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  • Reform Yourself in dealing with our Public Transport System
  • 12/09/2014 Make a Comment (2)
  • Contributed by: Sammy_T ( 2 articles in 2014 )
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This article is in response to the frequent injustice people have been experiencing from our Public Transport System (PTS), especially since the inception of the MYKI card system.

Both PTS passengers and investors are unhappy with the unfairness, inefficiency and abuse surrounding the Myki system, and to put it simply, have had enough.

Whilst it is obvious why investors aren't happy as profits plummet, in this article we concern ourselves with a positive wholesome remedy for the passengers - the life blood that the PTS must serve, not harm, abuse or fine.

First, some issues:


  1. Should people be forced to pay far more than is reasonably fair and just, especially for those on low incomes, facing hardship and financial difficulties?

  2. Should people be denied food and shelter due to being forced to pay high fares, fines and poorer service?

  3. People cannot pay and some now don't want to pay in protest for a variety of reasons;

  4. Where are the friendly train/tram conductors of yesteryear who assisted the public?

  5. Why have the PTS hierarchy and ticket inspectors crossed the line from being a respected authority that serves the people to one of causing harm without compassion or lenience indicative of authoritarian power structures?

  6. Why should people and passengers be placed in states of mental anguish including fear, stress, anxiety and panic attacks just to name a few?

  7. Why are holding cells now placed on our station platforms, indicative of interrogation camps in Nazi Germany in the 1930s and 1940s against the wishes of the people?

  8. Why are people are being fined huge and disproportionate amounts for the most trivial matters, causing people stress, financial hardship and mental health issues?

  9. Why then when people are unjustly fined, they are further discriminated against and disadvantaged when they lack the capacity or health to write legal letters, or argue their case in a Magistrates or County Court to dismiss such blemishes against their corporate name?

  10. Why are people appearing on their own behalf confronted with court processes often complex and confusing, thwarting a reasonable expectation of fairness and access to lawful justice? Why do courts not always exercise their judicial independence as per the Separation of Powers doctrine, as invariably a conflict of interest clearly exists between two or more crown corporations, namely the court and some defacto government department, like the Department of Transport or Victorian Police?

  11. Why also do Ministers, the Secretary, key political figures or court employees appear to lack the desire/power to intervene and nullify any such unlawful fines, when requested? So why are Summary offences that are clearly unlawful, waste numerous resources and suck vital energy and life force out of ordinary people?

    the living daylights as these positions don't really work for the people, they work for themselves, investors and the business side of town.

  12. Fear mongering and scare tactics from media propaganda showing ticket officers switching from uniforms to plain clothes;

In other words, many people don't want to pay overpriced fares nor be subjected to the rigours of inhumane attacks by the PTS or their agents, and why should they be?

So how then does the normal lay man, woman and child in the street who barely has two pennies to rub together for a warm meal, clothes and shelter combat these difficult times?

The below remedy is but one approach you may wish to incorporate in your dealings with the PTS and it's agents. It is merely opinion of the author, for informational purposes and not to be construed as legal advice, as that would constitute fraud, and I don't wish to dishonour myself by dealing in legal fiction.

Remedy


First, we must understand the Law is here to serve and protect when we stay in honour. Secondly, we must adopt and fall in line with the Laws that govern our existence.

One such law and our friend is contract law - the basis of man made law.

So essentially when it comes to our PTS we can either contract in two ways or not contract.

A) Contract with a MYKI card -

  1. You are not an entirely free living soul as you have given some of your authority and power away through your consent to contract;

  2. Whilst you paid for the Myki card ($3-6), the card remains the property of the PTS. By relying upon it subjects you to certain terms and conditions that bind you like a chain;

    By relying upon the Myki card:


  3. You have given your authority away by consenting to duties and obligations of performance you may not be aware of, limiting your rights, if not negating them altogether;

  4. You are deemed to be contracting with the PTS/transport company, bound by the terms of their unilateral contract to be enforced by statutory provisions from Acts and Regulations, effectively giving the PTS and their agents certain legal enforcement powers over you;

  5. You pay excessive charges for travelling, albeit these charges are uncertain and void any contract;

  6. For the slightest slip up of forgetting your Myki card, concession card, not having it topped up, not touching on correctly or picking your nose at the wrong time, you are subjected to:
    a) excessive fees and penalties;
    b) ticket officer authority over you including abuse;
    c) court processes and charges translating into a wasteful use of time and energy, undue worry, headaches and stress;

B) Contract without a MYKI card -

  1. You are a free living flesh and blood man; the ultimate authority with all unalienable rights in tact having no MYKI contract;

  2. When and if a ticket officer asks for your ticket, simply say "Do I need one?" (Wherever possible, answer a question with a question. Remember, they are there to serve you, not the other way round.)

  3. When the ticket officer says "Yes", simply Offer to pay for your travel;

  4. The ticket officer can choose to either Accept or Refuse your Offer;

  5. If he/she Accepts your Offer to pay, then simply negotiate an amount [consideration] depending upon what you believe is fair and reasonable for your travel based on what you can afford. This maybe a token of 10¢, 20¢, 50¢ or $1.00;

  6. Once the verbal agreement is made, reinforced by an exchange of money for a receipt, you have now finalised the contract, and you remain in honour, no fear, no shame, no fines, no headaches and no courts;

  7. Now, if the ticket officer Refuses to accept your Offer to pay, which is highly probable, the matter should still be finalised, and the officer should move away from you;

  8. However, if the ticket officer then lunges into a standard training routine of saying "you have committed an offense under section 9(2) of the Transport (Ticketing) Regulations 2006, you have fare evaded, broken the law, you can be arrested, [threats and ..blah..blah..blah], and then requests your name and address etc, simply assert you have not committed any offence and have offered to pay;

  9. Request he provide in writing his full name and badge number[ID], his supervisor's full name and contact details (incl. mobile);

  10. If he hasn't let it drop by this time and walked away, ring the Supervisor advising the officer is unlawful and want to report his misconduct. Say no more than you have Offered to pay the fare but the officer has refused your money and is now assaulting you. That should be the end of it, else they are digging themselves into a deeper hole;

  11. Now if the ticket officer wants to take it to another level, [understanding there are all types of people in these jobs], simply be confident in your the position you have taken, ignore him and walk away if you can, as if it was some stranger menacing you. First opportunity you get, report the whole incident to the Department of Transport and other Authorities of your choosing;

  12. If they touch you or try and restrain you, remember and record everything for your day in court and a damages claim against the officer/s and PTS;

Happy Contracting!!!



    By:Mick from vic, aust on July 6, 2015 @ 9:51 pm
    Reform ourselves...I like it. Just as Gandhi put it...be the change we want to see in the world.
    By:terrym from vic, aust on September 23, 2014 @ 7:02 am
    neat approach...very nice

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