PROOF OF PAYMENT ORDINANCE
The BART Board of Directors passed the proof of payment ordinance on October 26, 2017, to reduce fare evasion and address an estimated yearly $25 million in revenue losses. The ordinance took effect January 1, 2018, and states any person inside the paid area of BART is required to show a Clipper card or contactless bank card (if paying with Tap and Ride) with valid fare to a Fare Inspection Officer or Police Officer upon request. The ordinance also created administrative procedures for issuing civil assessment citations to juvenile fare evaders after state legislation excluded juveniles from being eligible to receive criminal infraction citations for fare evasion. Violations of the ordinance are infractions.
PROOF OF PAYMENT VIOLATION
Proof of payment violations occur when an individual is in the paid area of the system and is subject to a fare inspection by a Fare Inspection Officer (FIO) or when a Police Officer has reasonable suspicion to believe a person is engaged in criminal conduct. If a person is unable or unwilling to show valid proof of payment, they are in violation of the proof of payment ordinance and may be issued a citation.
Juveniles who do not have proof of payment in the paid area or on a train are subject to a civil administrative citation and may be assessed an administrative penalty not to exceed $60 or may be required to perform up to 8 hours of community service.
Adults who do not have proof of payment in the paid area or on a train are subject to the following penalties: Upon a first or second violation, within a 12-month period, this offense is punishable by a civil administrative citation with a fine of $120 or 8 hours of community service. Upon a third violation, within a 12-month period, this offense is punishable by a criminal infraction citation, issued by a police officer, with a fine not to exceed $250 and 48 hours of community service, plus court-imposed fees.
A Police Officer may also issue a criminal citation to any person who knowingly gives false information to a Police Officer or Fare Inspector engaged in the enforcement of this ordinance, or if the person otherwise obstructs the issuance of a proof of payment citation, including a refusal to show proof of payment when requested. Violators can be fined up to $250 and be required to perform 48 hours of community service, plus court imposed fees. Providing false information to a Police Officer may also be charged as a misdemeanor with fines of up to $1000 and 1 year in a county jail, plus court imposed fees.
FARE EVASION VIOLATION
Fare evasion violations occur when an individual is seen illegally entering or exiting the paid area. Fare evasion citations and arrests require a Police Officer or citizen witness the illegal entry / exit. When a person has been seen illegally entering or exiting the paid area, a Police Officer may detain the person for a fare evasion violation. A citizen witness would be required to complete a citizen’s arrest process by notifying the police, identifying the violator to a Police Officer and signing a document certifying the arrest. Citizen witnesses may also be required to testify in court in any action against the defendant. Citizens should not attempt to make any verbal or physical contact with any suspected fare evasion violators.
Adults who commit fare evasion may be charged with an infraction or a misdemeanor violation in compliance with California Penal Code 640(c)(1). Adults may be issued a criminal infraction citation punishable by fines not to exceed $250 and by community service of up to 48 hours on the first and second violations, plus court-imposed fees. On a third or subsequent violation, adults may be arrested for a misdemeanor, booked into a county jail, and may be punished with a fine of not more than $400, by imprisonment in a county jail of not more than 90 days, or by both fine and imprisonment, plus court-imposed fees.
Juveniles may not be charged with an infraction or misdemeanor violations of California Penal Code 640(c)(1), but they may be subject to removal from the BART system and issue a civil assessment penalty and required to perform community service.
Adults or juveniles who refuse to leave the BART system when requested may be arrested and charged with trespassing, a violation of California Penal Code 369i(b), with penalties including fines up to $1000 and / or imprisonment in a county jail for up to 1 year, plus court-imposed fees.
What are the penalties?
Civil citation fines are not to exceed $120 for adults and not to exceed $60 for juveniles. Community service options are available. Criminal infraction citation fines are not to exceed $250. Misdemeanor fare evasion arrests are punishable by fines not to exceed $400 and/or imprisonment in a county jail of not more than 90 days. Civil citation fines for Proof of Payment violations are established by the BART Board of Directors through BART Ordinance. California Penal Code infraction fines for fare evasion citations are established by the California Judicial Council. Court imposed fees may increase these fines, and penalties may be added when a person fails to respond to the citation in the time allotted.
Why require proof of payment?
The Board of Directors took the action of passing the ordinance as part of a multipronged approach to reducing fare evasion, which includes education, better barriers between the free and paid areas of stations and better data collection in addition to increased enforcement.
Legal Authority
Administrative citations for Proof of Payment and Juvenile Fare Evasion violations are issued under the authority of one or more of the following: BART Ordinance 2017-2, California Penal Code Section 640(g), California Public Utilities Code 99580.
Criminal Infraction and Misdemeanor fare evasion violations are issued under the authority of California Penal Code 640(c)(1).
Here is a copy of the Proof of Payment Ordinance passed by the BART Board of Directors: BART Ordinance 2017-2
Citation Options
Citation Payments
You have 28 days from the date of the citation to do one of the following:
Pay the Total Amount Due on line at www.CitationProcessingCenter.com
OR
Pay the Total Amount Due via Phone at 800-969-6158
OR
Pay the Total Amount Due by mail, via money order, cashier’s check or personal check payable to BART (cash payments may not be made via mail). Please indicate the citation number on the check. Mail this form and the Total Amount Due to:
BART Police
c/o Citation Processing Center
PO Box 7275
Newport Beach, CA 92658-7275
Community Service in Lieu of Paying the Total Amount Due
Request Community Service Documents on line at www.CitationProcessingCenter.com
Register to perform community service by completing and submitting the applicable form.
Forms may be submitted by mail to:
BART Police
c/o Citation Processing Center
PO Box 7275
Newport Beach, CA 92658-7275
How to Appeal the Citation
On line at www.CitationProcessingCenter.com
OR
Submit an appeal request to:
BART Police
c/o Citation Processing Center
PO Box 7275
Newport Beach, CA 92658-7275
Consequences of Failure to Comply
If payment, community service waiver or an administrative hearing request is not received within 28 calendar days of the issuance of the citation, an additional late fee of $20.00 will be added to the amount. The recipient will then have 28 additional days to do one of the following:
- Pay the fine plus the late fee within 28 days
- Perform community service in lieu of paying the fine and late fee.
Unpaid fines may be subject to collections and/or submission to the Franchise Tax Board.