Public transport, but individual responsibility
I have a 20-franc TPG card that can be debited from terminals at stops or on buses. The other day, I got on at a stop that didn't have a terminal, and there weren't any on the bus either. It took me 15 stops to get a ticket! The bus driver told me that I would have been fined if I didn't have a valid ticket, even though I couldn't use my card from the start of my journey. Is this true?
D, Geneva
Yes, unfortunately for you that's true. In principle, you could have been amended in the situation you describe.
In Switzerland, the rule is simple: every passenger must be in possession of a valid ticket before boarding a public transport vehicle or immediately on boarding. This is laid down in the Federal Law on Passenger Transport (LTV) and its implementing ordinance (OTV). The absence of a terminal at the stop or in the vehicle does not exempt users from this obligation. It is a system known as "presumption of responsibility": everyone is responsible for finding a way of acquiring a ticket before the start of their journey.
Case law has confirmed this rigour. In a case decided by the Federal Administrative Court, a passenger who had tried unsuccessfully to obtain a ticket on the bus was ordered to pay a surcharge. She had, however, tried to obtain change from the driver and passengers. The court recognised her good faith, but upheld the legality of the penalty. Public transport companies are not obliged to provide a pay station or other means of payment at every stop or in every vehicle. It is up to the passenger to ensure, before departure, that he or she can obtain a valid ticket, whether on paper or in electronic form.
The absence of a ticket machine at your stop and on the bus you have taken may seem unfair, but it is not an illegal situation. Common sense would suggest that such circumstances should be taken into account, but the law can be applied to the letter as long as there are alternative ways of obtaining a ticket (mobile application, SMS, etc.).
In conclusion, the driver wasn't lying to you, even if your misadventure raises a real issue of accessibility to the system. In the meantime, if you're often faced with this type of situation, you'd better get yourself a mobile phone, as many transport operators now prefer paperless tickets.
