The following is an article published by the State House News Service on 10/11/06: CITING MILLIONS OF DOLLARS IN LOST FARES, MBTA POLICE CHIEF BACKS EVASION BILL STATE HOUSE, BOSTON, OCT. 11, 2006.....Legislation that would give T employees the authority to fine fare evaders received mixed reviews today during a Committee on Transportation hearing, despite a claim by a top T police official that riders are avoiding "millions of dollars" in fares. Filed by one of the committee's chairmen, the measure would empower T employees, as well as MBTA Police, to stop patrons on suspicion of fare evasion, ask them for their identification and enforce the fare evasion law by charging violators $15 for a first offense, $100 for a second offense, and $250 for a third. Current fare evasion laws only allow police to enforce the payment of fares and present conflicting criminal and non-criminal provisions. Sen. Steven Baddour's bill clarifies that ducking fares would be a non-criminal offense. Transit Police Chief Joseph Carter testified in favor of the bill, claiming evaders cost the MBTA "millions of dollars a year." The transit system is implementing an automatic fare collection system on buses and subways to curb fare evasion, but more needs to be done, he said. "While we expect every rider to pay his or her fair share for the service the MBTA provides, the unfortunate historical reality is that a substantial number of passengers evade paying for their ride," said Carter. Carter also said that because the MBTA police force of 250 officers would not be able to monitor all of the hundreds of stations and stops in the state, it would be more effective to also allow T employees to enforce the law. "In short, the MBTA is a large system serving 175 cities and towns with numerous subway stations, bus stops and commuter rail stations. Broadening the definition of persons that can issue civil citations will expand MBTA authority to enforce collection and prevent fare evasion," said Carter. But MBTA Police Association President Michael Flanagan said he opposes giving T employees, other than officers, the authority to issue citations. He said transit employees do not go through the same level of training that law enforcement officers are required to go through to know how to deter violators. "This bill as it is presented, as it is drafted, raises more problems for the authority and creates unnecessary risks to public safety," said Flanagan. "If the law breakers become belligerent, many times physically, dealing with them requires more than issuing a citation."
Baddour (D-Methuen) asked Flanagan how he expected the police force to enforce the law given the size of the transit system. Flanagan said there is "a lot more broad coverage" of the commuter rail system now. Carter and Flanagan both pointed out a need for more specific language in the bill. Flanagan said the part that requires patrons to show identification needs more clarification and Carter suggested to make clear that failure to show identification would be considered an arrestable offense.
Committee on Transportation Chairman Joseph Wagner (D- Chicopee) asked Carter if T employees would have the authority to arrest people who fail to show identification and Carter said only police officers can arrest people. He said if there is a suspicious person who fails to show identification, employees can call the police.