CHECK – In the event of an inspection, can SNCF impose a fine if the identity document is in PDF format?

By train, beware of unpleasant surprises. In a publication posted online this Sunday, November 24, an Internet user claims to have witnessed an incomprehensible scene. According to his story (new window)seen almost six million times in two days, an SNCF controller would have imposed a fine of 160 euros on a student “because she presented him with an identity document in PDF and not in physical form to justify her TGV Max subscription”. A situation “inhumane”denounced by this witness. But does the railway company have the right to fine this passenger?

An obligation present in the T&Cs

Here, it is not an identity check, but a verification of “the TGV Max subscription”adds the Internet user. To find out what it is, you must therefore refer to the general conditions of sale (CGV) (new window) of this offer at 79 euros per month which allows you to make certain journeys for free. However, these clearly specify that on board the train, subscribers must “present an original and official identity document in force with photograph to the captain”. “Copies of official identity documents (paper, scanned documents, etc.) are not admitted”explains this regulation. And to indicate that a user will be “considered to be in an irregular situation if he does not present a valid original and official identity document with photograph”. Same in the general conditions of use of the Rail Pass (new window). It excludes “copies of identity documents (paper, scanned documents or on smartphone, etc.)” as proof of identity.

Argument presented by the company (new window)? And “anti-fraud concerns”the copies being deemed easily modifiable. Please note that since last May, the SNCF can also verify a person’s identity using their digital identity, available on the official France Identity application. (new window).

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Except that there is a paradox. These papers, which the SNCF considers are not valid to certify the validity of a subscription, are accepted when it is a question of recording the traveler’s contact details to issue the fine. How to explain this contradiction? Because it is no longer a question of checking the validity of a subscription, but of checking the identity of the passenger. In this context, it is the transport code (new window) which applies. The decree of September 4, 2017 (new window) provides that in the absence of these documents, the identity “can be justified by the presentation of any document containing his/her surname, first name(s), date and place of birth as well as a photograph”. “Obtaining this information may result from the combination of several documents containing at least the first and last name(s)”specifies the transport code.

A difference between these two rules judged “trop restrictive” by theUFC-Que Choisir (new window). Last June, the association regretted the “logic of suspicion of fraud”in which the railway company is part. “According to our analysis, this practice turns out to be more than questionable from a legal point of view”underlined the consumer defense association. Asked whether certain customer appeals had already been successful, theUFC-Que Choisir did not come back to us immediately.

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