So What Are All Reasonable Steps?

Basically, the idea here is that you did everything you reasonably could have to hold a valid ticket, but were thwarted by something out of your control.

For example:

1. You topped up online or by phone but the value was not registered on your myki;
2. You topped up on a myki machine but the correct value was not recorded;
3. You had a registered myki with auto top up enabled but it didn't work.

The Transport (Ticketing) Regulations 2006 (Sr No 86 of 2006) - Reg 12, provides various statutory defences in relation to travel. The key one here is that, if you took all reasonable steps that were available to you to purchase a ticket for the whole of the travel and on completion of the travel, without delay took all reasonable steps that would have been available – but for the intervention of the Authorised Officer — to carry out any additional actions necessary for this ticket to be made valid for the whole of the travel, then you have a defence. 

Let's break that down:

Scenario 1:

1. You have a myki card;
2. You thought it was in a positive balance;
3. You hopped on the tram;
4. You touched on;
5. Your myki is declined due to insufficient funds;
6. There is no way to top up on the tram so you go to get off at the next stop;
7. Authorised officers stop you and check your ticket;
8. You protest that you were just getting off to top up your myki;
9. They fine you.

So you see in this scenario - you have really taken all reasonable steps to make sure you pay for the fare, and you would have except the Authorised Officers actually stop you from doing that. 

Scenario 2:

1. You have a myki card;
2. It is in a positive balance;
3. You go passed the myki reader on the train platform and touch your card firmly to the reader;
4. It is peak hour and there are crowds of commuters pushing behind you to get to the train;
5. It is very sunny and the glare is in your eyes;
6. The screen on the reader is very scratched;
7. It is loud;
8. For all of these reasons, it was simply not possible to tell if the reader had validated your card or not;
9. When you get to the city station with turn styles, you find you cannot exit because your card had not validated at the suburban station reader;
10. You ask the station attendant to let you through so you can validate your myki to pay for the trip;
11. The station attendant let's you through and delivers you to the embrace of several Authorised Officers who check your card and advise you that you had not validated your myki;
12. They fine you.

In this scenario you have tried to touch on, but the environment makes it impossible to tell if it worked or not. Many older myki readers are also defective. When you get to your destination, you should be permitted - under the regulations - to make good your fare ie. you took all reasonable steps that were available to you to purchase a ticket for the whole of the travel and on completion of the travel, without delay took all reasonable steps that would have been available to carry out any additional actions necessary for this ticket to be made valid for the whole of the travel.

Got it?