Is Metrosharing Legal? - Chapter 2

I was feeling really good today.  I've been collecting signatures on a petition created by the Campaign for New York's Future to ask NYS legislators to fund affordable subways, buses, and commuter rails so that we can avert the threatened service cuts and fare hikes.  The response has been amazing.  So when I got off the train at my home station, I really wanted to metroshare, but I didn't see anyone I could share with (it can be delicate to offer unasked-for help, which is why people keep bugging me -- rightly -- about the buttons we need to identify ourselves as metrosharers).  I did see an MTA employee, so I decided to follow up the legality question, which has been on my mind.

So I asked, "Is it legal for someone with an unlimited MetroCard to swipe in 

another rider?"

"No," he said.  "You can get a ticket for that."

"Really?" I asked.  "I looked at the Conditions of Use and I didn't see any rule 

against it.  How are people supposed to know the rules?"

He backtracked and said that it was okay for family members to use the same unlimited card. He also pointed out that if one person paid another's fare with an unlimited card, the MTA would lose money. I pointed out that that consequence would not make it illegal if the rule wasn't in the Conditions of Use.  At that point, he told me to go online to the MTA website.  So I came home and tried again to find clarity on the rules.

Having already read the Conditions of Use, I decided to plow through the 190 (yes, really!) FAQs on the MTA website.  The rule is now as clear as mud, as illustrated by the MTA's responses to two of these 190 questions (after a long sit at my computer, I concluded that none of the others apply).

Question #39 - Can I pay for others with MetroCard?

Answer: With Pay-Per-Ride Metrocard you can pay for up to four people at one time and all four can transfer together free.  Unlimited Ride MetroCard cannot be used to pay for others' fares.

Had I not proceeded to #43, I would have retracted my earlier post assuring unlimited cardholders (who are not covered by Premium TransitChek rules - see post from 2/21) that they are acting within the rules.  But question #43 (How do I know which MetroCard is right for me?) directs readers to a page called "Comparing Unlimited and Pay-Per-Ride (Regular) Metrocards." On the chart under the Unlimited Card, it says "Can only be used by one person at a time."

Well, yes.  Only one person can use an unlimited card at one time.  But what if I use it and then you use it 18 minutes later?  What if you're family? What if you're my neighbor? What if we are meeting for the first time in fleeting communion at the turnstile?

So I have submitted a query to the MTA to get to the bottom of this.  And you, dear readers, will be the first to know what I find out.