In consideration of section 65.66 and 67 of the local government miscellaneous provisions act 1976, can a hackney carriage pre-agree a fare with the passenger whilst travelling only within it’s district if having to travel more than 1 mile to the hirer’s pick up location without using the meter?
The Local Government (Miscellaneous Provisions) Act 1976, particularly sections 65, 66, and 67, outlines the regulations regarding fares for hackney carriages. Here’s a breakdown of how these sections impact the pre-agreement of fares:
Section 65
Section 65 grants local authorities the power to set fares for hackney carriages within their districts. These fares, when set, are the maximum fares that can be charged for journeys that start and finish within the same district.
Section 66
Section 66 allows a hackney carriage to agree upon a fare for a journey that goes beyond the district boundaries. This fare can be agreed upon in advance and does not have to adhere to the meter fare set by the local authority.
Section 67
Section 67 prohibits the driver from charging more than the metered fare for journeys within the district, even if a higher fare has been pre-agreed. This section ensures that passengers are not overcharged.
Specific Scenario
Given these provisions, if a hackney carriage is picking up a passenger within the same district and the journey is also within the district, the following points apply:
- Pre-Agreed Fare vs. Meter Fare: For journeys that start and finish within the same district, section 67 applies, which mandates that the fare must not exceed the metered fare. Therefore, even if a fare is pre-agreed, the driver must use the meter, and the fare charged should not be more than what the meter shows.
- Travel to Pick-Up Location: If the driver has to travel more than 1 mile to the hirer’s pick-up location within the district, the meter should start when the passenger begins their journey. The fare for this journey must adhere to the metered fare.
In summary, while the driver may discuss and estimate a fare with the passenger for convenience, the actual fare charged for a journey wholly within the district must be the fare shown on the meter, as per section 67 of the Local Government (Miscellaneous Provisions) Act 1976. Pre-agreement of a fare without using the meter is not permissible for journeys entirely within the district, regardless of the distance travelled to reach the pick-up location.