 2.75, wasn't sure why it accepted my card as full payment. I thought there might be an allowance of a few cents built in.

I was under the impression that it was considered paid like the days before. When transferring I believed it had already been paid, and wasn't sure why the card balance made a difference - I was using an available transfer. There was no intent to evade the fare or game the system. I had paid and was transferring, just unsure why it wasn't printing a ticket.

I am now better educated.

The violation is here to deter fare evasion. I can prove that I'm paying customer. Are there legal grounds to request dismissal? Can I appeal to the human side of the judge?
 

Zigner

Senior Member, Non-Attorney
Hi Zigner,

When I boarded the first bus I knew the bus costed 2.75, wasn't sure why it accepted my card as full payment. I thought there might be an allowance of a few cents built in.

I was under the impression that it was considered paid like the days before. When transferring I believed it had already been paid, and wasn't sure why the card balance made a difference - I was using an available transfer. There was no intent to evade the fare or game the system. I had paid and was transferring, just unsure why it wasn't printing a ticket.

I am now better educated.

The violation is here to deter fare evasion. I can prove that I'm paying customer. Are there legal grounds to request dismissal? Can I appeal to the human side of the judge?
I'm right there with you up until the point where you freely acknowledge that the machine ... wait, let me quote you: "... returned the card saying insufficient value." At that point, knowing that you hadn't paid for the transfer, and having no receipt for the transfer, decided to board anyway.
 

Just Blue

Senior Member
I took a bus, paying $2.72 of $2.75 - all the money on the card. The bus driver didn't mention anything about it not being paid in full.

Apparently I owed three cents - I guess the bus driver decided to let it go. From what the customer service told, this means I didn't pay the full fare so didn't qualify for a transfer.

Transferring to a Select Bus Service, I put the Metrocard into the machine. It returned the card saying insufficient value. Unsure why it wasn't printing my transfer reciept, I got on the bus; got off at my stop and was stopped by inspectors. They gave me a violation "respondent was observed on SBS without valid proof of payment".

I arrived to New York three weeks ago from Australia, have taken the bus for six days (with transfers) and paid faithfully. On that day itself I paid - short three cents. The fine is to deter fare evaders and I don't evade the fare.

What can I do to avoid the fine?
Welcome to the United States... ;)
 

Zigner

Senior Member, Non-Attorney
Just for some icing on the cake:
http://web.mta.info/nyct/rules/TransitAdjudicationBureau/rules.htm

Fare Evasion: $100 Fine
Individuals are not permitted to enter the New York City Transit subway system or buses without payment of the fare. This includes instances when your MetroCard is not functioning properly. (emphasis added)

In other words, even if you HAD enough funds and your card didn't work properly, you could have been cited for this.

In the end, you're going to end up paying the fine.
 

Just Blue

Senior Member
Just for some icing on the cake:
http://web.mta.info/nyct/rules/TransitAdjudicationBureau/rules.htm

Fare Evasion: $100 Fine
Individuals are not permitted to enter the New York City Transit subway system or buses without payment of the fare. This includes instances when your MetroCard is not functioning properly. (emphasis added)

In other words, even if you HAD enough funds and your card didn't work properly, you could have been cited for this.

In the end, you're going to end up paying the fine.
smh....over .03 cents. Oy.
 

Zigner

Senior Member, Non-Attorney
smh....over .03 cents. Oy.
This really isn't about 3¢, though. This is about that second bus ride where the OP got on the bus without paying anything at all. Once the card didn't work for the transfer, the OP should have added funds. Instead, the OP decided to get on the bus without paying.
 

Just Blue

Senior Member
This really isn't about 3¢, though. This is about that second bus ride where the OP got on the bus without paying anything at all. Once the card didn't work for the transfer, the OP should have added funds. Instead, the OP decided to get on the bus without paying.
Oh! I know..but in the end it .03 cents.
 
I'm right there with you up until the point where you freely acknowledge that the machine ... wait, let me quote you: "... returned the card saying insufficient value." At that point, knowing that you hadn't paid for the transfer, and having no receipt for the transfer, decided to board anyway.
Do you pay separately for a transfer or is the receipt merely a proof that you have paid and can legally board the bus?
This really isn't about 3¢, though. This is about that second bus ride where the OP got on the bus without paying anything at all. Once the card didn't work for the transfer, the OP should have added funds. Instead, the OP decided to get on the bus without paying.
When you pay for the bus you are paying for that bus ride and the ability to transfer to a different route within two hours.

So the real question is whether I paid for the first bus.

I didn't read the code of conduct before riding, so wasn't aware of the policy on MetroCard malfunction.

In my mind I had paid for a a bus and transfer to another bus. What was I supposed to do that the system wasn't working properly?

Hindsight is 20/20. I would've used a MetroCard with more balance had I known there wasn't enough. I could've used that card to cover the three cents and the transfer would've gone to the second card. That information was not in my mind, so I couldn't use it. The driver used his discretion to let me board and I appreciate that. He didn't tell me and I didn't know - this caused trouble in what I thought was a regular transfer.
 
Do bear in mind that there is no machine to add funds at SBS bus stops.

Back to the question: is there anything I can say or do to avoid paying the fine?
 

Zigner

Senior Member, Non-Attorney
Do you pay separately for a transfer or is the receipt merely a proof that you have paid and can legally board the bus?

When you pay for the bus you are paying for that bus ride and the ability to transfer to a different route within two hours.

So the real question is whether I paid for the first bus.

I didn't read the code of conduct before riding, so wasn't aware of the policy on MetroCard malfunction.

In my mind I had paid for a a bus and transfer to another bus. What was I supposed to do that the system wasn't working properly?

Hindsight is 20/20. I would've used a MetroCard with more balance had I known there wasn't enough. I could've used that card to cover the three cents and the transfer would've gone to the second card. That information was not in my mind, so I couldn't use it. The driver used his discretion to let me board and I appreciate that. He didn't tell me and I didn't know - this caused trouble in what I thought was a regular transfer.
The problem is that, when you swiped your card for the second ride, you were told that you didn't have sufficient funds and it didn't issue a transfer. You knew that something was wrong. The fact that you failed to read the rules is unfortunate, yet I understand. You're not going to get out of paying the fine.
 

FlyingRon

Senior Member
You have to pay for the select bus either with a metro case or with coins. At the kiosk. Prior to boarding. This is well publicized.
 

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