November 10, 2006
Samaritan Swipe
We've all seen the ads in the subway saying so cleverly "If someone tries to sell you a swipe, don't buy it. It's illegal any way you swipe it." This is targeted at the enterprising people who stand in front of turnstiles with unlimited cards, or hacked ones that give them free rides, and sell entry to the system to passersby. Supposedly they sometimes jam the Metrocard vending machines in the area to force people who needed to refill their cards to use their service. But what about the legality or permissibility of the 'Good Samaritan Swipe,' in which on one's way out, one swipes one's unlimited card for someone going in?
At the 4 train stop in the Bronx where I get off on my way to work, there is often someone milling about requesting a Good Samaritan Swipe. So far I've always declined for a mix of reasons including uncertainty about legality and just wanting to get out of there. But I always feel a little guilty afterward, as I think about how easy it would have been to just swipe on my way out, and how expensive a $2 ride probably is to that person. One day a man asked someone exiting right in front of me to swipe him in, and he said "Man, there's a cop right there!" The first man said emphatically "I know!", not explaining how that bore on the situation in his view. I decided at that point that it probably wasn't worth the risk, unless I found out definitively that it is allowed. Today, for the first time at this stop, I saw someone grant the swipe. There didn't seem to be a cop present, and the token booth clerk looked on in his usual daze.
I can understand the MTA objecting to the Samaritan Swipe for the same principle as they would to selling swipes--that you are depriving them of the income they would have gotten if the person paid for their own card. One can't expect the MTA to have sympathy for these people that might otherwise spend hours panhandling for the $2. But certainly in practice the Samaritan Swipe is not the threat to revenue or public safety that the swipe salesmen are. I can't help but think the wording of the ads acknowledges that sale of rides is the much bigger problem and will be dealt with much more strictly. And yet the official rules of conduct have this to say:
Section 1050.4 cExcept for employees of the Authority acting within the scope of their employment or other expressly authorized agents of the Authority, no person shall sell, provide, copy, reproduce or produce, or create any version of any fare media or otherwise authorize access to or use of the facilities, conveyances or services of the Authority without the written permission of a representative of the Authority duly authorized by the Authority to grant such right to others.
and after all, the MTA is not exactly known for its proportionate response to such civilization-rending offenses as taking up more than one seat on a mostly empty train. So I think for now I have to continue denying the Samaritan Swipe, much as I'd like to offer it.



