New Caltrain policy to halt fare evaders

On Thursday, the tri-county rail agency’s Board of Directors will hear from staff about a proposal to possibly shift enforcement from solely criminal to including an administrative option. The change could alleviate the burden on the court system and free up time for conductors by providing a quicker electronic ticketing system. The administrative option would reduce the amount of the penalty and has the potential to generate revenue for Caltrain by enabling the transit agency to retain the fines instead of the money being kept in court, according to a staff report.

Caltrain currently operates on an honor-based approach as it has no barriers or gates to validate tickets prior to passengers hopping aboard. Instead, conductors are tasked with approaching passengers to ask for proof of payment. Conductors and transit police have discretion over whether to issue a citation or warning to those without tickets. The citations are then processed through the San Mateo, Santa Clara or San Francisco counties’ courts depending on where the tickets were issued. The $300 fines are difficult to collect and go to the courts instead of back to Caltrain, according to the report.

The proposed changes would take Caltrain fare evaders out of criminal court, and instead create an administrative process whereby the transit agency issues the tickets and collects the fines. The penalties would be reduced to $75, which can increase with a $25 late payment fee and $30 fee should it go to collections, according to the report.

The ability for Caltrain to retain the fines and recoup some of its costs were provided by recent state legislation signed by Gov. Jerry Brown.

This week’s discussion is a preliminary review of the proposed changes that would including retaining use of criminal citations for repeat offenders, said spokeswoman Tasha Bartholomew. In 2016, about 2,100 people were issued warnings or tickets for fare evasion, she said.

“The proposed policy will incorporate technology with an electronic violation system to aid conductors in issuing notices to Caltrain patrons. The new system will resolve clerical errors and provide heightened safety for both conductors and Caltrain patrons due to the space and time constraint,” Bartholomew said in an email. “This system allows for conductors to be more efficient, which then maximizes their time to provide visibility and customer service to Caltrain patrons.”

Instead of the current discretionary system, conductors would issue tickets to anyone caught without a ticket and ideally reduce the number of those trying to hitch a free ride. Over the last fiscal year, conductors have also faced an average of 15 “unruly” passengers every month with some reports of physical assaults, she said.

“By identifying and penalizing fare evaders on Caltrain, it reduces the amount of incidents of assaults on conductors and provides a safer commuter rail to the public. The proposed policy will create a standardized ‘zero-tolerance’ approach to fare evasion. Greater enforcement will allow Caltrain to recoup money that is being lost to fare evasion,” Bartholomew said.

Repeat offenders can be issued criminal citations by transit police, be ejected from the train and possibly banned from Caltrain for 90 days, according to the report.

Staff will also ask the board to consider paying for a third-party processing system that can issue tickets, lease hand-held ticketing machines, retain records and provide a platform for review as well as appeals, according to the report.

Plus, because Caltrain operates in three counties with different court systems, having the ability to issue administrative tickets could streamline the current criminal-based process and ease confusion, Bartholomew explained. It’s also preferred by the courts as it will reduce congestion through the legal system, according to the report.

“The current policy presents many challenges to Caltrain patrons with varying court procedures and penalties depending on jurisdiction. The proposed policy will create a standardized electronic issuance procedure for conductors and minimize confusion for Caltrain passengers,” Bartholomew said.

Passengers will still have options to protest an administrative ticket through an administrative hearing as well as appeals to Superior Court, according to Caltrain.

The Caltrain board meets Thursday starting 10 a.m. at the SamTrans Administrative Offices, 1250 San Carlos Ave., San Carlos. Visit caltrain.com for more information.

samantha@smdailyjournal.com

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Twitter: @samantha_weigel