The apf recommends contacting the respective company in writing as soon as possible.
Is it possible to appeal against fines?
If a passenger is not carrying a ticket or is carrying an invalid ticket , or is in breach of other company regulations (e.g. smoking ban, littering), this may result in a fine being imposed during the inspection.
This also applies if a specific additional document must be carried for the valid ticket and cannot be presented (e.g. a photo ID, youth ticket, Educard, etc.).
The company must indicate the possibilities and deadlines for lodging an objection . An objection can be submitted to the company concerned within one month of the penalty being issued. A (chargeable) reminder or collection request may only be sent after a written response to an objection submitted within the deadline.
- If a fine is not paid on time, the company must send at least one reminder before further action can be taken against the passenger.
- If a passenger can prove that they have a valid ticket, the amount of the fine must be reduced - by at least 90 percent of the claim.
This is the case, for example, if personalized tickets such as an annual ticket, a KlimatTicket, Vorteilskarte or other discount cards etc. have been forgotten. This also applies to the reduction of other ancillary charges and when purchasing a new ticket without a higher fare. - The rights and protection of children and minors must be taken into account in the level of penalties and the handling of the dunning and collection process.
§ The legal basis is § 15 EisbBFG.
Written contact with the company
How long must a ticket be carried for?
The ticket must be kept until leaving the platform at the last destination station. Checks are permitted not only on the train but also on the platform.
§ The legal basis is Section 13 (3) EisbBFG.
However, it is possible to accompany someone to a train without a ticket.
In the event of an inspection , the ticket must be presented and handed over on request. Passengers must also show an ID card on request to establish their identity if they are not carrying a valid ticket.
§ The legal basis is Section 13 (3) EisbBFG.
Upon request, the inspection personnel are also obliged to identify themselves. This can be done by means of an ID card or by providing a service number.
The legal basis is Section 13 (4) EisbBFG.
Keep tickets and actively inform control personnel
The apf recommends keeping the tickets for complaints (e.g. refunds) or appeals against penalties until the matter has been dealt with.
If you are only accompanying someone to the train and control staff are present, the apf recommends that you inform them that you are accompanying a passenger before entering the platform.
The burden of proof that the platform was not only entered but also traveled on the train lies with the company.
Can the train crew withhold the ticket?
The train crew may withhold a ticket if, for example, there is a suspicion of an invalid ticket.
However, the withholding must be confirmed so that the passenger can provide evidence in the event of a demand for payment of a penalty (additional fare) or legal proceedings.
The legal basis is Section 13 (5) EisbBFG.
Request confirmation
The apf recommends obtaining confirmation that the ticket has been retained.
What is an exclusion from transportation?
Without a legally binding criminal conviction, a passenger may be excluded from transportation for a maximum of six months if
- the prescribed order or the instructions given by the railroad personnel to maintain it are not observed,
- there is a risk to the safety of fellow passengers or railroad staff,
- physical attacks are made against fellow passengers or railroad staff or
- the passenger causes unreasonable inconvenience to fellow passengers due to his/her condition or behavior (this does not apply if the behavior is due to the disability)
If there is a legally enforceable conviction for serious or repeated violations of the prescribed order, safety or the instructions given by railroad personnel to maintain it, a passenger may be excluded from transportation for a limited period or, if necessary, permanently.
In the event of lawful exclusion, there is no entitlement to reimbursement of the ticket price and other costs or to compensation.
The company must inform the passenger of the exclusion from carriage in writing.
Affected passengers can contact the apf for a review if they are excluded from transportation.
Ticket-Inspections and fines
- Forgotten your ticket and received it fine ?
- Objection to additional fare claim rejected?
- fine on the platform?
- Ticket withheld?