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PostPosted: Tue Dec 29, 2009 4:41 pm 
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Which act claryfies the qouting of hackney carriage fares which finish outside your area but would be more than the metered rate.
i will give you a for instance.

A driver informs his passenger that it's 5 in the morning and he is the only cab working and wants £35 to take the guy home, on the meter it would clock £22, has an offence been committed, the guy agreed to the fare and later made a complaint the LA said no ofence had been committed I think otherwise.


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PostPosted: Tue Dec 29, 2009 4:59 pm 
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the thinker wrote:
A driver informs his passenger that it's 5 in the morning and he is the only cab working and wants £35 to take the guy home, on the meter it would clock £22, has an offence been committed, the guy agreed to the fare and later made a complaint the LA said no ofence had been committed I think otherwise.

Your LA is right, if the job ended outside your licensing area, and the price was agreed prior to departure, then the charge of £35 was/is entirely legal. He could have charged £135.

Section 66 of the 1976 Mis Pro 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.

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PostPosted: Tue Dec 29, 2009 5:13 pm 
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Sussex is correct I'm afraid......but lets face facts here.......that customer will never ever, ever, use a York HC again.

CC

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PostPosted: Tue Dec 29, 2009 8:11 pm 
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where did I read on here about 2 people obtaining a quote for a fare and then introducing themselves as trading standards officers and reporting the driver for prosecution.


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PostPosted: Tue Dec 29, 2009 8:45 pm 
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http://www.bailii.org/ew/cases/EWHC/Adm ... /2845.html

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PostPosted: Tue Dec 29, 2009 8:45 pm 
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http://www.bailii.org/ew/cases/EWHC/Adm ... /3011.html

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PostPosted: Wed Dec 30, 2009 9:01 am 
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the thinker wrote:
where did I read on here about 2 people obtaining a quote for a fare and then introducing themselves as trading standards officers and reporting the driver for prosecution.

I think the difference there is the cab never left the licensing area. :wink:

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PostPosted: Fri Jan 01, 2010 12:50 am 
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i don't read the acts like that, if a customer accepts the fare out of town at above,what the meter price would be, i believe he can complain and get his money back because you have charged more than the metered price regardless to whether you have left your area or not, its a matter of opinion but in a court of law i think i would right.
Mal


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PostPosted: Fri Jan 01, 2010 1:01 am 
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55 Agreement to pay more than the legal fare No agreement whatever made with the
driver, or with any person having or pretending to have the care of any such hackney
carriage, for the payment of more than the fare allowed by any byelaw made under this or
the special Act, shall be binding on the person making the same; and any such person
may, notwithstanding such agreement, refuse, on discharging such hackney carriage, to
pay any sum beyond the fare allowed as aforesaid; and if any person actually pay to the
driver of any such hackney carriage, whether in pursuance of any such agreement or
otherwise, any sum exceeding the fare to which such driver was entitled, the person
paying the same shall be entitled, on complaint made against such driver before any
justice of the peace, to recover back the sum paid beyond the proper fare, and moreover
such driver shall be liable to a penalty for such exaction not exceeding [level 3 on the
standard scale]; and in default of the repayment by such driver of such excess of fare, or
of payment of the said penalty, such justice shall forthwith commit such driver to prison,
there to remain for any time not exceeding one month, unless the said excess of fare and
the said penalty be sooner paid.

Pick the bones out of that.
Mal


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PostPosted: Fri Jan 01, 2010 1:03 am 
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HAPPY NEW YEAR
MAL


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PostPosted: Fri Jan 01, 2010 3:25 am 
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solo.cab wrote:
for the payment of more than the fare allowed by any byelaw made under this or
the special Act,
shall be binding on the person making the same;


Which authority makes byelaws which apply beyond it's boundaries?

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PostPosted: Fri Jan 01, 2010 7:01 am 
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solo.cab wrote:
Pick the bones out of that.
Mal

That's the 1847 act, we now use for fares the 1976 act.

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PostPosted: Fri Jan 01, 2010 11:59 am 
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1847 Act has not been repealed or to my idea of thinking not been superseded by 1976 LGMPA ,so still applies, but like I say these Acts are like knitting fog but more complex.
Mal


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PostPosted: Fri Jan 01, 2010 2:01 pm 
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Well Solo, If I ever get a problem where a customer complains about being overcharged for a quoted job out of my area, i hope it is you that is prosecuting the case. You would look very foolish if you used that as a defense. :mrgreen:

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PostPosted: Fri Jan 01, 2010 2:54 pm 
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Sussex wrote:
solo.cab wrote:
Pick the bones out of that.
Mal

That's the 1847 act, we now use for fares the 1976 act.


But the 1976 act (and here in Plymouth the 1975 act) quotes the 1847 act as the authority. So really it the 1847 act that matters IMHO.

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