Today, the Victorian Ombudsman released a damning report into the issuing of infringement notices to public transport users on Melbourne’s trains, trams and buses. The report describes how Metro-employed ticket inspectors (or “Authorised Officers”) have been recorded assaulting passengers in the name of preventing or dealing with fare evasion.
Additionally, footage provided by the Ombudsman (see below) demonstrates the thuggish culture that many such ticket inspectors seem to inhabit.
Four ticket inspectors confront one alleged fare evader. This photographed exchange was entirely professional and courteous.
For most Melburnians, the brutality of ticket inspectors isn’t new. Such stories go back years.
I am not a regular commuter these days, but for many years I took the train to work every day. During that period, I saw several assaults committed by ticket inspectors, and have had my own share of verbal altercations with Authorised Officers.
In his report, the Ombudsman identified several issues with the recruitment of ticket inspectors, including the failure of Metro Trains to perform background checks prior to employing them. The Ombudsman wrote of the use of “excessive force” which “demonstrates that authorised officers and their managers are clearly not aware of the limitations on the appropriate use of their powers, or are ignoring them”. The Ombudsman has also revealed that some of the inspectors have criminal records.
As the following clip from ABC News Victoria shows, some ticket inspectors are clearly ill-suited to a job that requires patience, respect and integrity as per Section 221C, Part 1B of the Transport (Compliance and Miscellaneous) Act 1983.
Part of the problem with the ticket inspectors is that the Act actually gives some of these thugs as much power as the Victoria Police, but without the training.
Authorised Officers can imprison a person for refusing to provide a proof-of-identity or for refusing to speak without a ‘reasonable excuse’ (Sect 218B). The fundamental right to remain silent is extinguished on Melbourne’s public transport system, it seems.
Unlike the Victoria Police, the Authorised Officers are not employees of the State, but rather employees of the privately-owned transport companies which operate in Melbourne. They clearly have a conflict-of-interest to collect fines, rather than administer the law.
Under Section 221I of the Act, an officer must, if requested to do so, produce a valid identification card before demanding to see a ticket. I cannot tell you how often I have been insulted, ridiculed or questioned when I have made that simple request. Sometimes they will quickly flash a badge at me like a petulant child and I have had to remind them that they are required by law to show me their card, not a badge. I always make a point of reading their name.
In one case, a female ticket inspector simply bellowed at the top of her lungs “I think it’s clear to everyone else that I work for the tramways, can’t you see my uniform?”. Of course, I patiently reminded her that it is my right to demand an authorisation card from her. She then glared at me before thoroughly searching through her wallet to find it.
If nothing else, this simple right to know who is asking to see my ticket entitles me to know their name. This shifts the power balance considerably, and I urge any passenger to demand to see an officer’s card before showing their ticket. Unfortunately, most passengers are unaware that they have this right. The signs in the train explain the rights of the ticket inspectors, but not the rights of the travelling public.
Personally, I have nothing to fear from these people because I don’t fare-evade. Nevertheless, I have had occasional issues with rude inspectors.
On one occasion, I was asked by an Authorised Officer whether I had my concession entitlement card. Knowing what would happen next, I simply replied “No, I don’t”, which prompted the officer to pull out his ‘fines book’ and issue me with a fine. I then asked quietly whether I needed such a card if I was riding on a full fare. Suddenly, realising his mistake, he demanded to actually see the ticket which was, indeed, a valid full fare ticket. Red-faced, he cancelled the fine. This simple experience demonstrates how many of these officers operate; by targeting the young. He looked at my face, and made a decision without so much as actually looking at my ticket!
Time and time again, I have seen ticket inspectors walk into a railway carriage or tram and challenge teenagers or young adults first. They usually work in gangs of three, and corner individuals. Their body language is often confrontational.
Yet I have often seen the same inspectors, when confronted with an elderly woman who apparently ‘forgot to buy a ticket’, simply issue her with a verbal warning and facilitate the purchasing of a ticket, where an immediate fine would be issued to the youngster who committed the same offence. Such age-based discrimination is appalling, but commonplace.
I really believe that it’s time that the Department of Transport and the new State Government step back and consider what this is all about.
The maximum daily fare on Melbourne’s transport system is $10.60 for an adult travelling in Zones 1 and 2. That’s right, the very maximum a person can steal by fare-evading is $10.60. Is it really worth crash-tackling people, or assaulting them in other ways over such a small sum of money?
Of course I understand that Metro cannot just let everyone off over “a small sum of money”. And I know that they have to deter people from fare-evading so as to maximise their profitability. I understand that Metro don’t condone the behaviour displayed in the CCTV footage and I am sure they will do all in their power to prevent such issues recurring.
In terms of the bigger picture, there are other improvements that should be made. Ticket inspectors should be employees of the Department of Transport, to remove any conflict-of-interest. They also need to learn to be more courteous and professional, although I admit that improvements have been made in this regard. Finally, they need to administer the law equitably and fairly. Even grandma should pay her concession fare.
Hopefully the Ombudsman’s report will inspire the new Liberal-National coalition government to make corrective measures to improve the professionalism of ticket inspectors as part of their wider push to improve Melbourne’s public transport system.
It is beyond appalling. We send soldiers to defend democracy and look after the down trodden. We see street marchers on anything and everything. But we let the local government brutalise the people. Make no mistake about this – there are undesirables in the staff but it is the government that allows this to happen.
Why would you want to see their ID? Isn’t it clear that they are ticket checker type people? Isn’t that being provocative? Why put them offside deliberately? I use trams, trains and buses all the time and I just don’t get this at all. I have my valid ticket and I show it on request. The staff are always polite, often friendly. With interest I listen to their conversations when taking people’s details who don’t have a valid ticket. I can’t fault them on their behaviour. The only area I fault them on is sometimes seemingly letting people off and not reporting kids with feet on the seats or people standing in doorways when there is plenty of space inside whatever vehicle. I have overheard one checker who became exasperated with a deliberate fare evaded, but he still remained reasonable although clearly very annoyed. I just don’t get it.
A professional would have no objection to me asking for their authorisation card, and indeed the majority either show their cards without prompting or quickly make them available without fuss. I always exercise good manners, so a reasonable person would not see it as provocative.
I have seen otherwise respectable teenage girls sporting massive bruises on their arms as a result of an altercation with a thuggish ticket inspector.
In a civil society, no-one deserves to be beaten for even serious offences, let alone something as petty as evading a fare. We don’t tolerate police brutality, nor should we tolerate this. Violence of any kind is abhorrent.
Unquestionably, fair-evaders deserve to be fined because they are thieves. But that’s all they are; petty thieves. A fine will suffice.
I am completely in the agreement with you. I have been recently fined for an offence I didn’t know existed but that is beside the point. It was due to me crossing the safety gate, when a train was approaching.
What I am livid about is the fact that these officers used the death of a young girl at Berwick station as the reason that they were there to issue the fines. 10 of them stood and watched countless people apparently risk their lives and cross in front of an on coming train, rather than 1 officer stand on the other side and stop people from walking through.
I feel like the fact that they throw the death of this young girl in my face as them supposedly keeping me safe is disgusting. If they were there when the girl died, they would have done the exact same thing and just stood there and watched her die. Instead of trying to prevent her.
I even offered to pay the officer the $280 (that is how much the fine is)as along as he went and stood on the opposite side of the gate preventing people from going through. The officer said “not my job”
Oh and apparently all of Melbourne should know the 60 odd offences that they can charge you with. The officers told me the rules are much the same of drving a car and abiding by all the road rules. I wasn’t aware that there was some sort of course I could take just so I can take the train. I looked on the internet and couldn’t find on any site that explains all the rules associated with cathing the train or walking onto a platform.
This whole system is a joke! I spoke to the department of transport who was less than caring and balmed the officers conducted on the private company who employs them.
Like it or not, ignorance of the law is no defence. It has been thus for centuries, regardless of the law. Perhaps referral to the (rather long and tedious) Transport (Compliance and Miscellaneous) Act 1983 may be a good starting point?
In terms of offering to pay the officer the $280, you were very lucky because you could also have been charged with attempting to bribe a public official (a very serious offence, indeed).
Re the safety gate, doesn’t it close when the train is approaching? I am unsure why anyone would think it was legal to cross a closed safety gate any more than it was legal to travel through a red traffic light in a car or on a bike.
All of that said, I agree that prevention is a far better approach than fines, although it doesn’t raise any money (which seems to be a primary focus). I also agree that fining you has nothing whatsoever to do with the death of anyone else and it’s insensitive and unprofessional to raise such matters when administering the law.
I guess ultimately, one has to ask: Will you cross the railway gates when a train is approaching again? If not, then the fine has been worth it as far as the State Government is concerned.
Had a bad incident last night with inspectors, I jumped off the tram as I nearly missed my stop (it had just taken me over 1hr.15mins to get home due to 3 trams not turning up and I was in another world staring out the window and realise it was my stop, plus the tram was so packed you could not breath, I live directly opposite a tram stop) FYI my trip is generally a 15min drive. I heard a guy yelling at me telling me to stand still and turned around it was an inspector on the tram, the 4 of them got off and 2 of them rudely dealt with me I sat down at the stop with my bags and they told me to get off the seat and stand over here,–my ticket was not validated even though I did put it through the machine on the first tram I got on to (it was 2 tram trip). One of them laughed at me twice – when I asked him why he was laughing he did not answer or look directly at me. I asked them if they cold quickly process the issue as I need to see my sick mum and cook her dinner but they took there time, over 10-15mins. I am a 50 year old corporate lady who was treated like a criminal just for the fact that my ticket did not go through the machine correctly. I am more than happy to pay a fine but seriously $3.00 fare and I was dealt with more seriously than a hard core criminal. Who do these guys think they are. The inspector who took my driver dicense off me would not return it until I asked him twice– and yes I did end up speaking to them the way they spoke to me adding in a few choice words !!!!
The tram inspectors are nazi f***s, who get on a tram, like the gestapo, and hunt down innocent people. The treat these people like severe criminals, but they can’t even provide change on the ticket machines! The transport system is in a mess due to government incompetence so they turn the system into a mafia ruled entity!
I had an incident this morning actually, where I think I have encountered one of the worst inspectors and I am usually targeted being a young adult.
I was doing the wrong thing technically speaking as I purchased a monthly concession and my concession card has expired and I am no longer entitled to it. I don’t care about paying the fine however I was treated like the gum stuck to the bottom of their shoe. Destroy it and leave it on its way.
Two males and one female inspector surrounded me at the station due to not having a concession and were speaking to me in the most undermining way possible, they used terms like an idiot for purchasing said ticket if it was going to expire, they harassed me for more details they asked me to pull everything out of my bag etc. Being intimidated and already late I just did it as they threatened calling the police which will then take hours. I now wish I recorded the conversation… considering they record everything that I do
I now feel like I don’t even deserve the respect of any human being from everything that was said… In a result I was also 1 hour late for work as they took a very long time to issue said fine.