Newquay Taxi Forum

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:

 

1. 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.

 

2. 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.

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:

 

1. 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.

 

2. 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.

 

3. 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:

 

1. 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.

2. 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.

 

3. Compliance Check:

• Regularly review and ensure compliance with any specific requirements or limitations imposed by the council.

 

Legal Context and Precedents

1. 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.

 

2. 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)​.

3. 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.

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

1. 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.

2. 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

1. 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.

2. 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).

3. 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.

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!?