And while that responsibility is now clear if there is no easy way to calculate the fare yourself how are you to know what's left after a trip? Balances can be checked but not at every single point of exit from the system. In particular there is no requirement to tag off trams for most journeys meaning the balance is not known until the card is next used.
I don't often advocate American-style justice but I could see some of their no-win-no-fee mob having a field day with Myki.
There's so much that's not supposed to happen but unfortunately there's some really draconian laws backing up the imposition of this ticketing system that always tend to assume the passenger is trying to rip them off. I think because we've got a history of ticketing failures like scratchie cards they made sure this time that it was extra-tight but perversely you can do all the right things and still get fined.
I have cited this example before but I can think of at least two occasions this year on boarding a vehicle where all the validators are not functioning. If I have my phone on me I always take video of my efforts because you never know where you stand if the inspectors get on and the validators suddenly start working. Only today I was on a tram where the validator next to me was drifting in and out of functionality the whole trip, making funny noises.
How would an ordinary person prove that they had taken 'reasonable steps' to validate under those circumstances? If you can't then $207 thanks very much.
Also, you're up against a pretty powerful bureaucracy with deep pockets if you do take them on - we have a wholly-separate statutory authority representing that card whose job it is to maintain, defend, promote and silence dissent against their product because their jobs depend on it. I believe that if there's ever any successful legal action against the TTA because of their substandard product you can be sure they will pay extra to keep it confidential, they don't want any bad press about it in the public domain.