The Victorian government has announced it will abolish on-the-spot penalties for fare evasion after its public transport ombudsman found punishments were poorly targeted and disproportionate.
The ombudsman has been besieged by complaints since the Myki system replaced the Metcard system in 2012, prompting the state government to order an investigation.
In the 2014-15 financial year, it received 1,214 complaints about infringement notices and penalty fares, an increase of 43% on the previous year.
“Without appropriate use of discretion, the drift net catches large numbers of unsuspecting tourists, students and numerous other ‘one-off’ evaders, many of whom are left baffled, distressed and almost invariably poorer,” the ombudsman, Deborah Glass, said on Thursday.
The most controversial aspect of the system was the on-the-spot fines for fare evasion. Passengers travelling without a valid Myki can pay an on-the-spot penalty of $75. If they fail to do so, they are issued with a $223 infringement notice.
Passengers have complained they feel compelled to pay the smaller fine because of a fear of receiving the larger one, even if they believed they had been wrongfully fined and might have otherwise contested the penalty. By paying the smaller fine, they lose their right to contest.
Ticket inspectors have also been accused of bullying commuters and of being intimidating. Some people have alleged inspectors have used standover tactics to get people to pay.
Adding to the problem is that Myki card-readers on trams often fail to detect valid Myki cards, and the cards can be faulty. If the machine fails to read the card, a Myki inspector can issue a fine to a commuter for failing to “tap on”.
The system prompted Victorians to establish a Facebook page to alert commuters to the presence of the inspectors, and to support people with concerns.
The high-profile human rights barrister Julian Burnside has offered his support to those who feel they have been unjustly fined or treated poorly by inspectors.
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