Chapter and Verse - Is Metrosharing Legal?

A reader has asked for "chapter and verse on the legality" of metrosharing.  In my initial research, I came across several secondary sources that noted that MetroCards are not non-transferrable.  I have carefully reviewed the NYC Transit Rules of Conduct  at mta.info/nyct/rules/rules.htm#payment and there is nothing to indicate that it is illegal to share an unlimited MetroCard, but I did come across this item in section 1050.4:  

"Fare media (aka metrocards) that have been ... improperly transferred or that have been used in a manner inconsistent with the rules shall be confiscated." (All italics in this post are mine.)

Which are the proper and which are the improper transfers?  What rules do they mean?  It turns out that there is another set of rules, called the  Premium TransitChek MetroCard Terms and Conditions, which apply to those who purchase their cards with employer-issued TransitCheks or payroll deductions (as so many public employees do), which expressly states that "Transfer of Benefits for use by other than the enrolled employee for its intended purpose is not permitted and may result in suspension of further benefits, disciplinary action, and other penalties." 

Had I not received my new TransitChek MetroCard in the mail this week, I might not have realized that there are different rules for unlimited cardholders who purchase cards through the TransitChek program.  It certainly wasn't clear from the MTA website.  My card came with a letter that referred to these rules without indicating where to find them!  It didn't require much effort to locate the rules (www.premiumenrollment.com/ptc2employee/faq/termsCondition.html), but if I wanted someone to follow my rules, I would print them on back of the letter.

But those are the rules: metrosharing is completely legal if you purchase your card at a machine, but not if you purchase your card with TransitChek or payroll deductions. 

Now, we get to the important question of whether it is wrong to share even if it is a violation of the Premium TransitChek MetroCard Terms and Conditions.  I am considering this question myself and am eager to hear what my readers think about this.  The alternative, if I conclude that it is unethical to metroshare with a card purchased with TransitChek, is to buy my cards the old-fashioned way (at the machines).  In the end, it won't cost much more, since I pay for my MetroCard year round, even when I am out of the City for weeks at a time.  (Of course, I've always used my vacations as opportunities to metroshare with a neighbor!)

This blog is a public space; it belongs to all of us and I look forward to hearing from you.