On Fare Dodgers and Public Transport

Events surrounding RS (Rīgas Satiksme) in general (not only regarding inspectors) create the impression of a peculiar environment where, for the sake of peace and quiet, senior management turns a blind eye to this and that conduct, which unambiguously fosters an imagined justifiable impunity.

It is interesting how some people create a pleasant impression of themselves, while others create an irritating one. Evidently Rīgas Satiksme director Leons Bemhens is one of the latter. Once such a feeling has arisen (with respect to a person or an institution as such), one quite intuitively seeks out information that would discredit this subject, thereby confirming and rationalising the feeling and satisfying one's own ego.

These reflections were prompted by the latest news that RS inspectors had mistreated a "fare dodger". Quite a different piece of news - that an RS employee carries a firearm and is ready to use it at any moment, etc. And so there arose the question: what motivation do RS inspectors have to behave this way? Whatever the answer - the inspectors' immersion in their role is admirable.

Events surrounding RS in general (not only regarding inspectors) create the impression of a peculiar environment where, for the sake of peace and quiet, senior management turns a blind eye to this and that conduct, which unambiguously fosters an imagined justifiable impunity.

What exactly do RS inspectors target?

a) Travelling without a ticket.
b) Travelling with an invalid ticket.
c) Carrying luggage that exceeds the specified dimensions.

Luggage. Under the amendments of 31 March 2009, point 2.5.4., one piece of hand luggage may be transported free of charge, the sum of whose dimensions (length, height, width) does not exceed 200 cm. If something larger must be carried - a single-journey luggage ticket must be purchased. It is forbidden to transport luggage whose total dimensions exceed 300 cm.

There are Riga City Council Regulations No. 10 "Regulations for the Use of Riga Public Transport (Tram, Trolleybus and Bus)" [1], which stipulate what may and may not be done.

True, there are also other prohibitions for which a fine can be imposed, of which I was neither aware nor had imagined. For example:

- riding on steps and other protruding parts of the vehicle;
- opening windows on the left side of the vehicle interior, leaning out of windows or doors;
- making noise, singing, playing musical instruments or using sound playback equipment;
- boarding and riding in the vehicle on roller skates;
- passing a travel ticket to another passenger for use on the said vehicle.

The amount of the fine is regulated by Articles 135, 136 and 137 of the Latvian Administrative Violations Code (LAVC). Respectively - for travelling without a ticket - a fine from 2 to 5 lats, for everything else - a fine of up to 15 lats.

Given that this is an administrative offence, then:
1. The fine receipt is to be considered an administrative act.
2. Offences do not accumulate :), although a legal provision exists that along with paying the fine, any excess baggage fee must also be paid. Meanwhile, for travelling without a ticket, Riga City Council Regulations (amendments of 31 March 2009), point 2.3., stipulate "Imposition of a fine does not exempt the passenger from purchasing a single-journey travel ticket", whereas Article 136 of the LAVC contains no such provision.

If the vehicle breaks down?

If an unexpected service interruption occurs on the route or if the vehicle cannot continue due to technical failure, the driver shall issue the passenger free of charge with a single-journey transfer ticket, provided the passenger can produce a valid single-journey travel ticket or a subscription ticket on which the relevant journey has been authorised. Passengers have the right to use the single-journey transfer ticket for one hour from its issue on any of the carrier's vehicles travelling in any direction.

It is notable that on the RS website I could not find either a description or an image of what a transfer ticket looks like..

So why the displeasure?

1. I don't quite understand - if this is already an administrative offence, why in the case of traffic police can you not pay immediately, but in the case of RS even payment on the spot is recommended (if one accepts the offence)?
2. The methodology for collecting fines.
3. The amount of the fine. The condition of up to 15 lats somehow makes me associate - if you have ID, then 15 lats, if not then 5 lats. This creates a principle of injustice, as different fines can be applied for identical offences under identical circumstances.
Generally interesting - would two "fare dodgers" who paid different fines create a legal precedent? :)
4. On the non-issuance of fine receipts. Usually it goes like this - pay five (or ten) lats and carry on. The other option - get off and then pay and receive a receipt in return. Such action, in my view, is to be interpreted as corruption (no administrative act is drawn up), committed with premeditation and in a group.
5. The principle of "extreme necessity" is not observed at all;
6. It seems strange to me - how can a person be subject to an administrative penalty without identifying their identity?
7. The inspector has the right to invite the "fare dodger" to voluntarily disembark from the vehicle. Forced disembarkation may only be carried out by a police officer (any police officer? A janitor, for example?). [5].

What next?

Next, amendments are planned [3], after the entry into force of which no administrative penalty will be applied, but only a contractual penalty, the amount of which will be determined by the carrier. This means that there will be no such concepts as "extreme necessity" (which in the case of the LAVC allows a penalty not to be applied), and also, most likely, that the fine can be paid later (on what basis then can it be recovered if the person refuses to sign?).

Looking at the current development (in inspectors' relations with "fare dodgers"), in my view, no improvements are to be expected.

P.S.
An interesting experience in Vienna, Austria. An inspector and two armed security guards board a public transport vehicle. Real tough types. I haven't had occasion to experience or see what "fare dodger" catching looks like there, so I cannot say what happens if a fare dodger refuses to get off. But it did look impressive.

[1] Regulations for the Use of Riga Public Transport (Tram, Trolleybus and Bus) - http://www.likumi.lv/doc.php?id=190901
[2] LAVC - http://www.likumi.lv/doc.php?id=89648
[3] Administrative penalties will no longer apply for travelling without a ticket - http://www.mk.gov.lv/lv/aktuali/zinas/2010gads/janvaris/050110-05-sm/
[4] RS FAQ - http://www.rigassatiksme.lv/?sadala=81
[5] Cabinet of Ministers Regulations No. 843. Procedure for the Provision and Use of Public Transport Services