Editorial Pro Bono: My MTA Select Bus Service Fare Evasion Case

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  1. I would like to tell you why I'm taking a fare evasion case pro bono. When the Select Bus Service came to my neighborhood in Queens, it took me weeks to understand how it worked and why anyone would want to move from an electronic to an unreliable paper fare system. Sadly there has been a reckless disregard for providing anything remotely resembling clear signs to explain the process. Today I witnessed an MTA transit officer terrorizing a Hispanic (English as Second Language) woman who simply wanted to pay for the bus but was confused by the incomplete and grossly inadequate MTA (Metropolitan Transportation Authority) implementation. She received a $100 summons for fare evasion, which will require her to take most of a work day off to have it dismissed in Brooklyn.

    What is the MTA Select Bus System?

    You may have no idea what the SBS is. A literal handful of New York City bus routes were designated as being the most popular and busy bus routes. Service would be improved by making the process of fare taking faster, especially during rush hour. As a result, the MTA decided to change these few bus lines (now called "Select Bus Service") and disable existing coin and metro card fare boxes - but which are still present and located next to the driver. The MTA spent tens of millions of dollars to put kiosks at these bus stops to sell single ride paper receipts, which are required to be obtained before one rides the Select Bus Service. Even if you have an unlimited metro card, you are still required to put your card in a machine and extract a paper receipt. As a result, SBS riders don't enter coins into the fare box or insert their Metro Card into the reader on the bus. They just get on the bus and are required to the show paper receipt to MTA transit officers when requested at random locations.

    New York City recently implemented the Q44 Select Bus System in Queens, to the massive confusion of local residents. At the bus stops, there isn't anything remotely resembling an explanation as to how the rules work and what you're supposed to do - which is why the MTA had workers providing assistance at these stops for many weeks after launch. The SBS kiosks may be located in excess of 20 feet from a bus stop sign or stop and appear virtually the same as standard Metro Card dispensary machines. The instructions state: "Get Ticket Here Before You Board Bus" without any further explanation. With cash only machines (photo below), there is practically no identification or explanation as to what the machine actually is on its face. And it appears strikingly similar to the ubiquitous parking ticket validation machines on the side of most city streets. I've received more information in an average Tweet or SMS message than from the MTA at the average SBS bus stop.

    If you're not already confused, SBS buses stop at the same bus stops as standard MTA buses - and standard MTA buses take cash and Metro Cards on the bus. Unless prior informed about how the SBS actually works, why would anyone believe that they would need a ticket if they have cash or a Metro Card? And what if you have a paper transfer from another MTA bus - and which is a ticket - but not the "ticket" which refers to an SBS ticket receipt? And what happens if you purchased or obtained an SBS ticket receipt but wish to ride the non-SBS bus which arrived first? None of these painfully obvious questions are explained anywhere - and even MTA transit agents aren't sure about the rules either.


    An MTA Transit Officer Terrorizes a Confused Passenger

    On Main Street, one of the busiest streets in Queens, three buses arrive at most bus stops - the Q44 Select Bus and the Q20A / Q20B. The latter two are standard city buses (the great majority of all MTA buses) which are equipped with a metro card reader and cash box for riders to use. They appear virtually the same as a Select Bus, with the exception being a sign on top of the windshield as you can see in the photo. They are virtually indistinguishable. The following photo is a standard Main Street bus stop. There is no sign or indication near the bus entrance front to suggest that the MTA bus requires anything other than a standard MTA issued Metro Card or exact change.


    A woman who rarely uses the bus and barely understands English entered the Q44 Select bus instead of the Q20, the former which requires a paper receipt and the latter the usual Metro Card or exact change. She thought the fare collection box was broken because it wouldn't accept her money (and there are usually signs that state that the box does not function.) When the bus stopped at a subsequent location, an MTA transit officer asked her for her receipt and escorted her off the bus. He demanded her ID. And when she didn't understand what was going on and comply immediately, he terrorized her with a threat to have her arrested and detained by the police (NYPD). She didn't know what to do so she called my family in fear for what was going on (my mother is a fluent Spanish speaker.) I arrived as quickly as I could.


    I asked the MTA transit officer what exactly was the problem, aware of the woman's integrity. With a huge grin on his face, he insisted to me that he can't tell who is truly confused, the woman speaks a perfect English (which is ridiculous) and that everybody knows how it works because the Q44 Select Bus Service has been running for several months. He wouldn't listen to logic and the obvious signs that this scared woman - who is unfamiliar with this bus system and has a poor command of the English language - was honestly confused and never intended to evade the fare. And with the ear to ear grin still on his face, the officer decided to issue a $100 summons to this poor woman, forcing her to take a full day off to travel to Brooklyn, explain the obvious and get it dismissed.

    Even MTA Employees Don't Know the SBS Bus Rules

    So what happens if you insert your Metro Card into the machine and get a paper ticket to ride the Q44 Select Bus Service and the Q20A or Q20B arrives? Do you need to use your Metro Card to purchase another fare to ride a bus along the same line like you did for countless years? Nobody knows for sure. According to this MTA officer, once you insert your Metro Card or cash to purchase a receipt for the Q44 SBS bus, you lose your privilege to take the Q20A or Q20B bus if it arrived. Yet every other MTA officer insisted that you could hand the paper receipt to drivers and they should honor the purchase - which they generally do. But none of the officers were sure if this was really required or just a courtesy. And there are no instructions at any bus stop regarding these basic, obvious issues that arise every hour on this bus route. And this is just the tip of the iceberg regarding the ineptitude surrounding the SBS bus system, which will be covered in a following article.

    Pro Bono - Taking on the MTA Select Bus System

    I was fortunate to flag a taxi cab in the neighborhood. I calmed down the woman who had earlier burst into tears. I put her in the cab and gave her money to pay for the fare, who was already late to pick up her son. And I also kept her transit summons, intending to fight her case pro bono at the Transit Adjudication Bureau in Brooklyn. On the bright side, an MTA supervisor who came over after the incident and who happened to be in the area. He was disappointed that he wasn't there at the time and was very understanding of the situation. But unfortunately once one bad apple decides to complete a fare evasion summons, any resolution of a misunderstanding is taken out of a supervising officer's control.

    I will be following up this article with news about whether there is a resolution to this problem. In addition, I will be covering a disturbing question of why $100 fare evasion summonses are reportedly issued to riders who have unlimited Metro Cards but may have forgotten to obtain a paper SBS receipt.

    • New York

    Michael Wechsler

    Michael Wechsler
    Michael M. Wechsler is an experienced attorney, founder of TheLaw.com, A. Research Scholar at Columbia Business School and of-counsel to Kaplan, Williams & Graffeo, LLC. He was also an SVP and chief Internet strategist at Zedge.net and legal consultant at Kroll Ontrack, a leading service e-discovery and computer forensics service provider.
    Krizia Fernando likes this.


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  1. DMAly
    Part 1 of 3

    Hello Mr.Wechsler,

    I read your article and I find it outrageous that your client lost even with the completely valid and convincing proof that there was a lack of communication by the MTA in informing her how to properly validate her metrocard. I completely agree with you that for people whose native language is not English and for people unfamiliar with the specific SBS NYC fare collection proof of payment system it is not only a discriminatory practice to fine these people $100 for "fare evasion" but also dishonest to do so for people who really didn't commit fare evasion but misunderstood their intentionally confusing signage. I agree that "Get ticket here" can be misunderstood that you can buy your ticket at those kiosks. If you already have your ticket what is the reason to seek those kiosks out if you believe that their purpose is to give people who have NOT yet purchased their ticket a chance to buy them. Many MANY people confuse "ticket" which on the SBS is supposed to be a paper receipt with "Metrocard" which is what people use EVERYWHERE ELSE. It is innerving for the MTA to continue to claim people are evading fares on their SBS routes when much of the time it is due to misunderstanding the fare media for boarding AND having NO INPUT from the bus driver.

    Part 1 of 3
  2. DMAly
    Part 2 of 3

    What happened to me is similar to the woman and some of the respondents here as well in that I boarded the bus without a receipt but I had already paid my fare on the subway and was transferring to the bus. I boarded in the front expecting to validate my transfer in the bus as I normally do but I did not realize you were supposed to pre-validate the "ticket," which I believed was my metrocard, outside. In other cities I have lived and where I have travelled, the signage is clear "VALIDATE YOUR TICKET" means even if you have paid it somewhere else insert it into a machine to validate the trip. "Get ticket here" is the dumbest way to confuse someone who already "Got" their ticket. Further a $100 fine punishment for not knowing how to validate your card when you can easily just do that at the next stop is a shady tactic that these Eagle teams are using to target innocent folks. I would not have gotten on the bus (or I would have asked for specifics) if I had not already paid the fare assuming then that the trip is on my card. Many native NYers even think (incorrectly) that if you have a metrocard with a transfer that the fare kiosk outside will not honor that and you must validate the metrocard inside/onboard the bus. In addition, many cities that implement this kind of system actually have their fare inspectors connected to a device that would be able to tell whether you've validated your ticket or not ---- why is NYC printing receipts unnecessarily and wasting money on paper, ink, and whatever goes into maintaining those machines?

    Part 2 of 3
  3. DMAly
    Part 3 of 3

    I've seen many people posting about how they got screwed over by these technicalities and if I were to go by technicalities I would (and I have) assert that the fare was already paid from the prior trip that would count this one as a free transfer. Unfortunately, the TAB ruled that I was still in violation and I am in the midst of an appeal which I doubt I will win due to the TAB's record history of never actually deciding in favor of the respondent. In that event I am prepared to take this further to a higher court.
    There is a case that was recently resolved (after three years!) for a woman whose issue was the same and the judge clearly saw how much the MTA and TAB was abusing their power in adjudicating their own fare evasion cases. Here is the case: Ward v. N.Y.C. Transit Auth. Transit Adjudication Bureau, 0206/2018 | Casetext

    I am sorry to rehash something I'm sure you've buried as far as court cases go but I feel strongly that the MTA is wrong in their actions when they fine innocent people, do not give them a chance to correct misunderstandings that they are partly responsible for creating, and had out $100 fines as if it's a simple traffic violation. A traffic ticket costs less than this absurdity. I have emailed the mayor, governor, MTA board, and the judicial clerk from that case above and I will go in for an appeal at TAB on 8/20/19 at 1:00 PM.

    Anyone who wants to speak out is welcome to join me. I cannot afford a lawyer so I am going to represent myself.

    Thank you

    Part 3 of 3
  4. Saami
    I have recently received a yellow summon to pay $100. I had gotten off another bus and unluckily took the sbs bus. I went to swipe in the bus but surprised to see no fare machine. I saw other passengers simply settling in so i followed. I got off at the very next stop and mta officer stopped to ask for ticket. I was summoned yo pay $100 fine. I told him that this is the first time i ever took this bus that it didnt have the fare machine inside but he ignored and wrote $100 ticket.
    I am finishing up college and i dont want any civil record. I am ok to pay the fine but dont want my record to show fare evasion. Is there a way to pay the fine but not get on a record. Are you taking any more pro bono cases? Thank you.
  5. tourista
    Same thing happened to me but in 2013. I was unable to appear in court because I had to return to my home country. The MTA has levied not only the $100 but interest charges as a penalty. Needless to say, the current balance is more than double. I no longer have the summons but I had the TAB clerk read out the term to me. Nowhere does it state what the interest fees are.
    1. Michael Wechsler
      The MTA will likely claim that you could have responded in mail (technically). But I have more information about the MTA failure to update signage, including on the day in question which is even years after your issue with the Select Bus Service.
      Michael Wechsler, Apr 3, 2019
  6. Randall McNeal
    I recently paid a fare at Columbus Circle to go to Chelsea Pier on W 23rd St. When I got off the #1 train at 23rd St., the SBS machine spit my card back out at me twice and would not give me its idiotic paper ticket for the valid transfer. I got on the bus anyway, I had paid my fare, and of course got nabbed by the SWAT team at 10th Ave for fare evasion for the $100 fine. I appealed, proved that I had paid the fare (from my MetroCard record) no more than 10-15 minutes before boarding the bus which proved that I had fulfilled my contractual obligation to pay the fare and was entitled to the transfer. Appeal denied, and forced to pay the $100. This is a scam of major proportions and, if the final appeal is denied, I am filing a civil suit against the MTA and the City of New York for breach of contract, fraud, and anything else I can think of. Any attorneys out there have an opinion about this? Thanks.
  7. Melissa A. Molfetas
    Where is the forum where we can continue this discussion? Is it worth investigating a class action against the city for the thousands of people affected by the city's poor SBS implementation?
  8. Lj_tang
    On Saturday I got on the bus and gave my card to the driver. He said I didn't need it so I got on. On Sunday I g here to take the bus so I got on and then the whole police thing happened. I had no idea I had to pay first because on the previous day the driver told me I didn't have to. It's there any chance I can appeal? 100, being a tourist, is too much to pay
  9. Efiguereo133
    I have receive a violation for fare evasion on. Select bus service. However, I had a receipt but wasn’t given enough time to present it to the transit officer, moreover it was a rainy day and seems like it was rush to just give me a violation. Moving on, I requested a hearing by mail and never receive a response and then receive a letter saying I had to pay $125 a $25 increase for failing to reply. I no longer have the yellow violation and failed to make copies of it sadly to say, must of been the stress from work. However, I do have a picture of the receipt stating that I did pay my fare. I’m I still liable for a dismissal.
    1. Efiguereo133
      Oh and I share this on Facebook for anyone who has trouble and needs some advice thanks for this great blog.
      Efiguereo133, Oct 30, 2017
  10. Guero Frijolero
    I forwarded your case about fare evasion to my Facebook page with a warning to my friends to make sure they get their receipt. My spouse is also Hispanic and just got a ticket for not taking the receipt on the return trip. I notice the ticket has an indication for Race and an H written in it. Also a space to social security number with a check mark in the box labeled "refused" He tells me the officer didn't ask for the SSN, so how can it be refused? Nor did he claim any racial identity.

    My thought is why is the MTA collecting racial information on fare violation tickets? Are Hispanics being profiled and targeted for these fines, because statistically they don't understand the signs? I don't understand the signs and I went to college. I had to watch other passengers in order to understand the system. I thought it interesting that German tourists were also fined.

    It seems like the MTA, in desperation for money, is after whatever it can get even at the cost of ridership and expanding a worthy program. Hardworking people and tourists are the life-blood of the economy in New York. Now there's another way to get screwed. I'm going to involve my city counsel member in this problem.
    Maybe a boycott of SBS service is called for.