Newquay Taxi Forum

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!?

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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