I got a ticket charging me with a violation while on the subway or bus in New York City. What do I do?
What are the rules of conduct for the MTA? How do I fight the ticket?
Answer
The MTA's website explains that a ticket issued for a violation of the MTA Rules of Conduct is called a notice of violation and is a civil, not a criminal charge. The MTA's website explains how to pay or contest the fine by an appearance before the Transit Adjudication Bureau.
Police patrolling the transit system have the power to arrest or issue criminal summonses to riders who violate the Penal Law or other state and municipal criminal statutes.
- Laws and Regulations on New York City Subway
- Penal Law 165.15(3) Theft of Services in the subway
- 21 NYCRR, Chap XXI Metropolitan Transportation Authority, Subchapter D Rules and Regulations Governing the Conduct and Safety of the Public, Part 1050
- MTA Rules of Conduct Microsoft Word - Rules of Conduct and Fines.docx (mta.info)
- Laws and Regulations on Metropolitan Commuter Transportation Authority
- Public Authorities Law, Art 5, Tit 11 Metropolitan Commuter Transportation Authority
- Laws and Regulations on Transit Adjudication Bureau
- Public Authorities Law, Art 5, Tit 9 New York City Transit Authority
- Public Authorities Law § 1204
- Public Authorities Law § 1209-a Transit Adjudication Bureau
- Public Authorities Law, Art 5, Tit 9 New York City Transit Authority
- Summons and Notices of Violation – Guidelines for Issuing
- NYCPD - Public Patrol Guide - 01/19/2024
- New York Patrol Guide Procedure Number 209-01 “To inform uniformed members of the service of various sections of law under which summonses/notices of violations may be served.” Includes Penal law and New York Code of Regulations Part 1050; Offenses Processed Oath, Transit Adjudication Bureau and NYC Criminal Court
- 209-04 Summons Return Date and Time
- 209-15 Transit Adjudication Bureau Notice of Violation and Hearing – Graphic
- 209-19 Transit Adjudication Bureau – Notice of Violation and Hearing Served or Prepared in Error
- 209-39 Personal Service of Transit Adjudication Bureau Notice of Violation (TAB/NOV) in Lieu of Arrest for a Qualified Individual [ reasoning for TAB or Penal Law charge]
- 212-19 To provide procedures for uniformed members of the service coming into contact with doges or other animals on the New York City Transit system or aboard New York City Transit buses Whenever a dog or other animal is observed on the system or the handler is NOT exempted as specified above
- NYCPD - Public Patrol Guide - 01/19/2024
- Administrative Hearings – Transit Adjudication Bureau
- Guidelines Governing Proceedings Before the Transit Adjudication Bureau: 54236 (mta.info)
- Part 1 – General Guidelines
- Part II – Pre-Hearing Procedures
- Part III – Hearings
- Part IV – Fines and Penalties
- Defaults
- § 3.7 Guidelines Governing Proceedings
- Administrative and Judicial Review
- § 3.6 Guidelines Governing Proceedings,
- Guidelines Governing Proceedings Before the Transit Adjudication Bureau: 54236 (mta.info)
- Judgments – Collection of Fines
- Publication of arrests, summons, hearings
- NYC Administrative Code 14-172 Online reporting of arrests and summonses for subway fare evasion
- The NYPD’s posts of Subway Fare Evasion Reports Reports - Subway Fare Evasion - NYPD (nyc.gov)
- Transit Authority Decisions infrequently published in City Land
- NYC Administrative Code 14-172 Online reporting of arrests and summonses for subway fare evasion
- Secondary Sources
- Treatises and Encyclopedias
- 3 Bender's New York Evidence § 143.05 (2023) Administrative Tribunals
- 1 New York Criminal and Civil Forfeitures § 7.15 (2023) Responses to Krimstock failure to pay violation can be result in New York State Tax refund garnished with nine percent interest.
- New York Jurisprudence, Rail Transportation
- 35B N.Y. Jur. 2d Criminal Law: Principles and Offenses § 1043 Theft of public transportation services
- § 15:12. Theft of services—Public transportation services, 6 N.Y. Prac., Criminal Law § 15:12 (4th ed.)
- Treatises and Encyclopedias
- Law Reviews
- Joseph Fan, Esq., The Illusion of Justice and the Disregard of Perjury: A Review of A Modern-Day Kangaroo Court, the Transit Adjudication Bureau (New York City Transit Authority/ New York City Metropolitan Transportation Authority Administrative Court, 29 Va J Soc Pol'y & L 231 [2022]
- Bowers, Josh, What If Nothing Works? On Crime Licenses, Recidivism, and Quality of Life (September 4, 2020). Virginia Law Review, Forthcoming 2021, Virginia Public Law and Legal Theory Research Paper No. 2020-64, Available at SSRN:
- Other Publications
- The Crime of Being Short $2.75: Policing Communities of Color at the Turnstile. | Community Service Society of New York (cssny.org) (Community Service Center receives OCA funds.)
Links & Files
- Consolidated Laws of New York Opens in new window
- 21 NYCRR, Chap XXI Metropolitan Transportation Authority, Subchapter D Rules and Regulations Governing the Conduct and Safety of the Public Opens in new window
- MTA Rules of Conduct Opens in new window
- MTA Transit Adjudication Bureau Opens in new window
- NYC Transit Authority Adjudication Bureau. Guidelines Governing Proceedings Before the Transit Adjudication Bureau. Opens in new window