Article: Penalties wiped for 21,000 commuters

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Penalties wiped for 21,000 commuters

Penalties wiped for 21,000 commuters
Article from: Herald Sun

Ashley Gardiner

July 07, 2009 12:00am

EXCLUSIVE: MORE than 21,000 fines issued to train and tram commuters were withdrawn last year.

Figures show one in 10 of all public transport fines were thrown out.

The appeals are judged according to secret criteria, which the State Government refuses to disclose.

The high rate of successful appeals has raised questions about the strong-arm tactics of ticket inspectors amid claims they operate to secret quotas.

Half of all commuters who appealed had their fines quashed, according to figures seen by the Herald Sun.

Last year train and tram inspectors made more than 202,000 infringement reports.

Of the 39,059 appeals, 21,024 commuters had their fines wiped, costing the government about $4 million.

But commuters who were wrongly fined may not realise they were entitled to have the fine replaced by a warning.

The Department of Transport refused to say on what grounds fines could be successfully contested.

Under the Infringements Act, enforcement agencies may publish guidelines and policies about the use of official warnings.

The Victoria Police website tells motorists under what circumstances they can have a speeding fine withdrawn and replaced by an official warning.

It followed a 2006 report by the auditor-general calling on police and the Department of Justice to "communicate the availability of, and conditions for, official warnings more widely".

Nowhere on the Department of Transport website, or in the literature mailed to those fined, is there any mention of the availability of official warnings instead of fines.

Department spokeswoman Kirsten Harvey denied the information was less than forthcoming.

"People's rights to seek a review are fully detailed on infringement notices in accordance with legislative requirements," she said.

The department has guidelines, but it is not an exhaustive list of legitimate excuses.

"This document does not list all circumstances where leniency is afforded as each matter is considered on its merits," Ms Harvey said.

"(The department) has exercised the right available to it under the Infringements Act to not publish the guidelines."

Since July 1, fines for not having a ticket range from $172 for a first offence to $286 for third and subsequent offences.

Both Connex and Yarra Trams have denied their officers have quotas.

Opposition transport spokesman Terry Mulder said the guidelines for fines and warnings should be released.