Fare evasion

Carriage by devious, known colloquially as " dodging " means, is when someone uses a public transport intentionally unjustified and has been generally deceptively surrounds with the impression that he fulfills the conditions required by the conditions of carriage of the operator's requirements. This is a criminal offense in many countries.

Germany

The carriage by devious ( SCC) is sanctioned in Germany according to § 265a of the Criminal Code. The official name for this is evading payment for services. In Germany, the proportion of black drivers is estimated to be 1.18 to 3.2 percent depending on the traffic network.

Austria

In the Austrian Criminal Code, § 149 exists ( fraudulently obtaining a performance ), which also includes the use of public transport without payment of the proposed fare and threatened with judicial punishment.

"§ 149 (1 ) Any person who surreptitiously transport by public transport serving prison or entry to a performance, exhibition or other event or to a facility by cheating on facts, without paying the fixed fee, is when the pay is low, be punished by imprisonment of up to one month or a fine of up to 60 daily. "

According to current legal opinions that act is only punishable by law when a conductor or any other present supervisor is deceived when boarding, so for example, not when using a schaffner loose tram train without a ticket. Anyone who tries on a check to come about through various pretexts out of the situation, but this could have a make of § 149 guilty. Also, the cost of a ticket in the long-distance transport could no longer be regarded as a " small fee ".

To close this loophole, " dodging " according to the Introductory Act to the Code of Administrative Procedure 2008 ( EGVG ), Article III, shall be punished by the authorities as administrative offense with a fine of up to 218 euros can (similar about the illegal parking ), provided that the § 149 Criminal Code is not applicable to the specific case.

" ( 1) Anyone who [ ... ] Second, the promotion gives except in cases of threatened with judicial penalty action by a public transport serving establishment without paying the fixed in accordance with tariff provisions and conditions of these facilities charge properly, [ ... ] commits [ ... ] an administrative offense and is by the district administrative authority for the area of a municipality, for the National Police Directorate is also the security authorities in the first instance, from this, to be punished by a fine of up to € 218 [ ... ]. [ ... ] (4 ) The offense under paragraph 1 Z 2 is no penalty if the offender when apprehended, although pays to prompt the fare and the fare rules or conditions of carriage about is the bonus immediately. This also applies if the offender the fare and the fare rules or conditions of carriage about is the bonus pay within three days unless he can authenticate itself to the payment request in the means of transport by a equipped with a photograph public document. "

If the outstanding fare and the more fees the transport company paid immediately or within a specified period of time, there is no indication to the administrative authority and the administrative penalty is not necessary.

If the fare and the additional fees are not or not timely paid, the transport undertaking can this demand on civil channels, and are just additionally imposed an official administrative penalty.

According to the Supreme Court ruling may ticket inspectors and other persons mandated by the transport services entities, such as private security, stop suspected fare dodgers, seeking a declaration of their identity by the police. Adequate stopping measures are justified by inspectors as self-help under § 344 Civil Code for this purpose.

Switzerland

In Switzerland, with Article 150 of the Criminal Code, a provision similar to § 265a StGB in Germany, which is fraudulent acquisition of a power offense.

Black and gray driver

The transport surreptitiously is often referred to as dodging.

In addition to the group of black drivers, the group of gray driver is discussed in professional circles. When gray driver in particular the people are considered which have a ticket, this in accordance with the conditions of carriage, however, is not a valid ticket. The assignment aims, in particular, that no deliberate action.

The "classic" gray driver is the tourist without local customer who has not purchased the correct ticket in ignorance of the fare rules or has not this or devalued wrong. Non-uniform tariff rules help that the gray driver believes to be in possession of a valid ticket.

The transport companies provide in the case of a lower fault usually grace and charge a low amount, or see the whole of a pursuit from.

The difficulty is to distinguish the gray from black driver. If someone, for example ortsunkundig and has his ticket therefore not canceled, because he is accustomed to these devalued to get out of the machine, or is this just an excuse to sneak the transport service? With the subsequent clarification of this issue between the passenger and freight operators have to deal arbitration bodies, such as the arbitration body for public transport (SOEP ) or the arbitration board transport NRW ( SNV ).