Stop penalty applications for travelling without a ticket on buses and trains

A care economy based on solidarity also means that everyone should be able to move freely around the city or region. In addition to barrier-free routes, this also includes, for example, being able to move wherever you want without fear or being able to use public transport even if you have little money. This is why the cost of public transport and the criminalisation of those who travel without a ticket are issues for care activists. The Dortmund regional group has sent us their statement on their citizens' petition on this issue. They see decriminalising travelling without a ticket as just a first, but urgently needed, step towards free public transport. Thank you for your contribution!

Statement by the Care Revolution regional group Dortmund on its citizens' motion 'Stop penalty applications for travelling without a ticket on buses and trains' to Dortmund City Council

According to § 265a StGB, travelling on buses and trains without a valid ticket is a criminal offence. This means that even the first offence is a criminal offence. The ticket inspectors record personal data, if necessary with the help of the police. In any case, an "increased transport charge (EBE)" of €60 is due. In most cases, the EBE is paid and the case is closed. However, not everyone is in a position to pay this EBE. As a rule, the transport companies file a criminal complaint for repeated travelling without a ticket.

If legal proceedings are initiated, the offence of fraudulently obtaining benefits can be punished with a fine or imprisonment. Anyone who cannot afford the money will receive a substitute custodial sentence. According to the website of the Berlin "Freiheitsfonds" initiative, those who simply cannot afford the fine end up in prison, as the majority of those affected are unemployed (87%), without a fixed abode (15%) and suicidal (15%). [1]

However, the transport company could decide not to file a criminal complaint, as the offence of fraud can be classified as low value and is only prosecuted on application (Section 265a (3) StGB in conjunction with Section 248a StGB). In addition, the transport company does not benefit from the prosecution, as the fine imposed goes to the justice system. The EBE of €60 is considered a contractual penalty and must be claimed under civil law.

We believe that affordable public transport should also be guaranteed for marginalised population groups. Instead, they are stigmatised by deprivation of liberty in addition to their precarious living situation. These population groups are excluded from mobility due to income poverty. Every municipality should have an interest in integrating its citizens rather than marginalising them. This integration ensures social participation, which in turn is closely linked to mobility, i.e. spatial accessibility.

For this reason, we as citizens of Dortmund have submitted a citizens' petition to the Dortmund City Council to "Stop penalty applications for travelling without a ticket on buses and trains". This should authorise the mayor to instruct Dortmunder Stadtwerke AG (DSW21) to refrain from filing penalty applications in future.

According to DSW21, 4,993 applications for penalties were submitted in 2024. According to a predetermined key, a realistic estimate for Dortmund is that 713 of those affected received a substitute custodial sentence. With an average nationwide imprisonment period of 74 days, the costs for the state of NRW amount to €10.6 million.

DSW21 has been supporting Flughafen Dortmund GmbH (Airport21) in the double-digit millions every year for years. [2] According to the 2020/2021 investment report of the City of Dortmund, a deficit of € 2.7 million is still expected for 2025. [3]

If DSW21 were to waive the increased transport fee of € 60 for 713 affected persons, this would amount to only € 42,713. This € 42,713 is peanuts compared to the € 2.7 million in support for Airport21 in 2025 and € 10.6 million for prison accommodation.

Why is the city or DSW21 sticking to the penalty applications? Why does it apply double standards? Does the economy benefiting from Airport21 have a bigger lobby than marginalised population groups? Don't all citizens belong to urban society and should be taken into account?

Or does the fear prevail that a waiver would encourage more passengers to travel without a ticket? Other cities that have dispensed with penalty fares show that this is not the case. One positive example is the city of Bremen: "Instead, people living in poverty who have been checked several times without a ticket in Bremen now only have to pay 10 euros a month for their ticket. BSAG currently has 58 people on this list, they only pay 10.50 euros for the ticket themselves, the rest is covered by the state. For this is much cheaper than a place in prison, [...]" [4]

The DeutschlandTicket Sozial costs €53 for one month in Dortmund (DSW21) and is therefore just €10 cheaper than the regular DeutschlandTicket. With a low income, such as the standard rate of €563 for a head of household on basic income support (Bürgergeld), travelling without a ticket is almost inevitable.

The city of Cologne has also responded favourably. The number of ticketless passengers has not increased since the cancellation of penalty fares. "In Cologne, the number of ticketless passengers was actually slightly lower than in the same period last year after the cancellation of penalty fares. The evaluation reports of the public transport companies there clearly show that passenger behaviour does not change when penalty fares are no longer applied for." [5]

For the local elections on 14 September 2025, we posed questions in the form of election test questions to the then candidate for mayor and current mayor. We embedded these in a 'caring city', in which, for example, there should be free climate-friendly public transport and affordable housing for all. One election touchstone dealt specifically with the waiving of criminal charges for missing tickets. Unfortunately, the questions were not answered. This prompted us to ask our questions again at the end of October 2025, this time embedded in the mayor's personal election promises. This letter has also remained unanswered to date.

We believe that services of general interest must be affordable for everyone! Poverty must not lead to marginalisation. Without adequate transport, everyone is excluded from social, cultural, civic and democratic participation. All citizens should be given the opportunity to actively participate in shaping an urban society. "Participation is an inseparable part of self-determination as the core of human dignity." [6]

We are now keen to see whether the city council of Dortmund will also send a positive signal and join the cities that have decided to waive the penalty applications. We hope that the city will make a positive decision. The discussion will take place in a public meeting of the Committee for Citizens' Services, Public Order, Suggestions and Complaints on 7 July 2026. This committee will decide whether to pass the application on to the City Council. Due to the dimensions of the application, we believe a rejection in the Committee for Citizen Services.... would be fatal!

Footnotes:

[1] https://www.freiheitsfonds.de/
under: No ticket? Jail!

[2] https://www.ruhr24.de/dortmund/flughafen-dortmund-airport-schulden-millionen-stadtwerke-millionen-nrw-passagiere-gruene-spd-dsw21-91661975.html

[3]https://www.dortmund.de/dortmund/projekte/rathaus/verwaltung/stadtkaemmerei/downloads/haushaltsplaene/beteiligungsbericht_2021.pdf

[4] https://www.freiheitsfonds.de/
under: We increase the pressure. Map Button Bremen

[5] https://www.freiheitsfonds.de/
under: We increase the pressure. Map Button Cologne

[6] Federal Agency for Civic Education, Elke Diehl (ed.), Teilhabe für alle?!, p. 14