Apparently one of our Hackney drivers is due up in court for refusing to take passengers to an undesirable area of Cardiff.

He was naturally fearful for his safety, after (I believe) two cars/cabs were attacked some months ago sustaining a substantial amount of damage. I think that one attack was reported to the police - the other one was not (like what are they going to do about it!!!!). The police have never caught the culprits and have now charged a driver with refusing a fare.

The area is a bad area and pretty much crime driven.

Thoughts anyone?

a pub landlord may refuse to serve anyone, but a cabbie cant refuse to take a fare...

a pub landlord may refuse to serve anyone, but a cabbie cant refuse to take a fare...

Hmmm, the police have charged him? I think not!

Thoughts anyone?

a pub landlord may refuse to serve anyone, but a cabbie cant refuse to take a fare...

34. Duty of taxi driver to accept a fare (Act of 1831 s35 and s36; Act of 1853 s7 and s17; Act of 1968, s3; Order of 1972 para. 3)

A taxi driver, unless required by the hirer to drive more than 12 miles, or more than 20 miles in respect of a journey which begins at Heathrow Airport, London, or for a longer time than one hour, is under a duty to accept a fare:
(a) when his taxi is on a standing or rank appointed for that purpose; or
(b) when his taxi is found standing in any street or place not being a parking place (whether on a rank or not) and is not actually hired.
Refusal by the driver to accept a fare when his taxi is so found is an offence (Penalty Level 1).

If the driver is summoned for such a refusal he will not be liable if he proves that he was actually hired at the time. Further, if he also proves that he so informed the would-be-hirer in civil and explicit terms, the justice before whom he appears may award him compensation for loss of time in attending to make his defence (Act of 1831 s35 and s36).
(The Courts have considered what plying for hire means and what follows is a digest: An unhired taxi passing along a street is not legally bound to stop when hailed as it is not legally plying for hire when it is in motion. It is deemed to be in motion for these purposes even when actually stationary, providing it becomes stationary due to prevailing traffic conditions or, for example, to comply with traffic signs or signals, or the directions of a traffic warden or constable. If a taxi driver stops his vehicle in response to a signal from an intending hirer and speaks with him he is then technically ‘found standing in the street’ and must accept a lawful hiring or he commits the above offence. The ‘for hire’ sign does not legally affect this position whatever it indicates).