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PostPosted: Fri Oct 16, 2015 9:04 pm 
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A smartphone App is not a taxi meter as defined by the 1998 London PH Act.

http://www.bailii.org/cgi-bin/markup.cg ... /2918.html

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PostPosted: Sun Nov 08, 2015 12:41 am 
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Cant understand why UBER were taken to court - the London act makes it clear that it is the vehicle owner - not operator that's responsible for the 'taximeter'


11 Prohibition of taximeters.

(1) No vehicle to which a London PHV licence relates shall be equipped with a taximeter.

(2) If such a vehicle is equipped with a taximeter, the owner of that vehicle is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) In this section “taximeter” means a device for calculating the fare to be charged in respect of any journey by reference to the distance travelled or time elapsed since the start of the journey (or a combination of both).

Also as some nice chap from the North East pointed out to me today - the wording of the 1976 act and the London act differ slightly in respect of meters;

1976 act

“taximeter” means any device for calculating the fare to be charged in respect of any journey in a hackney carriage or private hire vehicle by reference to the distance travelled or time elapsed since the start of the journey, or a combination of both

1998 London PH Act

In this section “taximeter” means a device for calculating the fare to be charged in respect of any journey by reference to the distance travelled or time elapsed since the start of the journey (or a combination of both).

I suggest if the draftsmen had used the 1976 act description - the case would have been won.

"taximeter” means any device

“taximeter” means a device

And as has been pointed out to me this week - if the phone is "any device for calculating the fare to be charged in respect of any journey in a hackney carriage or private hire vehicle by reference to the distance travelled or time elapsed since the start of the journey, or a combination of both"

then we move on to section 71


71 Taximeters.

(1) Nothing in this Act shall require any private hire vehicle to be equipped with any form of taximeter but no private hire vehicle so equipped shall be used for hire in a controlled district unless such taximeter has been tested and approved by or on behalf of the district council for the district or any other district council by which a vehicle licence in force for the vehicle was issued.

(2) Any person who—

(a) tampers with any seal on any taximeter without lawful excuse; or

(b) alters any taximeter with intent to mislead; or

(c) knowingly causes or permits a vehicle of which he is the proprietor to be used in contravention of subsection (1) of this section, shall be guilty of an offence.

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