by Nester
UpperHarlemLine4ever wrote:As far as being a public benefit corporation, ie public authority, it is still bound by state law. The still have to pay even some local taxes. The MTA is a public authority but the two railroads are still companies. The MTA acts as a conduit for funds to these two railroads. The employees of the two railroads are NOT public employees although the railroad would like to tell you that they are. The are not bound by the Taylor Law.As a state agency, the MTA is exempt from local laws (e.g., zoning, taxes, health). They do not pay local taxes and are not subject to local zoning regulations. For a real-world example, look at what happened when the Town of Southampton tried to prevent the LIRR from erecting a communications tower along the ROW.
LIRR and MNCR employees are regulated under the federal Railway Labor Act (RLA) which supercedes the Taylor law. If a federal court were to determine that the LIRR and MNCR were no longer "carriers" under the law, then they would probably (after extensive litigation) be declared to be subject to the Taylor law.
UpperHarlemLine4ever wrote:It wasn't until MTA days that they would not give the money back; in fact in the beginning of Metro North, you could still get the money back by writing to customer service in New Haven. Don't think too many people went that route. Now however there are cases where the surcharge is more than the fare itself. Don't think you can even get the money back when the ticket vending machines are out of order, which happens with quite some regularity.You can receive a refund for the on-board surcharge if you contact the RR. While I cannot speak for the pre-Cubic TVM policy on MN, I know that when the LIRR used the Schneidt-Bachmann TVMs, the conductor had the discretion of charging the on-board surcharge, since the rule at the time was that the passenger was subject to the surcharge if the ticket booth was open OR the TVM was operating 30 minutes before the scheduled departure of the train. I would imagine that MN had a similar policy.
Nester