In that case, do we need to seek an amendment to the table of fares to facilitate this, or can we just pre-agree fares mutually with passengers anyway when conducting private hire work, without the council setting terms?
Seeking an Amendment to the Table of Fares
Given the council solicitor’s strict interpretation, it may be prudent to seek an amendment to the table of fares to facilitate the ability to charge pre-agreed fares. Here’s a step-by-step approach to how you might go about this:
- Proposal to the Council:
- Submit a formal proposal to the council requesting an amendment to the current fare table. This proposal should clearly outline the need for pre-agreed fares, especially for circumstances involving significant travel to pick up passengers.
- Justification:
- Provide detailed justification for the amendment, including:
- Operational Challenges: Explain the practical difficulties of adhering strictly to metered fares when significant travel to pick-up locations is required.
- Consumer Benefits: Highlight the benefits for passengers, such as transparency and predictability of fares.
- Industry Practices: Reference practices from other councils that allow pre-agreed fares under specific circumstances.
- Draft Amendment:
- Suggest specific wording for the amendment. For example:
- “In circumstances where a hackney carriage must travel more than 1 mile from its base address to reach the pick-up location, the driver may agree on a fare with the passenger in advance, provided that this fare is mutually agreed upon and documented before the journey commences.”
Implementing Pre-Agreed Fares Without Amendment
If pursuing an amendment is not feasible or if there is a need to implement pre-agreed fares immediately, you may still proceed under the current framework by focusing on compliance and transparency:
- Documenting Agreements:
- Ensure that any pre-agreed fare is clearly documented and agreed upon in writing before the journey begins. This can include text messages, emails, or written agreements.
- Clear Communication:
- Clearly communicate to the passenger why a pre-agreed fare is necessary (e.g., significant distance to pick-up location). Transparency is key to avoiding disputes.
- Compliance Check:
- Regularly review and ensure compliance with any specific requirements or limitations imposed by the council.
Legal Context and Precedents
- Local Government (Miscellaneous Provisions) Act 1976:
- While the Act provides a framework, it ultimately allows councils to regulate fares within their areas. This means that seeking an amendment would provide clarity and legal security for both drivers and passengers.
- Best Practices:
- Look at other councils that have successfully implemented pre-agreed fare policies. For example, Liverpool City Council allows pre-agreed fares for certain circumstances, emphasizing clear communication and documentation (Liverpool City Council) (Liverpool City Council).
- Advantages:
- Simplicity: It keeps the format simple, allowing it to be applied to all 6 zones regardless of the table of fare format.
- Supporting: It supports the current practise already in place with most companies using hackney carriages for private hire work, taking advantage of a long time proven working model that the consumer understands and is happy with.
- Consumer protection: It is consistent with consumer protection principles, promoting transparency and fairness, as passengers are aware of the total cost upfront.
- Viability: It enables operators to maintain a viable service, thus not forcing them to refuse service to more rurally located consumers and so reinforces strong provision of service for all, regardless of location.
Conclusion
To ensure legal compliance and operational clarity, seeking an amendment to the table of fares is the best course of action. This amendment would provide a clear and legally supported framework for charging pre-agreed fares. In the meantime, ensure that any pre-agreed fares are well-documented and transparently communicated to passengers to maintain trust and avoid legal issues.
*The above text is opinion only and should not be taken as legal advice.