Re: CityRail on-time plan slipping

["Rod Speed" <rod_speed@yahoo.com>]

Ivan Smith <ivsmith11@hotmail.nospam.com> wrote in message
news:tTbu6.15296$992.99115@news-server.bigpond.net.au...
> Dave Proctor <daproc@spambait.ozemail.com.au> wrote
>> Ivan Smith <ivsmith11@nospam.hotmail.com> wrote

>>> Well after discussions with a solicitor, I'm going to have to plead guilty.

He's right basically.

>>> I'm not happy about this:

Doesnt change the law.

>>> The ticketing machine at Wooloware station had a texta written
>>> message stuck over the note input saying "No Notes accepted".
>>> I was buying my weekly as I always do, allowing 5 minutes
>>> before the train arrived

If you dont allow enough time to allow for problems with buying your
ticket before the train shows up, basically thats your legal problem.

The law says 'without reasonable excuse' and thats you.

>>> and I had no desire to put $19.80 worth of coin into
>>> said machine, even if it would accept all of the coins.

>>> This day, the train turned up right on the button and I
>>> was in the line behind several senior citizens at the Station
>>> Masters window. I boarded the train with no ticket thinking
>>> I could get off at Sutherland and buy it there instead.

> (Which is technically an offence under
> The Rail Safety Act 1993, and amendments)

No 'technically' about it, the law covers your situation very explicitly indeed.

It says

    RAIL SAFETY ACT 1993 - SECT 79A
    79A Offence of failure to pay fares on railway

    (1) In this section, train means a train operated by the State Rail Authority,
    a light rail vehicle operated on a light rail system (within the meaning of
    the Transport Administration Act 1988) by the operator of that
    system or any other train of a class prescribed by the regulations.

    (2) A person who does any of the following is guilty of an offence:

   (a)  without reasonable excuse, travels or attempts to travel
         on a train without previously having paid the fare,

Thats you.

   (b)  travels or attempts to travel on a train without previously having
        paid the fare and fails, without reasonable excuse to pay the fare on
        demand made by an officer authorised in that regard by the operator of
        the train system,

   (c)  knowingly and without reasonable excuse, fails to leave a train on
        arriving at the point to which he or she has paid the fare,

   (d)  knowingly and without reasonable excuse, travels or attempts to travel
        on a train in a carriage of a class to which the person's ticket does
        not apply,

   (e)  uses a travel pass to travel or attempt to travel on a train, knowing
        that he or she is not entitled to use the pass or that the pass is no
        longer valid.

    Maximum penalty: 5 penalty units.

    (3) It is not a defence to a prosecution under
         subsection (2) (a) for a person to prove:

   (a)  that the time taken or likely to have been taken in payment
        of the fare before travelling or attempting to travel on the train
        would or may have caused the person to have been unable
        to so travel or attempt to travel, or

Thats you right there. You were able to buy the ticket at the station
master's window, you just didnt allow yourself enough time to do that.

   (b)  that the person intended to pay the fare while travelling or on
        arriving at a particular place,

    but it is a defence to such a prosecution if the person proves:

   (c)  that it appeared to the person, after reasonable investigation,
        that no facilities were available at the station or stop at which the
        person got on or attempted to get on the train to enable him or her
        to pay the fare before getting on or attempting to get on the train, or

That wasnt your situation.

   (d)  that the person:

   (i)  had arrived at that station or stop within such period of time
        before getting on or attempting to get on the train as would,
        in the circumstances ordinarily existing at that time of the day
        and on that day of the week, have enabled the person to have
        paid the fare before getting on or attempting to get on the train,

5 mins doesnt qualify.

        and (ii) diligently took all steps reasonably necessary
        to pay the fare, but that the person was unable, due to
        circumstances beyond his or her control, to pay the  fare.

>>> I was nabbed at the northern exit by a ticket inspector to whom
>>> I said "I've got last weeks weekly here, can I go through and buy
>>> this weeks?", He said " Show me your ticket Sir". I said " I just
>>> told you I'm travelling on last weeks and need one for this week.
>>> I've got the money, look, (opened my wallet) and I'm not out to
>>> rip you off". He said "Show me that ticket Sir".

>>> I showed it to him and I said " I couldn't buy a ticket at Wolloware
>>> because the machine wasn't accepting notes, and I couldn't get to
>>> the ticketing window, otherwise I would have a ticket to show you.".

>>> Next thing I know he's writing out a ticket,

Hardly surprising given thats an obvious way to
do deliberate fare evasion, have that story ready
when you get caught travelling without a ticket.

If they bought that line, everyone would be using it when caught.

>>> asks for my DOB (got it wrong in spite of me clearly speaking
>>> it slowly for him - technically the summons isn't mine).

Thats wrong. There is no requirement for it to be perfect, particularly
when that would mean that anyone could deliberately give the wrong DOB.

> (or is it?)

Yep, fraid so.

>>> I told him I'd fight it in court because I had been trapped by their system.

You hadnt, you chose to cut it that fine that there was no margin for a problem.

>>> He gave me the ticket and then watched as I purchased
>>> a weekly from the machine not 2 metres away.

Doesnt prove anything about what you would
have done if you hadnt been caught, legally.

>>> As it stands now I have to plead guilty to avoid a long a laborious
>>> battle in the lower courts and costs I just can't afford to prove my point.

You've got buckleys with the law written that explicitly.

>>> The Station Master at Wolloware has no records
>>> of machine failure for that day and has no recollection
>>> of late November 2000 when it happened.

It isnt relevant anyway when the ticket window was available.

>>> Considering my stance on late arrival and payment etc...
>>> I don't have much of a leg to stand on,

No leg at all in fact.

>>> by my own admission, as it's my word against the SRA employees,

It aint just that, the law says very clearly that not allowing yourself
enough time to purchase the ticket before you travel isnt a valid defense.

>>> and there are two of them, and so on advice, I'm going to
>>> plead guilty and apply for special dispensation/circumstance.

No such 'circumstance' exists.

>>> It's not fair

The law aint about whats fair, its about what the law specifys.

>>> and I've been trapped by the Rail Safety Act
>>> 1993 and it's myriad of confusing amendments.

Oh bullshit. You cant get any clearer than that section.

>>> This particular legislation is one of the worst
>>> acts I've ever seen (Ex S.A. Policeman),

Not on clarity it aint. Anyone can understand what its saying, its
a lot clearer on that question of that defence than you usually see,
saying very clearly that that doesnt qualify as 'reasonable excuse'

>>> and I'm sure given enough funding and gumption
>>> I could get up a case against them on this issue,

You are always welcome to 'get up' any 'case' you like,
but with the law that explicit on not leaving yourself enough
time to purchase the ticket at what you admit was the open
ticket window, serving customers, you've got buckleys.

>>> but I'm not in that position right now.

Just as well, you'd just be pissing even more money against the wall.

>>> I've spoken to a few others who have been caught this way too.
>>> I can't believe all of them but there is evidentially a precedent
>>> here that needs investigation further by someone other than the SRA.

Nope, not with the law obviously deliberately written that explicitly.

>>> I just can't get over the fact that Wolloware master
>>> has no recollection or log of that ticket machine.

Its irrelevant anyway. It would only be relevant if there was not open
ticket window for you to buy the ticket at. You admit thats not the case.

>>> He could be lying of course, but to what end??? Suspicious if you ask me.

Paranoia.

>>> My word against the SRA will not cut it, even in a Magistrates Court.

Its completely irrelevant with the law written that explicitly.