TriMet News

Fare enforcement

  • Independent analysis once again finds no systemic racial bias in TriMet fare enforcement

    2018 study finds fare evasion, small group of chronic offenders continue to pose challenges

    48,060 Fare Enforcement Incidents
    (March 2016 ~ March 2018)
    Warnings Citations Exclusions
    4,228 39,464 4,368

    Two years after TriMet’s first independent, third party analysis of the agency’s fare enforcement practices, a new analysis once again finds no evidence of systemic racial bias. Dr. Brian Renauer, with Portland State University’s (PSU) Criminal Justice Policy Research Institute, conducted both the 2018 and 2016 reviews. His latest analysis examined just over 48,000 fare enforcement incidents on the MAX Light Rail System from March 2016 to March 2018.

    No disparity in fare enforcement

    Renauer’s analysis uses TriMet’s fare enforcement and ridership statistics, as well as our fare evasion survey. It’s believed that TriMet is the only transit agency in the U.S. to use a survey of fare evaders to examine for racial disparity.

    “Comparing the racial/ethnic breakdown of fare evaders in the 2016-2018 fare evasion surveys to the racial/ethnic disparity in actual fare evasion outcomes reveals little to no disparity,” said Renauer.

    Repeat/chronic offenders pose challenges

    According to Renauer, repeat fare evasion is still a unique challenge for TriMet. His 2018 analysis found that in nearly 34 percent of incidents, the person evading fare had been involved in at least one other incident during the two-year study period. That percentage grows when it comes to African Americans.

    “In 46 percent of incidents involving African Americans, the rider involved had at least one other fare evasion during the two-year time frame,” said Renauer.

    While Renauer’s 2016 research had noted that African Americans received exclusions at a slightly elevated rate, his 2018 report found that rate had dropped below the threshold for disparity. With his latest analysis, TriMet asked Renauer to dig deeper on the data.

    “The results of this effort (a more in-depth examination) illustrated the presence of a small group of chronic fare evaders and persons receiving repeated exclusions,” said Renauer.

    Renauer concluded that small group who continually engage in fare evasion led to the elevated rate for exclusions, and was not the result of racial or ethnic biases. His research found that 56 people accounted for about 25 percent of the 732 exclusions given to African Americans during the past two years. If those 56 persons had only one exclusion, instead of three or more, the exclusion rate would have been 4 percent lower according to Renauer.

    Addressing fare evasion

    The analysis found a 16.6 percent fare evasion rate on the MAX system in 2018. That’s up from the 14.5 percent noted in the 2016 report. TriMet is working to increase fare enforcement on the system. TriMet has signed a contract with Portland Patrol Inc. for a new type of contract security officer to patrol the transit system. Within a year’s time, we expect to have up to 30 personnel with a peace officer background providing a security presence while conducting TriMet Code enforcement, including checking fares.

    TriMet also recently took steps to decriminalize fare enforcement and bring greater equity to the process and our transit system. We believe these efforts will help reduce fare evasion, and may stop some people from continually evading fare.

    • Reduced fares for those on a low income: TriMet expanded the Honored Citizen fare program so adults who earn less than double the federal poverty level qualify for discounted fare. The Honored Citizen fare is half the price of a single ride or day pass, and an Honored Citizen month pass is 72 percent less than the cost of an adult month pass. Already more than 1,500 people have enrolled in the Honored Citizen program based on income level.
    • New penalties for adult fare evasion: TriMet now provides adults caught without a valid fare new options to resolve their fare citations without entering into the court system. The person may qualify for a reduced fine or community service. Those who qualify for our Honored Citizen program, based on age, disability or low-income level, will have their fine voided if they successfully enroll in the program. In the first five weeks since the options went into effect, 38 people have had their citations waived by entering the Honored Citizen program.

    “Equity and transparency in fare enforcement are a priority for TriMet, and will remain so as we increase our enforcement efforts,” said TriMet General Manager Doug Kelsey. “Fare is fair. While we remain challenged with a small number of people who repeatedly do not pay, we hope our reduced fare program and less punitive options to resolving fare citations will give people the opportunity to break the cycle of fare evasion.”

    Read the full PSU analysis of TriMet’s fare enforcement practices on MAX (2016-2018)

    About TriMet

    TriMet provides safe, reliable, affordable and valued transit service for more than 310,000 customers a day throughout the Portland, Oregon metro area. TriMet’s bus, MAX Light Rail, WES Commuter Rail and LIFT paratransit operation cover a 533-square mile service area, connecting people with their community, while easing traffic congestion and reducing air pollution.

  • New law gives TriMet authority to offer some fare evaders a second chance to stay out of court system

    HB 2777 reinforces TriMet’s commitment to bring equity to fare/code enforcement

    Oregon Governor Kate Brown signed House Bill 2777 last week, clearing the way for TriMet to pursue new options that give individuals the opportunity to correct their behavior when cited for violations of the TriMet Code, including fare evasion. HB 2777 grants transit districts the authority to offer a new, administrative option for resolving citations. Read the text of HB 2777.

    Currently, citations, including fare evasion, must be resolved through the courts. They can leave a permanent mark on a violator’s record that could affect their ability to get a job, rent property or serve in the military. That can be a severe penalty for not buying a $2.50 fare. HB 2777 provides a framework to make the system more equitable and bring the punishment in line with the offense.

    “This law is about proportionality,” said Sen. Michael Dembrow (D) of Portland, one of the bill’s chief sponsors. “It gives TriMet new, less punitive tools to enforce fare evasion and other code violations.”

    However, riders should not see this as a change to TriMet’s rules. Fares remain required on all TriMet vehicles and those who choose not to pay or repeatedly evade fare will be held accountable. Also, we continue working to increase fare enforcement on the transit system.

    How we got here

    TriMet began a thorough review of the fare enforcement process in 2016. We collaborated with Portland State University and other organizations to learn how our enforcement process affects the community. We wanted to understand the underlying causes of fare evasion and what we could do to improve our enforcement efforts.

    Portland State issued a report in December that found no evidence of systemic racial bias in TriMet’s fare enforcement, but it recommended a closer look at factors like health and economics as precursors to fare evasion, especially for chronic offenders. It also called for a review of enforcement policies to ensure fairness.

    Fairness in accountability

    HB 2777 gives TriMet the authority to offer alternatives for some who violate TriMet’s Code. Under the law, TriMet can provide violators up to 90-days to engage in an administrative process that could reduce the fine or allow community service to resolve the citation. If resolved during this period, TriMet would not submit the citation to the court, which means the violation would not become part of a person’s court record. When the 90-day window closes, TriMet could still pursue unresolved violations through the court system.

    “TriMet strives to be a model in the equitable application of its rules and response to violations,” said TriMet Director of Diversity and Transit Equity John Gardner. “Our aim is to get people to pay their fare, not unnecessarily funnel them into the judicial system.”

    “We continually see data that shows that when people are given the chance to rectify their mistakes in a manner that acknowledges their humanity that they are much less likely to reoffend,” said Rep. Chris Gorsek (D) of Troutdale, who advocated for the legislation. “That’s what this bill does; it brings some compassion back into the process.”

    What’s next?

    TriMet’s Board of Directors will have to enact an ordinance to authorize the administrative options permitted by HB 2777. In the months ahead, TriMet will work with community partners to determine who qualifies, how to adjust fines, and which community service options to offer. We hope to have the administrative options in place when the new law takes effect on January 1, 2018.

  • Independent analysis finds no systemic racial bias in TriMet fare enforcement

    Agency pursues opportunities to improve equity of overall fare enforcement efforts including making violations less punitive

    TriMet has completed the most in-depth evaluation ever of our fare enforcement practices and according to an independent third-party analysis there is no evidence of systemic racial bias. We do, however, intend to use the report to make changes we believe will improve the equity of our fare enforcement efforts. The findings revealed a growing fare evasion rate, a need for more fare enforcement and opportunities to make consequences less punitive while still providing an effective incentive for riders to have appropriate fare.

    No systemic bias, repeat offenders pose a challenge

    TriMet heard concerns from the community that our fare enforcement actions were “uneven” across races and ethnicities. Working with the TriMet Board of Directors, our Transit Equity Advisory Committee and the community – we took an in-depth look at our fare enforcement program.

    View TriMet’s guiding principles for fare enforcement program
    today reported

    That extensive review included an onboard survey to determine the demographics of our riders as well as a fare evasion study to understand who is riding without paying, how often and why. That survey showed an overall 14.5 percent fare evasion rate, which includes those without fare, expired transfers or inappropriate fare. To get a holistic view, we reached out to the community and our customers through listening sessions and an electronic survey of riders for their thoughts and feelings on our fare enforcement including whether people of color are treated fairly. TriMet then engaged Portland State University’s (PSU) Criminal Justice Policy Research Institute for an independent analysis to determine whether racial/ ethnic disparities exist in TriMet fare enforcement outcomes and, if so, what are the contributing factors.

    The reports key conclusions:

    1. No systemic bias. “Conclusion 1: Differences between the fare evasion survey results and enforcement outcomes are small and indicate little disparity. Thus, it does not appear TriMet fare enforcement on the MAX is systemically biased towards certain races and ethnicities; however the elevated percentage of African American riders being excluded should be examined more closely.”
    1. Repeat violators pose challenge. “Conclusion 2: Repeat violations (i.e. getting caught without fare/improper fare more than once in the two years of data) comprise 25.5% of all enforcement incidents and 36% of African American incidents. This percentage appears high and represents a unique challenge for TriMet fare enforcement.”
    1. Continued assessment. “Conclusion 3: Although there were two positive significant relationships in the adult analysis, the size of the relationship and difference between significance and insignificance was relatively small enough that the results are unlikely based on a systemic bias in TriMet fare enforcement, future studies should continue to assess these relationships.”

    View the PSU Criminal Justice Policy Research Institute analysis

    Changing enforcement approach

    While PSU’s Criminal Justice Policy Research Institute found no across the board bias in TriMet’s fare enforcement actions, it revealed opportunities for improvement as we strive to have enforcement that is equitably applied and not overly punitive, but that changes unwanted behavior.

    “When it comes to fare enforcement, we do not want to set people on a path that puts them into the judicial system, rather we want practices that motivate riders to pay their fare,” said TriMet Chief Operating Officer Doug Kelsey.

    We looked to our colleagues and reviewed fare enforcement practices across other transit systems including Dallas, Los Angeles, Minneapolis, New York, Phoenix, Buffalo, and San Francisco.  We are now pursuing a number of initiatives including:

    • Seeking legislative authority to pilot an administrative option that will allow first-time violators to pay a reduced fine prior to the citation being forwarded to the court.
    • Evaluating a community service option that could be used in lieu of payment.
    • Researching the feasibility of a new regional Low Income Fare program.
    • Bringing exclusion hearings in-house.
    • Expediting the exclusion modification process by granting the Administrator and the Hearings Officer the authority to grant exclusion modifications.
    • Expanding the amount of fare inspections on our system.
    • Conducting a review of staffing levels to determine additional personnel needs.
    • Increasing training for TriMet personnel who conduct enforcement, on de-escalation practices, cultural competency and mental health issues.
    • Creating an awareness campaign to increase customer education of fare requirements, consequences for violations and options for requesting an exclusion modification.
    • Continuing coordination with jurisdictional partners on consistent application of TriMet Code.

    “With the findings of our in-depth evaluation into past fare enforcement practices and with the new initiatives underway, I am confident we will continue to ensure TriMet’s fare enforcement efforts are both effective and as fair as possible for all of our riders,” said Kelsey.