Taxi Driver Online

What does Mr Fastblacks say? I assume you have asked him?

For what its worth in England and Wales the matter is referred to in case law.

JD

Yeah, but helping someone or giving reasonable assistance is different from having to sit and wait for ages while they mess about trying to pay you, as Dusty said in his post he has had them fall asleep in these situations.

Stu,

A Hackney Carriage is always a Hackney Carriage.

If you are unavailable 'For Hire' then you are either working (with a passenger on board) or not at work.

In the context of your question you should perhaps ask yourself if you can accept another fare, because if you can't, then in my book your meter is still in the hired position.

Captain Cab

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

When I first read your statement I thought you were saying that extra time shouldn't be added, (but I don't think I read your second para first time round).

When you said:



I thought you were saying that you should only charge from A to B, ie from the pick up to the destination and then kill the meter until they return with the fare. But now I realise that by the 'set' tariff you meant the whole shebang.

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

Hunt v Morgan is one of many cases that touch upon mandatory hire. The law has stated on more than one occasion that Standing in a street or at a Taxi rank suggests the vehicle is for hire and as such is available to the public. A moving vehicle or vehicle that has just set down its passengers does not come under the category of plying for hire, regardless whether the light is on or off? Definition of standing in a street is one of being parked up awaiting a fare.

The onus of proving that he was actually hired at the time of his refusal is laid on the driver. This section is unrepealed, and it would, therefore, appear that, if a cab is standing in the street, having, for instance, just set down a passenger, the driver is bound to accept as a fare any person who desires to be driven, provided that person so informs the driver while he is still stationary and not engaged. At any rate, it seems to us clear that a cab driver commits no offence under the Act of 1853 by refusing to stop when hailed, and that he can only be required to accept anyone who chooses to hire him when he is actually on a rank or is stationary in a street.

JD

update

driver made contact with girl to day, she said I will give you [the taxi driver] 30 quid on Monday to cover expences and fare, but her last words was "you are not involving the police are you", "do you want the remote.

In the case of Eldridge V British Airways Authority 1970 the meaning of standing in a street was taken a step further. Lord Parker Donaldson JJ and Ashworth ruled the following. The first reference is to the Hunt Case.

This passage from the judgment is, of course, of the highest persuasive authority, but it was not, I venture to think, necessary for the decision in Hunt v. Morgan and, indeed, I think the wording of itself shows that it was in the nature of an aside. It is necessary in the present case to decide what is meant under section 35 by "standing." In my judgment "standing" in the context of that section means something akin to waiting or parking. It does not mean being stationary. Were it otherwise, the licensed driver in an ordinary taxi-cab who was stopped at traffic lights would be at the mercy of everyone who wished to hire a cab. A similar problem would confront a driver who stopped momentarily whilst seeking a petrol pump or on his way home. This would be an intolerable situation for taxi-cab drivers. Furthermore, it might produce a most unseemly scramble on the part of the taxi driver to drive away as soon as his passenger was out and before the next passenger could come up to him. I am quite satisfied that Lord Goddard C.J.'s mind was not addressed to that sort of problem, and that the construction which I put upon section 35 should be preferred.

JD

By my foolish logic we agree JD

Captain Cab

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

Yes you could say that but where we differ is displaying the "for-hire" sign. Just because the light is on it doesn't necessarily mean you are available or plying for hire. Admittedly in most cases it would seem pointless displaying your for hire light if you weren't available for hire? However, I pointed out the law in such circumstance because many people will ride around with their light on regardless of their motive? Under the circumstances your observation of working and not being available for work, is probably compatible with the point I was making.

Regards

JD

I do not have my light on showing for hire, they will stick their hand out if you are carrying or not, I find the flaggers are not grateful in reward that you have picked them up, whilst round the corner at the rank stands hundreds of punters, in other words you get bare arsed fare from a flagger, in most cases.

I was aware of the case, although that wasnt in my mind, I was thinking of Stu waiting while a passenger went to get some cash with his meter still on hired and kinda thinking when the hire terminated he'd be in some godawful council estate and 'for hire'.

From memory wasnt that case about being at traffic lights?

Captain Cab

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