STF wrote:
http://www.thestar.co.uk/news/Woman-critical-after-fall-from.972423.jp
An issue of that sort hit the headlines (and may be a different case but one that I recall of that period) because when the cab was being driven back towards town from some seven miles away, the young lady jumped from the open window and injured herself quite seriously. The driver wasn't found to be at fault in that particular case because he claimed he was driving back to the police station. I can't remember reading any more about the young lady after that episode but this issue of taxi drivers locking doors and driving back to pick up point was discussed widely then in the local media etc.
Malcolm Berry, assistant secretary of the Taxi Trade Association in Sheffield, which represents around 450 drivers, said: "If there are any disputes over fares, a driver is entitled to take a passenger to a police station, as long as that has been explained so everybody knows what is happening.
"Drivers also have the right to take passengers back to the place where they were picked up, as long as the situation is explained. "You have to continue talking to your passengers so there can be no misunderstanding as to what is happening."
That wasn't the case but interesting all the same.
Intentionally avoiding payment is an arrestable offence but unfortunately there is no law that says a passenger can be taken back to the place where they were picked up. I would be the first to admit that it is a common practice among some cab drivers to sometimes do that but for the purpose of clarification the NTA unsuccessfully tried to get the home office to clarify the law in respect of such a scenario. As the law stands we are no further on.
Taking passengers to the police station who have refused to pay their fare and have committed the offence of trying to make off without payment no doubt constitutes a citizens arrest and under the circumstances the passenger would have to be told of such an arrest.
Taking a passenger back to where they were picked up is always a risky business because an offence is only committed when the passenger actually refuses to pay and tries to make off. One presumes that trying to get out of the vehicle in order to deprive the driver of the fare would constitute the Actus Reus of the offence but one must be extremely careful when taking people back to where they were picked up because if it is found that the passenger does indeed have money to pay the fare then it will be your word against there’s.
The correct procedure if faced with such a situation is to call the police for assistance, I know that is time consuming and sometimes unproductive but it might not appear that way to a court of law should it be you that is charged with an offence and not the passenger. I suggest the Sheffield TOA person who gave the wrong legal advice regarding the legality of cab drivers taking passengers back to where they were picked up has a refresher course in the law or perhaps Sheffield council can introduce a taxi driver course that insists their Taxi drivers are fully aware of their legal obligations to passengers before they are let lose on the public.
I would have thought that any cab driver who saw a passenger trying to get out of his moving vehicle might at least have had a little thought to the passenger’s safety regardless of what offence might have been committed? I'm also surprised that the driver had no thought of the possible legal consequence to himself by knowing what was taking place yet failing to stop in order to prevent an accident. Perhaps he did try to stop and then again perhaps he didn't? If he knew she was trying to get out of the vehicle through an open door and he proceeded to drive then he has committed an offence but I assume you know that, then again perhaps you don't? It would be interesting to read what the licensing committee said about this incident, if anything?
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The case to which I referred was this,
The Star (Sheffield)
April 10, 2003
Teenager tells of her terror ride in taxi
The Star (Sheffield)
A TERRIFIED teenage student held captive by a taxi driver in the back of his cab told today how she feared she was going to be raped.
Lara Mitchell feared for her safety after the cabbie turned his car around as he approached her house in Longley, Sheffield, locked her inside and drove back towards the city centre in the early hours of the morning.
The 19-year-old said today: I did not know what was happening, all I could think about was that I was going to get raped.
Lara was so terrified she screamed for help down the phone to her mum Deborah Haigh, who called the police to chase the cab - a fully licensed vehicle - at 3am. Now an investigation has been launched into the incident by council officials and the police.
Lara finally managed to escape from the moving taxi as it drove through The Wicker.
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I assume it doesn't ring a bell?
Regards
JD