Cornwall Council’s Solicitor believes it is ‘unlawful’ to do this. Here is his response:
“Section.65 does refer to a ‘table of fares’ and therefore it is specifically referring to ‘fares’. The term ‘fare’ is also used under S.67 where it effectively states that any “fare or charge” is required to be calculated from the point the hirer starts their journey. Further, S.65 does not stand alone, and the provisions of S.67 are relevant to it. S.67 clearly states that “the fare or charge shall be calculated from the point in the district at which the hirer commences his journey.” In my view, this means that it would make any provision to the contrary unlawful.”
Can we provide an effective legal rebuttal to this?
To effectively rebut the council solicitor’s interpretation, it’s essential to address the specific points made and provide a legal argument based on the relevant sections of the Local Government (Miscellaneous Provisions) Act 1976, supplemented with supporting legal principles and precedents. Here’s a structured rebuttal:
Rebuttal
Interpretation of Sections 65 and 67
- Section 65 – Fixing of Fares for Hackney Carriages:
- This section empowers the council to set fares within its area and requires a table of fares to be displayed in the vehicle. It does not explicitly prohibit pre-agreed fares but instead sets a framework for metered fares.
- The language of Section 65 suggests that the council can prescribe maximum fares but does not preclude the possibility of pre-agreed fares for specific circumstances.
- Section 67 – Hackney Carriages Used for Private Hire:
- This section states that the fare or charge must be calculated from the point at which the hirer commences the journey. However, it also allows for flexibility in fare agreements for private hire journeys.
- The key phrase “calculated from the point in the district at which the hirer commences his journey” primarily aims to prevent starting the meter before the passenger is picked up, rather than prohibiting pre-agreed fares altogether.
Legal Principles and Supporting Arguments
- Pre-Agreed Fares Under Section 66:
- Section 66 allows for fares to be agreed in advance, providing a legal basis for pre-agreed fares. The council solicitor’s interpretation does not fully consider this provision.
- The intent of this section is to ensure that passengers and drivers can mutually agree on a fare for convenience, especially in cases where the journey involves additional complexities or significant travel distances to the pick-up point.
- Reasonableness and Transparency:
- Pre-agreed fares promote transparency and fairness, ensuring that passengers are aware of the total cost upfront. This is consistent with consumer protection principles.
- Courts have often supported the reasonableness and mutual agreement between parties as long as it does not result in overcharging or unfair practices (see Hackney Carriage Owners’ Association v Liverpool City Council, 1977).
- Practical Considerations:
- Requiring the use of the meter in all circumstances can be impractical and unfair for drivers who must travel significant distances to pick up passengers. Pre-agreed fares compensate for this and ensure the viability of the service.
- Other councils, such as Liverpool and Manchester, recognize and allow pre-agreed fares for specific scenarios, indicating a broader acceptance of this practice within the regulatory framework.
Conclusion
The council solicitor’s interpretation emphasizes a strict reading of Sections 65 and 67 but does not fully account for the flexibility provided by Section 66. The law allows for pre-agreed fares as long as they are mutually agreed upon and documented in advance. This approach ensures fairness and transparency, aligning with consumer protection principles and practical service considerations.
References
Local Government (Miscellaneous Provisions) Act 1976 – Section 65
Local Government (Miscellaneous Provisions) Act 1976 – Section 66
Local Government (Miscellaneous Provisions) Act 1976 – Section 67
Engaging further with the council to explore a balanced interpretation that considers both the regulatory framework and practical service requirements may be beneficial.
*The above content is opinion only of it’s author, and should not be taken in any way as legal advice.