ASSEMBLY, No. 2231

STATE OF NEW JERSEY

INTRODUCED JUNE 27, 1996

By Assemblymen DeCROCE, DORIA and Assemblywoman Heck

An Act concerning use of public transportation service and supplementing P.L.1979, c.150 (C.27:25-1 et seq.).

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. As used in this act: 

    "Authorized employee" means an employee of a provider of public transportation service authorized by the provider of public transportation service to request and inspect proof of payment of the prescribed fare from persons using public transportation service.

    "Fare inspector" means an employee of the corporation, appointed pursuant to section 9 of this act, authorized to request and inspect proof of payment of the prescribed fare from persons using public transportation services where proof of payment is required, and to sign and issue a complaint and summons to any person for a violating the provisions of this act or the regulations adopted pursuant thereto, regardless of whether the public transportation service is operated by the corporation or by a public or private entity under contract to the corporation and shall include a transit or other police officer, or a conductor or trainman so authorized.

    "Pre-paid fare area" means an area designated by a provider of public transportation service where payment of the prescribed fare is required before entering the area.

    "Proof of payment" means a ticket, pass, receipt or other article designated by a provider of public transportation service to indicate that a passenger has paid for the use of public transportation service.

    "Provider of public transportation service" means the corporation or a public or private entity under contract to the corporation to provide public transportation service.

    "Use of public transportation" means the boarding, occupying, riding in, or otherwise utilizing public transportation service for conveyance.

    2. The use of a public transportation service by a person shall constitute an agreement by the person to pay the prescribed fare for the service. A person who has paid the prescribed fare for a public transportation service and who has been issued proof of payment therefor shall retain that proof of payment while in a pre-paid fare area or on designated public transportation facilities or vehicles.

    3. It shall be a violation of this act for any person to use or attempt to use a public transportation service or enter a pre-paid fare area and to: fail or refuse to pay the prescribed fare; evade or attempt to evade payment of the prescribed fare; or fail to display proof of fare payment immediately upon request of an authorized employee or fare inspector.

    4. A person who uses public transportation service for which payment is required in advance or who enters a pre-paid fare area and who fails to exhibit proof of payment upon request shall be in violation of this act and shall be subject to the issuance of a complaint and summons by a fare inspector.

    5. Notwithstanding any other provision of law or regulation to the contrary, this act shall apply to users of public transportation services who are juveniles as defined in subsection a. of section 3 of P.L.1982, c.77 (C.2A:4A-22a).

    6. A person subject to the issuance of a complaint and summons under this act shall cooperate in the issuance of the complaint and summons by providing his name and address, and as well as written verification thereof. It shall be a violation of this act for a person to fail to cooperate in the issuance of a summons including failure to provide his name and address and written verification thereof, or by providing a false name or address.

    7. The failure or refusal of a person served a complaint and summons to provide his name and address, or to provide written verification thereof or sign the citation shall subject the person to all other provisions and remedies provided by law or regulation, in addition to the penalties provided in this act.

    8. A complaint and summons issued for a violation of the provisions of this act or any of the rules or regulations adopted by the corporation shall be in a form prescribed and approved by the Administrative Director of the Courts and served pursuant to the Rules of the Supreme Court Governing the Courts of the State of New Jersey.

    9. a. The executive director of the corporation shall have the power and authority to appoint such number of fare inspectors as the director deems necessary and to administer to the fare inspectors an oath or affirmation faithfully to perform the duties of their offices.

    b. Fare inspectors are authorized to request and inspect proof of payment of the prescribed fare from persons using public transportation services where proof of payment is required, to sign and issue a complaint and summons to any person for a violating the provisions of this act or the regulations adopted by the corporation pursuant to this act, regardless of whether the public transportation service is operated by the corporation or by a public or private entity under contract to the corporation and to perform such other duties as the corporation may deem appropriate.

    c. Fare inspectors appointed pursuant to this section shall complete a course of training approved by the executive director appropriate to the duties required by this act.

    d. Nothing in this section shall be construed as derogating any of the powers provided by law or regulation for police officers, conductors, trainmen and other employees of a provider of public transportation services but the provisions of this act shall be in addition to any such powers.

    10. An authorized employee or fare inspector carrying out his duties pursuant to this act shall not be criminally or civilly liable for false arrest, false imprisonment, slander or unlawful detention unless such action is unreasonable under all of the circumstances.

    11. The corporation shall adopt rules and regulations, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to effectuate the purposes of this act. In any prosecution for violating any rule or regulation adopted by the corporation, copies of that regulation when authenticated under the seal of the corporation by its secretary or assistant secretary shall be evidence in like manner and equal effect as the original.

    12. A violation of the provisions of this act or any rules or regulations adopted pursuant to this act by the corporation shall be punishable by a fine not exceeding $500. Such a violation shall be tried in a summary manner and shall be within the jurisdiction of, and may be brought in, the Superior Court or any municipal court in the county where the offense was committed. The Rules of the Supreme Court Governing the Courts of the State of New Jersey shall govern the practice and procedure in such proceedings. Notwithstanding any other law to the contrary, 50% of any fine imposed in excess of court costs shall be paid directly to the corporation for use in furtherance of any of the purposes of this act.

    13. The provisions of this act shall not affect certificates issued pursuant to R.S.48:12-109 through R.S.48:12-116, inclusive, or any certificate or pass issued by the corporation providing for transportation of current or retired employees, notwithstanding that payment for such certificate or pass may not have been tendered.

    14. This act shall take effect immediately.

STATEMENT

    This bill would establish a specific statutory framework for dealing with the matter of fare evasion on public transportation services operated by, or under contract with, the New Jersey Transit Corporation (the corporation). Currently, the corporation relies upon the general theft of services provisions of Title 2C, the New Jersey Criminal Code.

    This bill would make it unlawful for any person using these public transportation services to fail or refuse to pay the prescribed fare, or to evade or attempt to evade payment of the prescribed fare. A passenger who has paid the prescribed fare is also required to retain proof of payment. If payment of the prescribed fare is required in advance of using a public transportation service, the bill makes it a violation for a person to enter a prepaid area or to use such a public transportation service without having previously paid the prescribed fare.

    Further, the bill makes it a violation if a person who enters a pre-paid area or travels on a public transportation service for which advance payment is required does not immediately exhibit proof of payment upon request.

    A person who violates the provisions of the bill or the regulations adopted pursuant to its provisions would be issued a complaint and summons by a fare inspector and would be subject to a penalty not exceeding $500.

    The bill authorizes the executive director of the corporation to appoint fare inspectors who would be employees of the corporation and would receive appropriate training pertaining to their duties.

    An employee, a fare inspector or a transit police officer carrying out his duty under this bill would not be civilly or criminally liable for false arrest, false imprisonment, slander or unlawful detention unless such action is unreasonable under all the circumstances.

    This bill will enable the corporation to better handle fare evasion on its current transportation systems, as well as on the proposed light rail line system where the payment of fares may be required in advance of entering or using the line.

Provides statutory framework for dealing with NJT fare evasion and proof of fare payment; provides penalties not exceeding $500 for violation of act.