Proof of Payment policy is in effect

PROOF OF PAYMENT REQUIRED INSIDE FARE GATES & ONBOARD TRAINS STARTING JANUARY 1, 2018

The BART Board of Directors passed the proof of payment requirement on October 26, 2017, to crack down on fare evasion. The new ordinance took effect January 1, 2018. Any person inside the paid area of BART must be prepared to show a magnetic stripe ticket or Clipper card with valid fare. People who violate the ordinance will be issued a citation.
Juveniles who fail to show proof of payment in the paid area or on a train will be issued civil administrative citations for proof of payment violations. Adults who fail to show proof of payment in the paid area or on a train, upon a first or second violation within any 12-month period, will be issued a civil administrative citation.  A third violation by an adult within any 12-month period will result in a criminal citation, issued by a Police Officer.  
A Police Officer may also issue a criminal citation to any person who knowingly gives false information to a Police Officer or Fare Inspector engaged in the enforcement of this ordinance, or if the person otherwise obstructs the issuance of a proof of payment citation.

What are the penalties?
Civil citation fines are $75 for adults and $55 for minors. Community service options are available. 
Criminal citation fines are not to exceed $250.

Why require proof of payment?
The Board of Directors took the action of passing the ordinance as part of a multipronged approach to reducing fare evasion, which includes education, better barriers between the free and paid areas of stations and better data collection in addition to increased enforcement. BART estimates it loses $15 million to $25 million to fare evasion each year and fare cheaters erode the trust of honest, fare paying customers.

Legal Authority
Administrative citations for Proof of Payment violations are issued under the authority of one of more of the following: BART Ordinance 2017-2, California Penal Code Section 640(g), California Public Utilities Code 99580.
Here is a copy of the Proof of Payment Ordinance passed by the BART Board of Directors: BART Ordinance 2017-2

Citations
You have 28 days from the date of the citation to do one of the following:

1. Pay the Total Amount Due in person at the BART Police Department, 101 8th Street, Oakland, CA (adjacent to the Lake Merritt BART Station).  Payments may be made in person via cash, money order, cashier’s check or personal check payable to BART.  Please indicate the citation number on the check.  Payments may be made Monday through Friday, 8:00am to 5:00pm.  
                  
2. Pay the Total Amount Due by mail, via money order, cashier’s check or personal check payable to BART (cash payments may not be made via mail).  Please indicate the citation number on the check.  Mail this form and the Total Amount Due to: 
   BART Police 
   Proof of Payment Fines
   101 8th Street
   Oakland, CA 94607
    
3. Perform Community Service In Lieu of Paying the Total Amount Due 
   Register to perform community service by completing and submitting the applicable form.  Forms may be submitted in person or by mail to:
   BART Police 
   Community Service Registration
   101 8th Street
   Oakland, CA 94607
   
   Here are forms for community service registration and verification: 
   form for juveniles
   form for emancipated minors form for adults
4. Appeal the Citation 
   Complete and submit an appeal request form to:
   BART Police 
   Administrative Citation Appeal
   101 8th Street
   Oakland, CA 94607
   
   Here is an appeals request form: citation appeal request

Appeals process:
•    An appeal hearing may be scheduled.
•    The hearing officer will render a judgment and you will be informed of the finding.
•    If the appeal is denied by the BART Police Hearing Officer, you will be given instructions on how you may make a second appeal to the Court of jurisdiction.   

*All required forms may be downloaded from this webpage. Forms are also available at the BART Police Department, 101 8th Street, Oakland, CA (adjacent to the Lake Merritt BART Station).

Consequences of Failure to Comply
If payment, community service waiver or an administrative hearing request is not received within 28 calendar days of the issuance of the citation, an additional late fee of $20.00 will be added to the amount. The recipient will then have 28 additional days to do one of the following:

1. Pay the fine plus the late fee within 28 days.
2. Perform community service in lieu of paying the fine and late fee.

Unpaid fines may be subject to collections and/or submission to the Franchise Tax Board.