TAXI LAW EXPLAINED
offence be liable to a penalty not exceed- ing level 2 on the standard scale.”
The legislation therefore places a duty on drivers of licensed hackney carriage vehi- cles not to refuse a fare when standing on a rank unless they are hired or have a “reasonable excuse”. The duty to carry people when standing for hire applies only to journeys undertaken within the prescribed distance, or in other words those that starts and ends within the rele- vant licensing authorities’ district.
s such they can charge what they want.
If a taxi is hired to take a person to either a charging Clean Air Zone or a Low Emis- sion Zone - where a charge may apply also – will it be reasonable to refuse the fare on the basis that the driver will incur additional costs for honouring the fare?
In the case of non-charging Clean Air Zones where access may be restricted altogether, will it be reasonable for the driver of a licensed taxi to refuse the fare on these grounds?
PROLONGED JOURNEYS
Under section 69 of the Local Govern- ment (Miscellaneous Provisions) Act 1976, it is an offence for the driver of a licensed hackney carriage or private hire vehicle to unnecessarily prolong a journey. Section 69 states:
“No person being the driver of a hackney carriage or of a private hire vehicle licensed by a district council shallwithout reasonable cause unnecessarily prolong, in distance or in time, the journey for which the hackney carriage or private hire vehicle has been hired.”
In the context of Clean Air and Low Emis- sion Zones, will it be reasonable for the driver of a licensed hackney carriage or private hire vehicle to prolong a journey in order to, for example, to circumnavigate such a zone? The consequence of a pro- longed journey in order to avoid a Clean Air or a Low Emission Zone is that the passenger may face a higher fare.
ADDITIONAL COSTS
Finally, the introduction of Clean Air or Low Emission Zones can also hold statu- tory implications relating to fares.
Firstly, fares chargeable by private hire operators are not formally regulated and
OCTOBER 2018
The same is not true for hackney car- riages where maximum fares are set by licensing authorities. The consequence is that fares charged by private hire opera- tors can be set to compensate the driver of a private hire vehicle for costs incurred when entering either a charging Clean Air Zone or a Low Emission Zone. Since fares charged by hackney carriages are set, they cannot apply a higher rate to com- pensate the driver in the same that the driver of a private hire vehicle can and as such hackney carriages may be more at a disadvantage.
Section 58 of the Town Police Clauses Act 1847 makes it an offence for the pro- prietor or driver of any hackney carriage to charge more than what is charged on their meter:
“Every proprietor or driver of any such hackney carriage who is convicted of tak- ing as a fare a greater sum than is authorised by any byelaw made under this or the special Act shall be liable to a penalty not exceeding level 3 on the stan- dard scale, and such penalty may be recovered before one justice; and in the conviction of such proprietor or driver an ordermay be included for payment of the sum so overcharged, over and above the penalty and costs; and such overcharge shall be returned to the party aggrieved.”
The only exception to the rule is under section 66 of the Local Government (Mis- cellaneous Provisions) Act 1976 that permits the driver of a hackney carriage to change more than what is displayed in the meter.
WHAT IS “REASONABLE”?
The majority of offences discussed in this article include a defence of “reasonable excuse”. Thismeans that if the driver of a hackney carriage or private hire vehicle is
reported for an offence under any of the offences above, they can put forward, amongst other things, an argument that their actions were reasonable under the circumstances.
This begs the question of what is reason- able? There is no statutory definition of “reasonable” in the legislation and no authoritative case law on reasonable actions in the context of the offences above. As such,whatwill constitute a rea- sonable action will come down to the individual circumstances of each case.
What is important to remember, is that a reasonable actionwill be judged in light of how appropriate, fair and/or moderate an actionwas in light of a particular situation.
As an example, itmay be consideredmore reasonable for the driver of a hackney carriage to refuse a fare to a destination where they are not permitted to enter due to the existence of a non-charging Clean Air Zone. On the opposite side, it may be arguable that it is unreasonable for the driver of a hackney carriage to refuse a fare on the basis that the destination is inside a charging Clean Air Zone and as such, such a driver will incur additional costs in fulfilling such a journey.
CONCLUSIONS
The Government’s Air Quality Plan is likely to result in an increase in the implementa- tion of Clean Air and Ultra Low Emission Zones around the country. It is advisable that the taxi and private hire sector engages with local authorities on some of the issues raised in this article in order to get a clear understanding of the implica- tions of these zones to their trade.
There is no doubt that there is the poten- tial for litigation arising out of the implementation of these zones and it is incumbent upon the sector to understand where they stand legally in order to oper- ate with confidence and to provide good customer service.
Article supplied by: Stephen McCaffrey Head of Taxi Defence Barristers and Taxi Defence Scotland 020 7060 1775
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