A member asked almost 8 years ago

Fare Evasion with arrest for public nuisance and obstructing police.

I was arrested for fare evasion as well as public nuisance and  Obstructing Police. I pled guilty to public nuisance because I went off my nut, I am highly medicated as I suffer from Constant Chronic Pain. I pled not guilty to Obstructing Police and this charge was later dropped. The Court case for Fare Evasion went on for some time and Judge ruled that I have No Case to Answer...Can I sue the Transport Company?

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. Based on the information you provided, it appears that you are asking whether you can sue the public transport service provider that issued you with an infringement notice for fare evasion. Fines for fare evasion are issued to persons who travel on public transport without a valid ticket or valid proof of concession. In Queensland, fines are issued by authorised officers, including TransLink Senior Network Officers and police officers.


An authorised officer has the power to issue a fine if they believe a person has committed a public transport offence, such as travelling without a valid ticket. The passenger has the right to challenge the fine in court by pleading not guilty. Just because a you are found not guilty of a public transport offence or have no case to answer, does not mean you have an automatic right to sue the transport service provider or the authorised officer who issued you with a fine. In fact, there are laws in Queensland that ensure an authorised officer cannot be personally sued for their conduct on the job, provided they have acted honestly and without negligence (see the Transport Operations (Passenger Transport) Act 1994 (Qld)).


As a general rule, to sue a person or organisation, you need to have a cause of action. This means that you need to have a recognised legal basis for your claim. From the information you provided, the legal basis for your claim against the transport provider is not clear. If the transport provider (or authorised officer) acted negligently or fraudulently in issuing you the fine for fare evasion, then you may be able to sue them for negligence. However, a negligence claim can be very difficult to establish and you would need to prove that you have suffered harm or loss as a result of the incident.


Suggested way forward

If you believe the authorised officer acted improperly in issuing you a fine for fare evasion, you can lodge a formal complaint with TransLink by visiting www.translink.com.au or phoning 13 12 30. If the fine was issued by a police officer, you can complain about police conduct to the Queensland Police Service by visiting www.police.qld.gov.au. If you want information about alternative legal options, you should consider speaking to a lawyer who can fully assess your situation and advise you of your legal rights. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered almost 8 years ago   Legal disclaimer

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