                                 CODE OF VIRGINIA

FARE ENFORCEMENT INSPECTORS; FAILURE TO PRODUCE PROOF OF PAYMENT OF FARE;
PENALTY (§ 18.2-160.3)

A. For the purposes of this section, &#8220;eligible entity&#8221; means any
transit operation that is owned or operated directly or indirectly by a
political subdivision of the Commonwealth or any governmental entity established
by an interstate compact of which Virginia is a signatory.

B. Any eligible entity that either directly or by contract operates any form of
mass transit may appoint fare enforcement inspectors and establish the
qualifications required for their appointment. Fare enforcement inspectors shall
have the power to (i) request patrons at transit boarding locations or on
transit vehicles to show proof of payment of the applicable fare; (ii) inspect
the proof of payment for validity; (iii) issue a civil summons for violations
authorized by this section; (iv) assist with crowd control while on a transit
vehicle or at a transit boarding location; and (v) perform such other customer
service and safety duties as may be assigned by the eligible entity. The powers
of fare enforcement inspectors are limited to those powers enumerated in this
section, and fare enforcement inspectors are not required to be law-enforcement
officers. The powers of fare enforcement inspectors appointed pursuant to this
section shall be exercisable anywhere in the Commonwealth where the appointing
eligible entity operates transit service. Fare enforcement inspectors shall
report to the department or agency designated by the appointing eligible entity.

C. It shall be unlawful for any person to board or ride a transit operation
operated by an eligible entity when he fails or refuses to pay the applicable
fare or refuses to produce valid proof of payment of the fare upon request of a
fare enforcement inspector. Any person who violates this section shall be liable
for a civil penalty of not more than $100. Any person summoned for a violation
may make an appearance in person or in writing by mail to the department of
finance or the treasurer of the locality, or the designee of the department of
finance or the treasurer, where the violation occurred as specified on the
summons prior to the date fixed for trial in court. Any person so appearing may
enter a waiver of trial, admit liability, and pay the civil penalty established
for the violation charged. Such persons shall be informed of their right to
stand trial and that a signature to an admission of liability will have the same
force and effect as a judgment of court. If a person charged with a violation
does not elect to enter a waiver of trial and admit liability, the violation
shall be brought by the eligible entity or the locality in which the violation
occurred and tried as a civil case in the general district court in the same
manner and with the same right of appeal as provided for by law. In any trial
for a violation authorized by this section, it shall be the burden of the
eligible entity or locality in which the violation occurred to show the
liability of the violator by a preponderance of the evidence. The penalty for
failure to pay the established fare on transit properties covered by another
provision of law shall be governed by that provision and not by this section.

D. The governing bodies of counties, cities, and towns may adopt ordinances not
in conflict with the provisions of this section to appoint fare enforcement
inspectors and prescribe their duties in such counties, cities, and towns.

E. The penalty imposed by this section shall not apply to a law-enforcement
officer while he is engaged in the performance of his official duties.

HISTORY: 2014, cc. 281, 447; 2017, cc. 70, 548.