TAXI LAW EXPLAINED
The legal test is whether the fare was refused with a reasonable excuse. What constitutes a “reasonable” excuse will ulti- mately be a matter for the courts to decide.
Public health advice Certainly, what would be material factors in the particular context (i.e. Covid19 and the wearing of masks) is what the public health advice was (at the time of the alleged offence) and how this relates to HCs and PHVs.
The Government announced that face cov- erings will be mandatory on all forms of public transport from 15 June. Note the guidance relates to wearing face coverings, not masks.
It is also material that HCs and PHVs are not classed as public transport. The Govern- ment, in its guidance has made the separation clear stating: “…travelling by taxis and public transport (for example trains, buses, coachesand ferries).”
The implication is that the requirement to wear face coverings when travelling in HCs is therefore not mandatory. However, more general Government advice is for people to wear face coverings in “enclosed spaces” which clearly applies to hackney carriages and PHVs.
It is clear the advice on face coverings in HCs and PHVs is muddied. A Department for Transport spokesperson is reported to have said:
"Taxis are not included in the mandatory requirements primarily because they are private hire vehicles. [DfT quote]
"Taxi drivers have a Perspex screen and they can, if they want to, refuse to carry passengers.
"We advise that taxi drivers do follow the guidance but it is not a mandatory require- ment as is the case on trains, buses and trams.
"The requirement only is for public trans- port and taxis can choose to follow the guidance - and we advise they do - but ulti- mately it is up to them because they have more control over their environment."
The specific advice for travelling in a hack- ney carriage includes:
“
...follow the advice of the driver. For exam- ple, you may be asked to sit in the back left hand seat if travelling alone. You may want to check with your taxi operator before trav-
JULY 2020
lling if they have put any additional mea- sures in place.
“You should wear a face covering in an enclosed space where social distancing isn’t possible and where you will come into con- tact with people you do not normallymeet.”
Reasonable excuse? As I mentioned, what constitutes a “reason- able” excuse will ultimately be a matter for the courts to decide.
In making a judgement on this, the courts will need to consider all the facts. Each case will need to be determined on its merits but there are broad themes that are likely to apply to most cases of this type, including:
1. The official Government advice at the time and whether this was being fol- lowed;
2. It is material that official statistics sug- gest hackney carriage drivers are at an increased risk of dying as a result of falling ill with COVID-19 ;
3. Precautions taken by the licensed driver such as partition screens and other mea- sures;
4. Whether the passenger was willing to comply with instructions from the licensed driver; and
5. Passengers were displaying visible symptoms.
There will not be a one-size-fits-all approach to this. However, drivers can pro- tect themselves against enforcement action through proper due diligence to ensure they can respond to any complaints in a robust and clear manner.
As always, Taxi Defence Barristers can assist licence holders with advice and representa- tion when faced with legal and enforcement difficulties.
FEES and REFUNDS – WHAT YOU NEED TO KNOW
There have been media reports of a num- ber of trade associations and licence
holders demanding refunds and an imme- diate reduction in fees. The requests have been made on the basis that the hackney carriage and private hire licensing work- load would have seen a significant downturn.
The way the law works on fee setting does not require licensing authorities to take immediate action on fees. Some have taken steps to defer payments, but strictly hack- ney carriage and private hire fees should be set on an annual basis taking into account that year’s costs. Changes within a year are very rare.
Licence holders around the country should expect the lower demand this year to be reflected in the 21/22 fees. We understand that the financial burden on the trade is immediate; however unfortunately the law as it currently stands does not support fee reductions in this way.
You may be interested to read my February PHTM article on licensing fees for more information:
(
https://www.taxidefencebarristers.co.uk/2 019/02/01/taxi-private-hire-fees/).
AND FINALLY, EQUALITY DUTY
A final but very important point: the current pandemic and social distancing restrictions do not absolve licensed drivers from their duties under the Equality Act.
The same duties and responsibilities that applied prior to the coronavirus pandemic continue to apply today, including the duty to provide reasonable assistance to people with disabilities, the duty to carry assis- tance dogs, and ensuring that you are not discriminating against any person through, for example, imposing additional charges etc.
Clearly complying with social distancing rules is impossible under these circum- stances, particularly where you provide assistance to, for example, a wheelchair user or elderly passenger. Most offences under the Equality Act do not make provi- sion for “reasonableexcuse” and so licensed drivers must exercise caution to ensure they comply with the statutory equality duties.
If you are a hackney carriage or private hire licence holder and are facing legal difficulties with your licence, please con- tact Taxi Defence Barristers today for a free, no obligation case assessment and discussion.
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