Taxi Driver Online
http://www.taxi-driver.co.uk/phpBB2/

civic government scotland act 1982 use of meters
http://www.taxi-driver.co.uk/phpBB2/viewtopic.php?f=2&t=3960		 Page 1 of 1
Author:  skippy41 [ Wed Jul 05, 2006 12:41 pm ]
Post subject:  civic government scotland act 1982 use of meters
I have just received a letter from our taxi inspector this morning, and it reads.
It has been brought to the councils attention that several operators/drivers do not comply with the regulations regarding the use of meters fitted to taxi vehicles.
The regulations are quite strait forward, if you are driving a taxi vehicle and you are carrying passengers, your meter will be used at all times,(other than school contracts) there are no exceptions.
The taxi meter displays the maximum fare that can be charged
It is an offence not to use the meter and any person found not to be complying with this regulation will be dealt with accordingly.

Is there any thing in the act that says that the meter must be used, I have tried to find the act can someone post a link.
I feel that, if the tariff sheet says that it is the maximum fare that can be charged and someone comes up to you on the rank and says I will give you £5.00 to take me home and the meter would show £6.00 do I need to use it
I have also been under the impression that if you have a public hire licence you automatically have the private hire one included so that you can negotiate fares
Author:  jimbo [ Wed Jul 05, 2006 12:50 pm ]
Post subject: 
Why do you have a problem using the meter if you intend to charge less than the metered fare?
Author:  Sussex [ Wed Jul 05, 2006 8:14 pm ]
Post subject:  Re: civic government scotland act 1982 use of meters
skippy41 wrote:
It is an offence not to use the meter and any person found not to be complying with this regulation will be dealt with accordingly.

I would ask your council on what legal basis do they come to that view. It might be a by-law, and as your act isn't exactly the same as the one down here, they may be right.

The editor of Private Hire Monthly has done an opinion on fares in this month's mag http://www.phtm.co.uk/?inc_id=5 pages 12, 13 and 18.

But I think if you are going to offer a discount, put the meter on and have a sign in the car so the punters know they are getting a deal. :wink:
Author:  Paisley Buddie [ Wed Jul 05, 2006 11:23 pm ]
Post subject: 
I've put the Act on another page due to its length

http://taxi-driver.co.uk/phpBB2/viewtop ... highlight=

Can't see anything other than how fares should be set & appealed against
Author:  skippy41 [ Thu Jul 06, 2006 12:28 am ]
Post subject: 
Thanks for that Sussex and Paisley Buddie, I will inform the inspector to read the judgment made, in phm I have also e mailed the letter to the STF and am waiting on his reply
Would I be correct in my opinion that the judgment could be applied to the civic government act as it was in force befor the 1982 act came in
Author:  JD [ Tue Jul 11, 2006 2:30 pm ]
Post subject: 
skippy41 wrote:
Thanks for that Sussex and Paisley Buddie, I will inform the inspector to read the judgment made, in phm I have also e mailed the letter to the STF and am waiting on his reply
Would I be correct in my opinion that the judgment could be applied to the civic government act as it was in force befor the 1982 act came in


http://www.taxi-driver.co.uk/phpBB2/vie ... php?t=3623

Under the Civic Government Scotland act 1982 it is my opinion that you can charge less than what is on the meter. It is also my opinion that sections 17 1, and 23 5, place Scotland in the same position as Liverpool.

The first part of my reasoning is the fact that the opening paragraph in section 17 1. of the CGSA 1982 States the following.

The fares for the hire of Taxis in any area and all other charges in connection with the hire of a Taxi or with the arrangements for its hire "shall not be greater" than those fixed for that area under this section and section 18 of this act.

That is the opening paragraph and it lays down the law in respect that a person cannot charge more than the fare which is fixed by the licensing authority.

However the pivotal point in this section are the words "shall not be greater" therefore, as was the case in Liverpool there is an assumption that the fare could be lower than that which is fixed by the authority providing it is not greater than the fare which is fixed.

So in short the act stipulates that the fare "should not be greater than that fixed for the area" but the act does not stipulate that you have to charge that fixed fare.

Section 21 5, of the CGSA 1982 refers to offences relating to Taxi fares, It states....

If anyone person demands fares or other charges in respect of the hire of a Taxi or for the hire of a private hire car which is fitted with a taximeter in "excess" of the scales established under section 17 and 18 of this act, he shall be guilty of an offence.

This section only refers to charging more than the fixed scale and the pivotal word is "Excess", this is because Parliament did not mean it to be an offence to charge less then the fixed scale.

The wording of the CGSA 1982 in my opinion puts it in the same context as the 1847 and 1976 acts as per the Liverpool case.

You may have to read the Liverpool judgment twice in order to understand the ruling in the context of both the 1847 and 1976 acts and with the similarity in relation to the Scottish act.

I see no reason why the Scottish courts would not interpret the CGSA 1982 in the same way the English courts interpreted both the 1847 and 1976 acts in the case of Liverpool.

There is nothing in any of the UK acts which actually state the meter has to be engaged when a fare is agreed. In fact the 1847 act relies on several sections to emphasise the penalties for charging more than the "agreed" fare.

The 1847 act confers the power on an authority to make byelaws, allowing them to fix fares to a maximum but not a minimum level. However, as was the case in Liverpool the courts deemed that byelaws did not supercede statute law.

It is advisable to look at the local byelaws in respect of any power that may have been conferred on a licensing authority.

Regards

JD
Page 1 of 1 All times are UTC [ DST ]
Powered by phpBB® Forum Software © phpBB Group
http://www.phpbb.com/