New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXI - Metropolitan Transportation Authority › Subchapter D - Rules and Regulations Governing the Conduct and Safety of the Public › Part 1044 - Rules Governing The Conduct and Safety of the Public in the Use of the Facilities of the Mta Bus Company › Section 1044.15 - Public notice of the provisions of New York Penal Law section 165.16 (as added by chapter 57 of the Laws of 2005)

Current through Register Vol. 46, No. 28, July 10, 2024
The following notice of the provisions of New York Penal
					 Law is provided pursuant to part T, section 2 of chapter 57 of the Laws of
					 2005. New York Penal Law, section 165.16 states: Unauthorized sale of certain
					 transportation services.
1. A person is
				  guilty of unauthorized sale of certain transportation services when, with
				  intent to avoid payment by another person to the metropolitan transportation
				  authority, New York city transit authority or a subsidiary or affiliate of
				  either such authority of the lawful charge for transportation services on a
				  railroad, subway, bus or mass transit service operated by either such authority
				  or a subsidiary or affiliate thereof, he or she, in exchange for value, sells
				  access to such transportation services to such person, without authorization,
				  through the use of an unlimited farecard or doctored farecard. This section
				  shall apply only to such sales that occur in a transportation facility, as such
				  term is defined in subdivision two of section 240.00 of this chapter, operated
				  by such metropolitan transportation authority, New York city transit authority
				  or subsidiary or affiliate of such authority, when public notice of the
				  prohibitions of its section and the exemptions thereto appears on the face of
				  the farecard or is conspicuously posted in transportation facilities operated
				  by such metropolitan transportation authority, New York city transit authority
				  or such subsidiary or affiliate of such authority.
2. It shall be a defense to a prosecution
				  under this section that a person, firm, partnership, corporation, or
				  association:
(a) selling a farecard
				  containing value, other than a doctored farecard, relinquished all rights and
				  privileges thereto upon consummation of the sale; or
(b) sold access to transportation services
				  through the use of a farecard, other than a doctored farecard, when such sale
				  was made at the request of the purchaser as an accommodation to the purchaser
				  at a time when a farecard was not immediately available to the purchaser,
				  provided, however, that the seller lawfully acquired the farecard and did not,
				  by means of an unlawful act, contribute to the circumstances that caused the
				  purchaser to make such request.
(a)
				  For purposes of this section:
(1)
farecard
means a value-based, magnetically encoded card
				  containing stored monetary value from which a specified amount of value is
				  deducted as payment of a fare;
(2)
unlimited farecard
means a farecard that is time-based,
				  magnetically encoded and which permits entrance an unlimited number of times
				  into facilities and conveyances for a specified period of time; and
(3)
doctored farecard
means
				  a farecard that has been bent or manipulated or altered so as to facilitate a
				  person's access to transportation services, without paying the lawful charge.
				  Unauthorized sale of transportation services is a class B
				  misdemeanor.