Taxi Driver Online

I have had a phone call to go down the LA. been reported by another taxi driver for not picking up someone with open kebab off the rank

how do I stand, what is my defence??

a solicitor told me once that every one has a right to refuse entry, whether it be an office, pub club etc etc, including a taxi.

any help welcome

Tell em you are a vegetarian, and that the sight and smell of open meat makes you throw up. And that throwing up over passengers is not "best practice" in the DoT recommendations.

Sorry if my reply is flippant, but I cannot believe that your Council permits eating in the vehicles!!!!. Surely you are not licensed as a restuarant?

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There is Significant Unmet Demand for my Opinion.

Two things you could do.
1) Deny everthing.

2) Say to your LO that you are not a restaurant, and you didn't want to spend the rest of the evening picking up s*** from the back of your motor. You said to the chap that you would be more than pleased to take him home once he had eaten his food, but not before.

If your LO wishes to take it further, then maybe this site can e-mail his boss on mass saying what a [edited by admin] he is.

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IDFIMH

you have nothing to worry about,if you dont want people in your cab with open food then thats up to you!
as for the prat who reported you, it must have been a crap fare or he would not have bothered!!!

The first thing the council may ask you is do you have a sign in the vehicle saying no food to be eaten inside the taxi.

You have a right to refuse anyone provided you have a "REASONABLE" reason for doing so. Perhaps you should think along those guide lines. Did the person tell you his destination and was that destination within the boundaries of the licensing area? You don't have to take anyone if the destination is outside the licensed area.

I would make it plain to the council that you were not prepared to have your Taxi soiled by some inconsiderate passenger and that you told the person you would take him to his destination as soon as he had finished eating and providing that you were still on the Taxi rank. You might also suggest that because he looked precarious you asked him for the money up front and he refused.

Good luck.

Best wishes

JD

You have the right to refuse to carry, the reason that the person had an open food container which could have spilled into your vehicle should be enough for your LA. If it is not, ask them what recourse the next passenger would have if an expensive item of clothing was stained by something this person dropped out of the container onto your seat, when they tell you they could claim off you for its value, repeat your first statement.

The "prat" who reported you obviously doesn't have either the pride in his vehicle or any consideration for his future customers.

B. Lucky

Congratulations Highwayman!!!!!!

You seem to have got everyone agreeing

best of luck

Captain cab

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

Yeah, and don't do it again.

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IDFIMH

something wrong here, surely they are not inviting you down because of this ,its pathetic.

you didnt steel a chip did you?

you dont want greasy hands all over your cab or food containers in no sighn or not

or obnoxious smells, this bloke who reported you ( had it been my authority it would not go further) have you been winning his money at pontoon?

Don't know how highwayman stands legally (I doubt if even JD knows a case on that one!) but I don't think it's unreasonable to refuse such fares, and morally I think the other driver was in the wrong - it's people like him that make it more difficult to refuse the 'chimpanzees' tea party' brigade.

We may let people eat occassionaly for whatever reason (to keep the peace, for example), but who willingly lets people eat takeaways in their motor.

I love (hate actually) the ones who say don't worry, the won't spill a drop - well it's rare that they don't leave at least a crumb or two, but with someone pi$$ed, in a moving car, in the dark then it's hardly surprising.

I remember a few years ago picking up some plonkers who just had to go to the kebab shop on the way home - since it was a good fare my wallet got the better of me and I said nothing.

It was an out-of-towner and thus in the dark, and one of them in the back had on a pair of cream-coloured chinos, and was clearly eating his kebab.

When we got to the other end his chinos were covered with red chilli sauce, but miraculously the seats were unmarked

If I was highwayman I would just tell it like it is, and he should be OK.

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Taxi Driver Online
www.taxi-driver.co.uk

yeh that should do nicely,
when we start introducing restraunt cars we shall have a policy where you cannot bring your own food.

You are right I can't think of a case off hand but perhpas somebody else can?

There have been several cases lately which this forum has missed regarding the disabled and cabs not picking them up.

I suspect there is case law somewhere appertaining to refusing to take a passenger from a Taxi rank. My opinion would be that the passenger excluded himself by virtue of the fact that he was in the process of consuming a meal. We don't know the full facts of course so we can only go on what we have been told. There are always two sides to every story but I assume the truth will out in the end. I just wonder in which Authority the Highwayman works?

There are two interesting cases, which define a contract between Taxi driver and passenger, each case interprets the method of hire and what constitutes a contract slightly differently. It will be interesting to see if the Council makes an issue of this.

Best wishes

JD

Friend of mine,s night shift driver picked up 5 Royal Marines,back to their base.Uknown to him at the start they all had carryout meals and started a food fight.
Contacted security at base,told him the back of the cab,trashed with food(E7).
Mate has phoned and sent two letters for compensation,that bad that the vehicle was off a whole dayshift,Looked for compensation £123-00,this includes a special valet deal.
Do you know the passengers names????????,was one of the questions,the officer in charge asked.
What a pillock.
Although the security knows who they are,no compensation.
So much for the brave soldiers.
Now has told driver no journeys to be made to the camp.

I doubt it. After all, the rationale for soiling charges is often to compensate for damage caused by food, as well as the more normal puking and even worse . For example, in Bath:

Fouling charge: For each fouling of the interior of the vehicle, e.g. by vomiting, urinating defecating or spilling food or drink a charge (at the driver's discretion) of up to £60.

Interestingly in Hastings the passenger can complain if the driver is eating, and also if the cab smells of food.

You can complain to the Licensing section about a host of matters but listed below are a few examples:

Overcharging of fares in Hackney Carriages (not private Hire)
Driving skills. (speeding, U turns, setting down in a dangerous location, 'jumping lights', etc)
Smoking & eating whilst a passenger is in the vehicle Use of mobile phones
Cleanliness of the vehicle (inside & out)
Fare card not displayed (only applicable to those vehicles fitted with a meter)
Defective vehicle (lights, sea belts not working, etc)
A rude or abusive driver
Driver wearing dirty or scruffy clothes
Vehicle smells (of food, smoke, vomit)

If highwayman's LA makes an issue of this it will probably just end up with egg on its face, but this will be preferable to greasy kebab on the back seat

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Taxi Driver Online
www.taxi-driver.co.uk

It will be interesting to see if the Council makes an issue of this.


Well I've been [York Taxi Licencing] in front of the Enforcment Officer, ex copper

it seems as the council have got 6 letters from 6 taxi drivers [all who use the same rank and are in a clique] complaints that I don't take food, they also have their eye on another driver but not got enough complaints yet, as told by the bloke at the council.

The council quoted me section 53 of the 1847 act, that it is not unreasonable to refuse passengers with food and that I have to stop this practice and take them, any further complaints in the future it will go to court under that section. the section is quite clear and will be used.

I asked him to show me where it states you must take food, no answer except Sec 53,

He believes 6 driver's letters are honest reports and has no belielf in myself. he said.

so whether in the future if I get it wrong or right, I'm hung, the report is to remain on file.

I need more on this one, this section 53 can mean alsorts, what is reasonable or unreasonable depends which way you take it. my standards may be different from others.The council reckon under section 53 brought before the court the favour would look towards the complaintant more so than the cab driver.
what could a solicitor make of it do you think.