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cabbyman
PostPosted: Thu May 21, 2009 6:16 pm 
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Quote from our LA:

"It has been alleged that drivers..........are charging an additional fee for leaving the borough, [this] practice is in breach of the tariff conditions and anyone found guilty of such offences will be prosecuted."

Leaving aside the basic error that one cannot be guilty until prosecution, :roll: ,

I was under the impression that a 'cross border fee' could be charged if it was advised to/agreed with the passenger before the commencement of the journey. Am I correct?

If so, would someone kindly point me towards the relevant statute and/or court cases so authorising.

Mant thanks.
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gusmac
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PostPosted: Thu May 21, 2009 6:19 pm 
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If you leave your licensed area, you can charge whatever you like, provided it is agreed in advance with the passenger.
You can also refuse the hire if you wish.

Your LO is full of sh*t.

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cabbyman
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PostPosted: Thu May 21, 2009 6:32 pm 
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I would prefer to say they are mistaken. :wink:

Are you aware of any case law, please?
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Sussex
PostPosted: Thu May 21, 2009 7:02 pm 
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cabbyman wrote:
"It has been alleged that drivers..........are charging an additional fee for leaving the borough, [this] practice is in breach of the tariff conditions and anyone found guilty of such offences will be prosecuted."

Yet more rubbish from a pen pusher paid for by the trade. ](*,)

Section 66 of the 1976 Miss Prov 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.

Tell your LO to go and buy the new Button Book, and read page 333. :wink:

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cabbyman
PostPosted: Thu May 21, 2009 7:10 pm 
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Sussex wrote:
cabbyman wrote:
"It has been alleged that drivers..........are charging an additional fee for leaving the borough, [this] practice is in breach of the tariff conditions and anyone found guilty of such offences will be prosecuted."

Yet more rubbish from a pen pusher paid for by the trade. ](*,)

Section 66 of the 1976 Miss Prov 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.


Cheers Sussex. Being generous, I can see how confusion would arise from the rather obscure wording. It could have beed draughted more clearly, IMHO.
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cabbyman
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PostPosted: Fri May 22, 2009 8:58 pm 
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Got an E mail back. LA agreed with me. Cheers Sussex.

So wtf couldn't they write correctly first time round? ](*,)
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cabby john
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PostPosted: Wed May 27, 2009 9:21 am 
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Unless I am missing something are you saying that we cannot charge more than the metered fare going outside the area of which I agree, because that is what the tin says. But! if someone comes to your cab and says they want out of town, you can say I want blah blah, and providing they agree then the L.A can do f**k all about it - and neither is it illegal! is it because it refers to metered fares only?

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grandad
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PostPosted: Wed May 27, 2009 9:41 am 
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cabby john wrote:
Unless I am missing something are you saying that we cannot charge more than the metered fare going outside the area of which I agree, because that is what the tin says. But! if someone comes to your cab and says they want out of town, you can say I want blah blah, and providing they agree then the L.A can do f**k all about it - and neither is it illegal! is it because it refers to metered fares only?


This is what is in our handbook.
Taxi fares are set as a maximum, and in principle, are open to downward negotiation between passenger and driver. The driver of a Hackney Carriage, whether by agreement or not, must not charge any fare greater than the rate prescribed by the council.

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cabby john
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PostPosted: Wed May 27, 2009 10:10 am 
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Quote:
Taxi fares are set as a maximum,


My interpretation is that the tariff is for within the boundary, and that if for example the customer and a mate (did not tell us) but then decided that one was to be dropped within the boundary and one was to go outside then you could not alter the fare. Having said that if the distance for whatever reason was too long then you could on that basis refuse to go any further.

However if they (the customer) want to go outside the boundary from the off then I do not see that it is within the jurisdiction of the L.A to tell us what the fare can be.

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wannabeeahack
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PostPosted: Wed May 27, 2009 10:14 am 
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Quote:
Leaving aside the basic error that one cannot be guilty until prosecution


no-one is guilty till CONVICTED, i.e. found guilty by a jury (or magistrates I think) or has pleaded guilty and been sentenced after a court case.

I also thought that a fare could be agreed before any trip but the meter must in all cases be set and used...

I used to have a gamble "ok, Ill say a "£££££", if the meter says more youve won, if it says less Ive won"

Most assumed i knew was gonna win and decided to go with the meter, then lost...

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grandad
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PostPosted: Wed May 27, 2009 12:19 pm 
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cabby john wrote:
Quote:
Taxi fares are set as a maximum,


My interpretation is that the tariff is for within the boundary, and that if for example the customer and a mate (did not tell us) but then decided that one was to be dropped within the boundary and one was to go outside then you could not alter the fare. Having said that if the distance for whatever reason was too long then you could on that basis refuse to go any further.

However if they (the customer) want to go outside the boundary from the off then I do not see that it is within the jurisdiction of the L.A to tell us what the fare can be.


I was quoting for jobs within the borough. Jobs outside the borough are subject to negotiation before the journey begins or on the meter.

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Sussex
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PostPosted: Wed May 27, 2009 5:43 pm 
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cabby john wrote:
Unless I am missing something are you saying that we cannot charge more than the metered fare going outside the area of which I agree, because that is what the tin says. But! if someone comes to your cab and says they want out of town, you can say I want blah blah, and providing they agree then the L.A can do f**k all about it - and neither is it illegal! is it because it refers to metered fares only?

Inside your area you must not charge more than the metered or set tarriff, outside, as long as you agree with the punter before you move a price, you can charge what you like. :wink:

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Sussex
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PostPosted: Wed May 27, 2009 5:44 pm 
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cabby john wrote:
However if they (the customer) want to go outside the boundary from the off then I do not see that it is within the jurisdiction of the L.A to tell us what the fare can be.

They can't. [-X

They have no powers to stop you charging what you like to journeys outside of your, and the LO's, licensing area.

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toots
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PostPosted: Wed May 27, 2009 5:45 pm 
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Sussex wrote:
cabby john wrote:
However if they (the customer) want to go outside the boundary from the off then I do not see that it is within the jurisdiction of the L.A to tell us what the fare can be.

They can't. [-X


But that opens the door for those cherrypickers?

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Sussex
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PostPosted: Wed May 27, 2009 5:46 pm 
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toots wrote:
Sussex wrote:
cabby john wrote:
However if they (the customer) want to go outside the boundary from the off then I do not see that it is within the jurisdiction of the L.A to tell us what the fare can be.

They can't. [-X


But that opens the door for those cherrypickers?

I agree, but the law is the law.

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