In many cities in Poland, for journeys by public transport tickets are valid temporary. They allow the passage of transport for a specified amount of time. Exceeding the time frame is generally regarded as driving without a valid ticket with all negative consequences. It has been known, that the punctuality of public transport is still the best and often the delays occur while driving. The question therefore arises: how the delay affects the transport of passengers using ticket time?
Poznan in traffic
The inspiration for this entry is the situation prevailing for several weeks in Poznan road, accompanied by debate on extension of time tickets. In early September, because while many renovations begun strategic roads in the city center, which together with the inhabitants of the holiday back to result gigantic chaos communication. The victims of these events were not just car users standing in huge traffic jams, but public transport passengers. On the one hand, the number of trams are forced to ride detours, which extends at the same time and travel expense to a specified location, the other buses are standing in traffic on a par with cars (Unfortunately, in Poznan – if I'm not mistaken – There is only one bus lane with a length of several hundred meters).
From the beginning, there were voices, that in such circumstances, extend the time validity of tickets, because transfers take longer than in the repairs, and so people often cost twice as much (obviously does not apply to persons using the online ticket). Initially, the councilors were against, But ultimately the decision of President extended between the hours of 6 do 19 the duration of the Ticket 15 minutes to 25 minutes, a 30 minutes to 45 minutes. The new rules apply to the end of the planned repairs or to 30 April next year.
Are the changes were necessary?
I do not hide, I have mixed feelings about the new regulations. On one hand, actually extending the tram route diversions for passengers has become a real additional cost in this area should be assessed positively the changes. On the other hand, lengthening the time tickets in the buses I used not only as unnecessary, but even as harmful. It suggests, it bears the risk of passenger, that the passage is longer than planned and had no new rules, bear full responsibility for, as a result of getting stuck in traffic over the validity of the ticket. With this position I can not agree.
The carrier is responsible for the delay
The essence of the contract of carriage is the obligation of the carrier to transport people to a particular section. For practical reasons, in public transport instead of selling tickets for certain sections introduced temporary ticket. This does not mean, that the subject of the contract in this case is the opportunity to be a passenger in the means of transport for a specified amount of time. Since the agreement concerns the movement on a specified route, Time for tickets the passenger has access to the services on any segment of the carrier, whose scheduled travel time includes the time, for which the ticket was purchased. So, if you are going to travel the route, which according to the timetable needs to address 15 minutes, for this purpose must purchase a ticket at least 15 minute, and it should enable us to reach the destination.
The primary duty of the carrier is timely implementation of obligations under the contract of carriage. Since the carrier in the timetable agreed with, that the carriage on a specified route in certain time, responsible for this, by transportation really at such a time was carried out. Art. 62 paragraph. 2 pr. wire. explicitly states, that the carrier is liable for damage, passenger suffered as a result of delayed arrival or cancellation regularly plying the means of transport. Legislation emphasizing the obligation to comply with the timetable can be found also in the regulations of each carrier. For example, in accordance with § 9 paragraph. 2 Rules of transportation transport passengers in Poznan, who has concluded a contract of carriage, has the right to travel by public transport so as to ensure its safety within the timeframe specified in the schedule.
So if the carrier is obliged to ensure, that journey lasted no longer than the time specified in the schedule, and on the basis of this distribution, the passenger shall decide, How to buy a ticket time, carrier can not charge the passenger the consequences of this, that the carriage was carried out in breach of contract. Despite the passage of time validity of the ticket the passenger has in this case the right to travel to the planned route, in length according to the timetable was in the time of validity of the ticket.
Issues of evidence
Unfortunately, in the case challenging the powers of passenger transport to travel a passenger has to demonstrate, that such a right is vested in him. It would have to prove either that the resulting delays in transit, or even the fact, that got into the mode of transport in a certain place at a given time. There will always be this easy, while taking into account, that these circumstances may be proved by all possible means, it is not impossible (especially when more and more widespread use of mobile phones with a function of location).
Concluding Remarks
In most cases, passengers are unlikely to convince the auditor to withdraw from writing a supplementary charge for driving without a valid ticket, referring to the delay in the carriage. In such situations, it is worth a complaint to the carrier, because there are grounds for its account.
How then can one understand the following point communication Warsaw Regulations, in which the carrier is not liable for damages related to m. in. of “Congestion”?
“The carrier is not liable for damages resulting from interruptions, traffic delays or changes in direction of the vehicle caused by force majeure, congestion, closing or blocking streets, subgrade, changes in traffic organization, technical nature of the causes of exploitation or regulation issued by the supervisory authorities and rail traffic and other authorities empowered to issue orders and instructions of an order or administrative process.”
Furthermore, the statement, time that the ticket is purchased transportation service on a particular section is too simplistic. At the time the ticket because you can change trains, the same term “in advance” on which section of the passenger will be transported, is impossible.
For this reason, in our city has adopted the regulations, from the time the ticket is valid “to the expiry of validity of the ticket”, without entering into the agonizing delays. The official position is, that the delays do not affect the extension of the validity of the ticket.
That I may give rules on the example of my city – Bydgoszcz. The tariff regulations ZDMiKP reads:
“Time tickets are valid from validation (data, time, minutes) the time specified for the value of the tariff.”
By the way, it is still possible time ticket purchase via mobile phone.
Unfortunately there is nothing about the responsibility for the delay and the worst, there is no average travel time for each stop. In my opinion this is an unfavorable situation for the consumer.
However, in case of delays and the imposition of the surcharge – consumer could defend himself by showing travel time in accordance with the timetable set out at bus stops. Very convenient, but practical.
@ Lech
In my view, the record of the rules fall into unauthorized contractual clause. If you can accept no responsibility for force majeure, it can not be on the consumer shift the responsibility for traffic organization technical or operational reasons. So as the tram goes wrong, This carrier is not responsible, was delayed because of technical reasons of operational?
Ticket Time is the ability to carry transport across a distance by the time specified under the schedule. So I can choose any segment, but only within a specific. My intention was to emphasize, the ticket in this case is used to determine the length of segment, where I can move, and not the length of stay in the middle transportation. The contract for the carriage of passengers is not a contract of being in the middle transportation.
As to the duration of the time tickets – hard to expect, carrier in the regulations that will take a different position. But I believe, the passenger can not bear the negative consequences of delay of the carrier. You can indeed use (either directly or by analogy, depending on the interpretation) art. 18 paragraph. 1 transport law which is, that if you drive by the conditions arising from the contract became impossible, the carrier is obliged to provide free passage to the destination. So if you drive within the specified time to the destination has become impossible – bo np. tram is standing in a traffic jam – carrier shall provide free to reach the place, therefore can not claim, that, given the loss of validity of the ticket, should pay the penalty.
@ Christopher
I agree to the full extent 🙂 After analyzing the distribution we can determine at what time the vehicle should travel a specific route. In rail transport, there is no set time passes the various sections, but with degraded drive is known, whether the train was late, or not. And if you missed, passenger can not bear the negative consequences of this fact in the loss of validity of the ticket. Anyway, I remember my own situation with a train. Once tickets are valid for weekend hours. 20.00 on Sunday. Once the train was almost an hour late, and commuted to the destination station after hours. 20.00. None of this title does not do the problems, What is the proof, that the habits of public transport are not universally accepted norm.
>Ticket time is a possibility to make
> transport across a distance of a particular
> according to time schedules resulting from.
And how does this compare to being required to have a ticket for the entrance to the platform (Metro)?
In my opinion, this ticket is still paying a toll. The requirement to have a ticket to enter the platform is just a form of control or opt to limit the number of controllers in the subway. But do not buy a ticket just to, to form on the platform, but would benefit from passage.
> just, to form
How do you know? I just want to explore the station, someone pick, or at least use the ATM, which sometimes is already in the zone ticket 🙂
And I meant here is primarily, it is not always possible to calculate in advance how many will take the journey – metro schedule no specific departure times. Fold, delete a ticket 20 minutes, and if the trip will last 18 minutes, This one is not interested, that the ticket has expired, because 8 minutes waiting for a train at the station.
But when I buy a train ticket, is for them to not have to take, but it's still a train ticket 🙂
I do not know the current reality of the Warsaw underground operation – as 2006 years doing postgraduate studies at the UW, were single tickets in the metro, So the problem of travel time did not exist. As I understand it is now so, tickets that are temporary and need to cancel a ticket at the entrance to the platform, and in extreme cases the entire period of validity of the ticket may be nothing to come? So?
This is as it was then – and single tickets are, and temporary.
I checked the site meter – However, a distribution is. The passenger may then assume, that at some time come and subway will be able to go in that direction. So, if in spite of the rules resulting from the decomposition of the train has not arrived after about. 3 Minutes only after 15, pasażer ma – in my opinion – full right to claim the renewal of the ticket. After buying a ticket has entered into a contract with the carrier, that will be able to get to a particular station at a given time – This could be expected by purchasing a ticket for some time and knowing the schedule. If for reasons attributable to the carrier, contract was not executed, You can not charge the passenger need to purchase a new ticket.
The question is really interesting, but I doubt, as far as distribution is valid, and how much guidance. Imagine a situation: I go by tram, which is late and I reach the rare line, np. 719 to Dopiewo, by I can be late by more than 2 hours. In such a situation ZTM should cover the cost of continuation by other means of transport (np. another airline ticket or taxi).
Distribution certainly is a valid, and not indicative, although I would consider to be an effective carrier concerns, the arrival time may be faster for 1 for one minute and the subsequent 3 minutes (this is in Poznan). As for the delay, the bus service is rarely a problem arises adequate causation and potential to contribute to injury. So each case should be assessed individually. Do not rule out the possibility, however, in advance of the carrier load costs for taxis, the fault of the passenger missed the subsequent departure of means of transport, especially if such. it was the last bus of the day.
For me out of the situation is clear, however, requires a little bit of good will on the part of transportation companies and especially from the controllers (who probably have additional bonuses for catching the "free riders"). Just check if the vehicle is delayed at podjechania to stop for getting the controller and added the time to the duration of the ticket. But it is probably too difficult for some, because for them the said counts as a classic "letter of the law rather than its spirit". So there is a paradox when a passenger with a ticket to excessive importance 2 minutes are free riders and 10 minutes have. For what? Since according to the ordinal BY LOCAL PUBLIC TRANSPORT IN LODZ . Chapter I - General Provisions
The passenger has the right to:
– To decent and safe travel conditions according to the timetable.
– To receive compensation for losses due to negligence of the carrier.
§ 10.
a. Responsibilities Carrier
1. The carrier is required to:
1.2. punctual arrivals and departures of the stops - for punctual is considered such a course, the travel time, by identified in the schedule stops, is defined by the Promoter in its contracts with freight carrier.
Part of the contract with the carrier's timetable hanging min. at the bus stop, where commute times are set to the next stop of the subject : "Disruption to traffic cause changes in departure times. Tolerance: acceleration- 1 minutes. delay- do 4 My ". And Everything is clear that a passenger should take into account in the calculation of travel time. However, in the case of a delay in excess of 4 min passengers can rely on their right to compensation of losses incurred by a breach of contract by the carrier. In this case, the loss may be charged an additional fee for traveling without a valid ticket. I have next to pay an additional fee, I recognize the loss was the fault of the establishment of communication and insist on making her satisfied.(All in accordance with the cited regulations ). I think that similar provisions exist rules in other cities and can be relied on.
Yesterday I got a ticket for the ticket until the time of 8 minutes – autobus MIAL 17 minutes late. The Rules of MPK there is no mention of the obligation of the carrier holding a timetable, for it is not indicated that he is not responsible for any damage not attributable to the carrier ;/ Can I rely on transport law? Even the art 18 paragraph 1?
@ ranger
In my opinion, the time a ticket with specific timetables authorized to carry on a specified route. If the carrier is not able to provide it at a certain time, should not be forced to buy another ticket for travel, So I, that the provision in the rules in this case can not give rise to a penalty passenger load.