§ 165.16 Unauthorized sale of certain transportation services.\n 1. A person is guilty of unauthorized sale of certain transportation\nservices when, with intent to avoid payment by another person to the\nmetropolitan transportation authority, New York city transit authority\nor a subsidiary or affiliate of either such authority of the lawful\ncharge for transportation services on a railroad, subway, bus or mass\ntransit service operated by either such authority or a subsidiary or\naffiliate thereof, he or she, in exchange for value, sells access to\nsuch transportation services to such person, without authorization,\nthrough the use of an unlimited farecard or doctored farecard. This\nsection shall apply only to such sales that occur in a transportation\nfacility, as such term is defined in subdivision two of section 240.00\nof this chapter, operated by such metropolitan transportation authority,\nNew York city transit authority or subsidiary or affiliate of such\nauthority, when public notice of the prohibitions of its section and the\nexemptions thereto appears on the face of the farecard or is\nconspicuously posted in transportation facilities operated by such\nmetropolitan transportation authority, New York city transit authority\nor such subsidiary or affiliate of such authority.\n 2. It shall be a defense to a prosecution under this section that a\nperson, firm, partnership, corporation, or association: (a) selling a\nfarecard containing value, other than a doctored farecard, relinquished\nall rights and privileges thereto upon consummation of the sale; or (b)\nsold access to transportation services through the use of a farecard,\nother than a doctored farecard, when such sale was made at the request\nof the purchaser as an accommodation to the purchaser at a time when a\nfarecard was not immediately available to the purchaser, provided,\nhowever, that the seller lawfully acquired the farecard and did not, by\nmeans of an unlawful act, contribute to the circumstances that caused\nthe purchaser to make such request.\n 3. For purposes of this section:\n (a) "farecard" means a value-based, magnetically encoded card\ncontaining stored monetary value from which a specified amount of value\nis deducted as payment of a fare;\n (b) "unlimited farecard" means a farecard that is time-based,\nmagnetically encoded and which permits entrance an unlimited number of\ntimes into facilities and conveyances for a specified period of time;\nand\n (c) "doctored farecard" means a farecard that has been bent or\nmanipulated or altered so as to facilitate a person's access to\ntransportation services without paying the lawful charge.\n Unauthorized sale of transportation service is a class B misdemeanor.\n
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