Taxi Driver Online

Taxi firms asking passengers to pay ahead of journeys following spike in unpaid fares

https://www.grimsbytelegraph.co.uk/news ... ay-6543742

One taxi driver in Grimsby described it as a "sad state of affairs"

Taxi drivers across North East Lincolnshire are now asking customers to pay upfront following a reported spike in people making off without paying.

North East Lincolnshire Council's licensing team have advised drivers from firms across the borough to do so, and have also given a warning to service users following the reports.

A spokesperson for North East Lincolnshire Council said: "Licensing officers at North East Lincolnshire Council have issued a warning to those using taxis after a spike in reported incidents of passengers not paying their fare.

"The reports, which have come from drivers across North East Lincolnshire, have prompted the council’s licensing team to advise more drivers to ask for their fee upfront.

"Drivers are entitled to request the fee upfront but many choose not to, instead charging their passengers once they arrive at their destination.

"It is a criminal offence to leave a vehicle and make off without paying the necessary fare."

The driver, who does not want to be named, told Grimsby Live: "If I pick people up who - for want of a better description - I don't like the look of or look a bit dodgy, or they're going to places that aren't the best, then I generally ask for the money upfront, and I generally find nine out of 10 people are more than happy to do that.

"Likewise, if I get jobs out of town, I never take people out of town unless they pay beforehand. I have heard it from other drivers that people haven't been paying.

"I think it's a sad state of affairs that it's come to this but unfortunately, like everything, the minority spoil it for the majority.

"I've been driving taxis for over 26 years now and it's sad that it's come to where you have to ask people for the money before you take them anywhere.

"When you get a bus or a train or even an aircraft, you do pay the fare before you go, but taxiing, you've never done that, you've always just trusted that the people will pay when you get to the other end, but sadly the way things are at the minute, that isn't the case, and people seem to take advantage."

Happy that the council is supporting drivers who are asking for money upfront.

Not convinced it's legal to do so though.

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IDFIMH

Definitely not for TAXIS within the borough boundaries but think must be legal for private hire as it is not covered in Act.

I don't see the problem for the driver to ask for a security deposit just to prove that they have the money to pay the fair

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!

Had a re-look at this and I'm changing my mind.

Can't find anywhere in any act or model bylaws anything about not being able to take a deposit.

In particular I'm drawn to section 56 of the 1847 act.

56 Agreements to carry passengers a discretionary distance for a fixed sum If the proprietor or driver of any such hackney carriage, or if any other person on his behalf, agree with any person to carry in or by such hackney carriage persons not exceeding in number the number so painted on such carriage as aforesaid, for a distance to be in the discretion of such proprietor or driver, and for a sum agreed upon, such proprietor or driver shall be liable to a penalty not exceeding [level 1 on the standard scale] if the distance which he carries such persons be under that to which they were entitled to be carried for the sum so agreed upon, according to the fare allowed by this or the special Act, or any bylaw made in pursuance thereof

Clearly it doesn't mention deposits, but it does indicate to me that the normal pay at the end what's on the meter norm, isn't necessarily the norm.

I'm also interested in sec 65 (1) of the 1976 act.

A district council may fix the rates or fares within the district as well for a time as distance, and all other charges in connection with the hire of a vehicle or with the arrangements for the hire of a vehicle, to be paid in respect of the hire of hackney carriages by means of a table (hereafter in this section referred to as a "table of fares") made or varied in accordance with the provisions of this section.

The bit that jumps out is the 'or with the arrangements for the hire of a vehicle'. To me it looks like a wide discretion has been given to councils, and maybe the deposit arrangements could be legalised that way.

But the biggest point is that nowhere does it say drivers can't ask for a deposit.

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IDFIMH

Section 57 TPCA 1847 and Section 66 1976 MPA have some relevance to this.

Maybe.

Section 57 of the 1847 act.

Deposit to be made for carriages required to wait When any hackney carriage is hired and taken to any place, and the driver thereof is required by the hirer there to wait with such hackney carriage, such driver may demand and receive from such hirer his fare for driving to such place, and also a sum equal to the fare of such carriage for the period, as a deposit over and above such fare, during which he is required to wait as aforesaid, or if no fare for time be fixed by the byelaws, then the sum of [7p] for every half hour during which he is so required to wait, which deposit shall be accounted for by such driver when such hackney carriage is finally discharged by such hirer; and if any such driver who has received any such deposit as aforesaid refuses to wait as aforesaid, or goes away or permits such hackney carriage to be driven or taken away without the consent of such hirer, before the expiration of the time for which such deposit was made, or if such driver on the final discharge of such hackney carriage refuse duly to account for such deposit, every such driver so offending shall be liable to a penalty not exceeding [level 1 on the standard scale].

Clearly this is evidence that parliament considered and approved the issue of deposits, albeit not explicitly for the issue that we are discussing here i.e. money upfront as a deposit.

Section 66 of the 1976 act.

Fares for long journeys (1) No person, being the driver of a hackney carriage licensed by a district council, and undertaking for any hirer a journey ending outside the district and in respect of which no fare and no rate of fare was agreed before the hiring was effected, shall require for such journey a fare greater than that indicated on the taximeter with which the hackney carriage is equipped or, if it is not equipped with a taximeter, greater than that which, if the current byelaws fixing rates or fares and in force in the district in pursuance of section 68 of the Act of 1847 or, as the case may be, the current table of fares in force within the district in pursuance of section 65 of this Act had applied to the journey, would have been authorised for the journey by the byelaws or table.
(2) If any person knowingly contravenes the provisions of this section, he shall be guilty of an offence.

It is generally accepted, although doesn't appear to be written anywhere, that drivers can ask for the money upfront if they agree on a price for out-of-town work.

So taking all the above, and my previous post, into account I'm now more than happy to say the council didn't get it wrong, and well done to them for supporting local drivers.

If however it is illegal, then all the time the drivers are encouraged by the council to take deposits, if they feel the need, drivers should continue as it's the council that is the prosecuting authority, and I very much doubt they will prosecute, and should they do that I very much doubt a court will do anything other than laugh out loud.

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IDFIMH