Author: wnevets

So, if I pre-agree a price with a customer for a journey which is more than the prescribed meter fare because I first have to travel 6.8 miles in my hackney carriage to pick them up, am I breaking any laws?

Opinion put to Cornwall Council:

If you pre-agree a price with a customer for a journey in your hackney carriage that is higher than the prescribed meter fare because you have to travel 6.8 miles to pick them up, you are not breaking any laws as long as certain conditions are met. The relevant sections of the Local Government (Miscellaneous Provisions) Act 1976 allow for such arrangements under specific circumstances.

Conditions for Legality

1. Advance Agreement:

• The fare must be agreed upon in advance of the journey. This means there should be a clear understanding between you (the driver) and the customer about the total cost of the journey before the journey starts.

2. Transparency:

• The agreed fare should be communicated to the customer explicitly and ideally documented. This could be through a written confirmation, an email, or a booking app that details the agreed price.

3. Reasonableness and Justification:

• The fare should be reasonable and justifiable, reflecting the additional distance and time required to travel to the pick-up location. It should cover your costs and provide fair compensation for your service without being excessively high.

 

Legal Framework

• Section 65 of the Local Government (Miscellaneous Provisions) Act 1976 allows local councils to set fares for hackney carriages, which usually includes the maximum metered fare.
• Section 66 prohibits charging more than the metered fare unless there is an advance agreement with the customer. This provision allows for the flexibility to charge higher fares when there is mutual consent.
• Section 67 addresses the use of hackney carriages for private hire work and reinforces that the fare can be pre-agreed as long as it adheres to the conditions mentioned.

 

Practical Steps to Ensure Compliance

1. Pre-Agreed Fare Documentation:

• Ensure the fare is agreed upon and documented before the journey begins. A written confirmation, text message, or email can serve as proof of agreement.

2. Clear Communication:

• Clearly communicate the fare and the reasons for any additional charges due to the distance you need to travel to pick up the customer.

3. Passenger Confirmation:

• Obtain explicit confirmation from the passenger that they accept the pre-agreed fare. This can be done verbally but having it in writing is better for avoiding disputes.

4. Record Keeping:

• Keep a record of all pre-agreed fares and the corresponding journeys as evidence of compliance with legal requirements.

 

Example Scenario

If a customer requests a journey and you agree to a fare of £25 due to the 6.8 miles you must travel to pick them up, make sure to:

1. Agree on the Fare: Communicate the total fare to the customer and get their agreement before starting the journey.
2. Document the Agreement: Send a confirmation text or email stating the agreed fare and reason for the additional charge.
3. Verify Agreement: Ensure the customer acknowledges and accepts the fare before you start driving to the pick-up location.

Conclusion

By following these steps, you can legally charge a pre-agreed fare higher than the metered fare for a journey that requires you to travel a significant distance to pick up a customer. The key is to ensure the fare is agreed upon in advance, clearly communicated, and documented to comply with the relevant sections of the Local Government (Miscellaneous Provisions) Act 1976.

Can anyone support or refute this?

So do we need a Callout Fee framework in the Table of Fares? Discuss now!

*The above content is opinion only!

As announced yesterday at the chairman trade meeting at New County Hall, there is a night bus service starting soon which will run from midnight to 5amish. This service is apparently subsidised by D&C Police!

According to the website www.cornwallbuses.org.uk “First Bus are introducing a night service out of Newquay on Saturday/Sunday mornings. This is presumably designed to attract those working in the late night hospitality sector in the town and the customers enjoying themselves in those establishments and who live in the hinterland around Newquay. The start date for the service is Saturday 6 July. No end date has been specified for the service but I assume that First will see what the uptake is before deciding for how long to continue it.”

“The N1 buses will leave Newquay bus station at 23 minutes past midnight and at the same time past each hour until 04:23 and will serve St Columb Minor, St Columb Major, Indian Queens, St Columb Road and Quintrell Downs before returning to Newquay. See N1 timetable.”

They would rather spend the money on a bus service than enforce illegal parking on ranks!?

One of the matters raised by the Compliance Officer at the Taxi Trade meeting with the Licensing Chairman and other Councillors & Officers on Monday 2^nd December 2023, was the issue of Hackney Carriages being used for pre-booked set price journeys.

Firstly, that drivers were not engaging taxi meters, and secondly, that as a result, the customer might be charged more than the table of fares permits. That is, even though at the point of pre-booking, the price has been agreed with the customer for the whole journey (which basic business economics dictates is based on the actual whole mileage, most especially when the vehicle has to travel a reasonable distance to perform a journey that only constitutes a small portion of the total journey mileage), that the meter should be engaged at the commencement of the passenger’s journey, and cease at the passenger’s destination with only the meter fare being chargeable.

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