The BART Board of Directors tonight adopted two ordinances implementing a proof of payment requirement within BART paid areas and trains. Proof of payment means that a passenger must present a valid ticket or Clipper card anywhere within the paid area of the system upon request by authorized BART personnel.
The laws go into effect January 1, 2018, with a one-month grace period in which warnings will be issued in lieu of citations for first time violations.
The Board actions are part of an overall fare evasion control strategy that includes fortifying the system against fare evaders, increased enforcement and technological improvements. BART conservatively estimates that fare evaders cheat the system out of $15 million to $25 million every year. This is particularly significant because 74.4% of BART’s $578.8 million operating revenue comes from fare-paying passengers.
The first ordinance addresses proof of payment requirements for all passengers:
Beginning January 1st, BART police officers and community service officers will perform proof of payment inspections within the paid area of stations and on board trains.
The ordinance authorizes police to issue a civil administrative citation for a first or second violation within a year. Civil citation fines will be $75 for adults and $55 for minors. There is a community service option for all minors. Adults whose household income is at or below 250% of the Federal Poverty Guideline will also be eligible for the community service option.
Juveniles will only receive civil administrative citations for a proof of payment violation.
A criminal infraction citation can be issued to adults who have received two or more civil citations within the 12 months. Criminal citation fines are not to exceed $250.
The second ordinance establishes a civil administrative fine with a community service option for minors who fare evade, which is either entering or exiting without processing fare media.