Report to/Rapport au :

 

Transit Committee

Comité dues  transport en commun

 

08 September 2009 / le 08 septembre 2009

 

Submitted by/Soumis par : Nancy Schepers, Deputy City Manager/Directrice municipale adjointe,

Infrastructure Services and Community Sustainability/Services d’infrastructure et Viabilité des collectivités 

 

Contact Person/Personne ressource : Kimberly Westin-Martin, Program Manager, Transit Law

Transit Services/Services du transport en commun

(613) 842-3636 ext. 2659, kimberly.westin-martin@ottawa.ca

 

City Wide/à l'échelle de la Ville

Ref N°: ACS2009-ICS-TRA-0012

 

 

SUBJECT:

FARE COMPLIANCE STRATEGY UPDATE

 

 

OBJET :

Le point sur la Stratégie de conformité à la tarification

 

 

REPORT RECOMMENDATIONS

 

That Transit Committee approve:

 

1.         Development of a comprehensive communications strategy to inform OC Transpo customers on the fare compliance policies of the City of Ottawa;

 

2.         A review of the present revenue protection policies, procedures and work instructions, and report back by Q3, 2010; and

 

3.         Development of a short-term strategy and a comprehensive long-term transit fare enforcement action plan in accordance with the guidelines contained in this report.

 

RECOMMANDATIONS DU RAPPORT

 

Que le Comité du transport en commun approuve :

 

1.                  L’élaboration d’une stratégie de communication globale destinée à informer les clients d’OC au sujet de la politique de la Ville d’Ottawa en matière de respect de la tarification;

 

2.         L’examen des politiques, procédures et instructions actuelles en matière de protection des revenus et la production d’un rapport d’ici au troisième trimestre de 2010;

 

3.         L’élaboration d’une stratégie à court terme et d’un plan d’action complet à long terme en conformité avec les lignes directrices contenues dans le présent rapport.

 

 

BACKGROUND

 

The issue of fare evasion is common to most transit systems and is recognized within the industry that a certain level of evasion is inevitable.  Industry rates range from one per cent to six per cent.  As of January 2007, according to the reporting and monitoring of the Transit Law Unit, Transit Services falls within the higher end of this range.

 

The Proof of Payment (POP) system was introduced in 1983 and has resulted in improved operational efficiency.  Use of an honour fare POP system depends on an effective fare inspection program and clear communications with the customers on the consequences of non-compliance.  The POP was introduced with the expectation that a synergetic fare compliance system would provide the necessary communication and enforcement resources to ensure success, and a minimum amount of lost revenue.  Customers must be aware that if they do not pay the fare, they may be subject to a fine.  A successful fare inspection program would not result in a large number of fines; on the contrary, with a highly visible level of fare inspection the result would be very few fines, resulting in increased revenue.

 

In the 2006 Annual Report , the Auditor General released some key findings (that were not made public due to security issues) from the OC Transpo/Para Transpo Cash, Ticket and Pass Revenue Processes Audit.  One of the recommendations was for Transit Services to develop a public awareness campaign on the consequences and impact of fare fraud on the cost of transit.

 

In addition, Transit Services is providing this report as part of the City Manager’s commitment to an ongoing review of fare compliance initiatives.

 

There are a number of different types of fare evasion techniques used on buses, including entering an articulated bus through the rear door, claiming to have no money for the fare, short changing fare payment, using an inappropriate pass, using expired transfers and tickets, and counterfeiting passes and tickets.

 

DISCUSSION

 

Fare Compliance Strategy and Communications

 

The objective of the Fare Compliance Strategy is to develop a comprehensive sustainable plan that will support Transit Services’ short, medium and long term decisions with respect to fares, fare structures and fare policies.  This strategy must take into account the expectations and requirements of key Transit Services’ stakeholders; it must be designed to achieve Transit Services’ business objectives; and, it must be developed in the context of  “best practices” of comparable Canadian transit authorities.  The strategy must also be flexible enough to be adaptable to Transit Services’ evolving requirements, and must be seen as fair, equitable and simple to understand.

 

A number of projects and initiatives have been implemented by Transit Services to reduce the amount of fare evasion.  To date, the OC Transpo fare enforcement strategy has consisted primarily of fare instrument design and control, enforcement, and advertising.

 

The message is clear, as outlined by a sign posted that greets customers as they board - “PAY THE FARE OR PAY THE FINE ($150)”

 

Communication and Advertising

 

As per the direction of the Auditor General, Transit Services has made a commitment to provide an ongoing communication and marketing campaign to inform transit customers on the requirements of fare payments. 

 

The ongoing strategy encompasses a comprehensive Communications Plan to address transit fare policy and the consequences of non-compliance, and the Proof of Payment system.

 

In terms of advertising and communication, clear signage is posted on all POP buses to remind passengers that they must pay a fare.  A Public Service Announcement is set to be presented in Fall 2009 to inform customers about fare fraud detection and prevention.  As well, signage on buses has been increased to elevate awareness of transit fare policy and the consequence of non-compliance.

 

Smartcard

 

The design of the fare instrument (tickets, passes, etc.) is developed with the objective of ensuring that unlawful reproduction of these items is very difficult, while being clear and easy for the operator to check.  The operator checks fares when passengers board via the front door however, passengers who board POP buses using the rear doors are not checked.

 

Appropriate fare collection systems reduce the likelihood of fare evasion.  Transit Services conducted a review of present fare media, fare collection technology and fare instrument control processes.  This review included examining the control benefits from the use of different types of fare media.

 

With the implementation of Smartcard technology it is expected that significant reductions will be achieved in fare evasion.  Smartcard is consistent with industry best practices for fare collection systems.

 

The advent of a smartcard fare system will not preclude the need for a fare inspection program on POP routes.  However, the smartcard reader will automatically verify the validity of the card, which will be confirmed to both customer and operator by audible and visual indicators.  This will reduce fraud rates by creating a self-regulating system for customers and allowing operators to check the validity of passes and tickets more effectively.  In the case where a customer enters the bus via the rear door, other passengers will be present and know whether the fare was paid, creating a peer-pressure situation, which will reduce attempts at fare evasion. 

 

As the availability of technology to counterfeit fare instruments becomes more widespread, the ability of an electronic system to detect fraudulent fare instruments will become increasingly important.

 

Current Bus Pass Policy

 

It is the expectation of Transit Services that many of the issues seen lately, such as tickets issued to customers who have not written their pass number on the pass, will be eliminated by the Smartcard implementation.  The Smartcard technology will reduce issues of transferability and operator interpretation. However, until such time Smartcard is implemented, Transit Services must abide by current legislation through the 2007 Transit City By-law as it pertains to bus passes and other media fares.

 

Based on the City’s 2007 Transit Bylaw, the requirement to have customers write their number on the pass is designed to restrict pass transfer from one customer to another.  As well, it provides the pass holder with the security of knowing the pass is not transferable and cannot be used by another person if lost or stolen.

 

Currently, passes are priced based on single-use and are not transferable.  The Transit Services 2009 Usage and Attitude Survey indicated that if passes were transferable 58 per cent of pass holders “might” share their passes.  Of that 58 per cent, 29 per cent of respondents to the survey indicated they “would” share their pass, if permitted.  However, 67 per cent said they would not want to pay extra for the opportunity to transfer it.  The result of the survey indicates that there would a be cost-risk associated with allowing transferable passes as there would be lost revenue.

 

The purpose of regulating and enforcing the bus pass number policy is to ensure that the City of Ottawa receives the appropriate amount of revenue for every pass issued.

 

Fare Enforcement Strategy

 

During amalgamation, the Transition Board recommended a number of efficiencies that would provide the new City of Ottawa with financial savings.  One of the recommendations was that OC Transpo realize $1.9M in savings through the elimination of 37 FTEs.

 

In the course of its review, the Transit Project Team identified several specific areas of operations that lent themselves to restructuring and FTE reductions.  Fare Inspection Services was identified on the basis of a business, cost/revenue analysis.  It was concluded that the Fare Inspection Service was creating a substantial burden for OC Transpo and was flagged as an area which required rationalization.

 

Between September 2001 and June 2005, Transit Services operated without any specific Fare Enforcement Officers.  The elimination of the fare inspection service shifted the responsbility of verifying POP purchases to the Operators and Transit Law Enforcement Officers.  During this time, ATU 279 successfully grieved the removal of the Fare Enforcement Officer positions.

 

In April 2005, Council approved the addition of 113 FTEs for Transit Services.  Six of those positions were designated to create new Fare Inspection Officer positions.  Part of the process of designating these new positions was to comply with the results of the ATU grievance, which was to re-establish the positions if new FTEs were hired. 

 

In October 2006, a new Transit Law Enforcement unit was created to establish the new Special Constable Program, which was implemented on April 1, 2007.  The mandate of Transit Special Constables is to protect customers, employees and property, preserve the peace, prevent crime, promote public safety, and help persons in need of assistance. 

 

The Special Constables have the powers of a Police Officer to enforce the Criminal Code of Canada, as well as the authority to issue fare evasion tickets.  The Special Constables also have a valuable partnership with Ottawa Police Services.  There is also an important partnership between the Special Constables, Fare Enforcement Officers and Ottawa Police as there are times when a fare evasion event can escalate to a more serious charge.

 

In April 2007, once the Special Constables were appointed, concentration was shifted to improving fare compliance processes.  As a result, the fare compliance strategy was presented to the ATU and senior management, and, as a result, six new FTEs were approved within the 2008 Budget. 

 

At this time, there are 14 Transit Fare Enforcement Officers within the Transit Law Unit.

 

The Transit Fare Enforcement section is comprised of two platoons of seven officers per shift, working two shifts per day.  Their hours of operation are from 6:30 a.m. to 10:00 p.m., five days per week.  The officers work in teams rather than partnerships to “saturate” an area of concern.  The officers ride the bus/O-Train system during their entire shift, with the exception of when they are required to give evidence in court.

 

Since June 2008, officers and constables have been checking approximately 25,000 passengers per month on average (taking into account the ridership numbers during the strike in December 2008 and January 2009).  To initiate the program last year, in April and May 2008, more than 42,000 passengers were checked for fare compliance.  As well, figures will fluctuate as Fare Enforcement Officers often execute additional fare compliance initiatives at special events where there may be a larger number of passengers or targeted areas of concern, or where it has been identified that there is opportuntiy for an increase in fare evasion.

 

The data collected by Transit Services indicates that Fare Enforcement Officers rely heavily on verbal and written warning, as opposed to issuing tickets, as a means of enforcing fare compliance.  As outlined in the 2008 Annual Performance Report, received by Council on June 24, 2009, provincial offence notices (tickets) represented only 1.1 per cent of all transit passengers checked.  In terms of warnings, 0.5 per cent received verbal and 5.6 per cent received written.

 

Daily intelligence, including information from Special Constables, customers and Councillors, on fare evasion activity is being utilized to allocate enforcement resources.  The objective is for officers to increase the number of fare evasion checks on buses and trains at problem terminals and to establish regular on-bus/on-train patrols on routes that are identified through risk assessment information.  Coverage is being conducted in both uniform and an undercover capacity.

 

The Transit Fare Enforcement Officers have By-Law enforcement powers with respect to the 2007 Transit By-Law (By-law No. 2007-268).  The fines associated with fare evasion are created through section 35 of the Transit By-law and enforced under the Provincial Offences Act.  The set fine for fare-related infractions was substanially increased with the implementation of the Transit By-Law in 2007.  The fine was established using best practices in the Canadian Transit industry to address the issues of certainty, swiftness and severity.  The fine increased from $100 in 2006 to $150 in 2007.  Once a ticket is issued under the Provincial Offences Act, the judical system takes precedent and manages the legal process. 

 

Enforcement Guidelines

 

Transit Fare Enforcement Officers are provided clear directives regarding enforcement and guidelines to use when exercising discretion.  The officers use the established policies and procedures to enforce fare evasion, including verbal and written warnings, and issuing provincial offence notices. 

 

Operators are also an important part of providing fare compliance.  The role of a operator is to inform not enforce.  Operators are required to inform customers of invalid or expired transfers and request the correct fare.  If there is an issue with a customer the operator is required to contact a Transit Supervisor, Transit Special Constable or a Transit Fare Enforcement Officer.  The operators receive training on following policy and procedures for this type of situation.

 

Transparency and Accountability 

 

To create transparency and accountability, Transit Services has developed reporting mechanisms that will, in the future, provide information to management, committee and Council.  As part of the overall framework, the reports will provide:

 

  Timely and routine reporting of fare evasion rates, risk levels and associated revenue loss.

  Timely and routine reporting of employee assaults, including root cause analysis.

 

The expectation is that these new reporting mechanisms will allow staff to gather more information to better determine which programs are working effectively and which ones may need adjustment.

 

Currently, statistical reports are being generated monthly from weekly data provided by Transit Fare Enforcement Officers.  The information is being used to determine fare incident trending and corporate deficiencies.  Once the section is operating at full capacity and trending-data analyzed, the information will be published as part of the Transit Services Annual Performance Report.

 

An effective and efficient  fare evasion strategy depends on reliable estimates of fare evasion and detection levels in order to facilitate intelligence-based deployment of revenue protection resources.

 

Transit Services currently tracks fare evasion statistics in terms of evasion incidents versus passengers checked.  The processes and controls are being enhanced in order to provide continuous monitoring and reporting of fare evasion rates, including estimated revenue loss caused by fare evasion on both the bus and O-Train networks.  As well, statistical reporting methodology is being reviewed and a process to sample receipts issued (POP transfers) versus fares paid will be explored.

 

In 2008, the Transit Law Enforcement unit developed a risk assessment system in order to measure the fare evasion risk levels on a continuous basis for the bus and O-Train networks.  Daily analysis is being conducted which monitors fare evasion risk levels on a continuous basis.  

 

In the area of records management, Transit is currently pursuing the acquisition of a Computer Aided Dispatch and Records Management System (CAD RMS) for the Transit Law Unit, using the same functionality of the Ottawa Police Services.  This system is a requirement for the Special Constable Program.  The system will facilitate effective dispatching of resources, the collection and management of data and will assist in the identification and tracking of repeat offenders.  An effective tracking system will also help Transit Services to administer and develop alternate ways of dealing with repeat offenders and the non-payment of fines by frequent fare evaders.

 

Finally, Transit Services will continue to review benchmarking and refine key performance indicators and management reporting processes to ensure clear lines of accountability for, and to better assess, the efficiency of revenue protection activities.

 

Unfortunately, transit providers across Canada deal with fare compliance in different ways.  Therefore, these are no firm best practices established.  Also, varying provincial regulations dictate transit providers enforce fare compliance in different manners.

 

Transit providers also use different performance measures to record and monitor fare compliance.  For example, times of day, types of routes and mechanisms of enforcement may all vary.

 

Although, there are no firm best practices, Transit Services has consulted other transit providers to gather information and identify areas of improvement.  As an example, the City of Edmonton’s Auditor General released a report on fare evasion in May 2005.   

 

The recommendations presented by the AG included:

 

· Increasing the number of fare evasion checks on buses.

· Establishing regular on-bus patrols on problem routes.

· Ensuring adequate security staffing to provide resources.

· Developing a risk assessment system to measure fare evasion.

· Developing processes and controls to provide continuous monitoring and reporting on fare evasion.

 

As indicated in this report, all of these recommendations have either been implemented by Transit Services, or will be part of the Fare Compliance Strategy going forward.

 

Next Steps

 

Transit Servcies is currently actioning a number of initiatives to reduce the level of fare evasion.  Those initiatives include, imposing greater restrictions during off-peak hours that will prevent rear door boarding on articulated buses.  By restricting rear door access on these routes during off-peak hours, the operator will be able to manage fare payment more effectively.

 

Security of both the customer and the operator is a crictical component of the fare evasion strategy.  Transit Services anticipates that fare evasion could be reduced, while enhancing operator and public safety by:

 

· Enhancing fare collection systems and policies.

· Restructuring the Transit Fare Enforcement unit so that it is able to respond more effectively and efficiently to the fare enforcement needs of the system.

· Optimizing the presence of transit law enforcement personnel on the bus and O-Train systems to ensure adequate security for employees and customers. 

 

CONSULTATION

 

Transit Services has consulted with representatives from the transit industry, as well as from staff, including management, Operators, Transit Fare Enforcement Officers and Transit Special Constables.

 

LEGAL/RISK MANAGEMENT IMPLICATIONS:

 

There are no legal/risk management impediments to the implementation of this report's recommendations.

 

FINANCIAL IMPLICATIONS

 

The one-time costs of developing and implementing a Fare Compliance Strategy will be offset by the permanent reduction in passenger fare fraud revenue losses.

 

DISPOSITION

 

Industry feedback indicates that fare evasion rates are influenced by enforcement rates.  Increased enforcement has the direct effect of reducing fare evasion.  However, there is a point of diminishing returns where increased enforcement does not provide a sufficient return on investment (ROI).  Fare evasion statistics and staffing will be carefully monitored in order to track the point of diminishing returns and optimize staffing to ensure the best ROI.

 

A comprehensive Communications Plan is being developed to address transit fare policy and the consequences of non-compliance, as well as informing riders of the POP system protocol.  The plan will also see the release of a Public Service Announcement regarding fare evasion detection and prevention, which will likely be implemented in the late Fall of 2009. 

 

Effective revenue protection policies reduce the likelihood of fare evasion. Transit Services proposes to conduct a review of present revenue protection policies, procedures and work instructions.  This will ensure the clear articulation and assignment of specific revenue protection responsibilities, duties of operational staff and line management.  The objective will be to ensure that adequate policies and procedures exist in written format to provide Operators, Transit Supervisors, and Transit Fare Enforcement Officers with the necessary direction to safely and effectively deal with fare enforcement.

 

In summary, this plan will be developed as a comprehensive long-term transit fare enforcement strategy that supports Transit Services’ decisions with respect to fares, fare structures and fare policies, while effectively reducing the incidents of fare evasion within the system.  The fare enforcement strategy will take into account the expectations and requirements of key stakeholders and will be designed to achieve Transit Services’ business objectives.

 

In the long-term, Transit Services believes the most important solution to greater fare compliance is the implementation of the Smartcard program.  The Smartcard will provide the technology, resources and capabilities to significantly reduce fare evasion while increasing revenues.