Taxi Driver Online

XYZ Taxis Ltd own no cars. The accept bookings and despatch jobs to cars driven either by a self-employed owner or self-employed commissioned driver. ALL vehicles are Hackney Carriages; No PHVs whatsoever.

Some of the work is account work charged on the meter, or a lower fixed price. The company add an administration fee to each monthly account. The driver only receives the fare charged.

1. Is such an arrangement legal?

2. Please refer me to any court cases where such an arrangement has been tested.

3. Would the situation be different if the company owned any HCs?

The charge is an admin charge, in the same way the extra % goes on credit card transactions.

Therefore is legal IMO.

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IDFIMH

The hirer has the option to hire outside of the accounting arrangement, i.e. they could pay cash. The facility to make payment on account is surely an extra service attracting an extra charge.

Notwithstanding this, who could the LA take action against?

The driver is not charging more than the metered fare for the job and the company taking the bookings does not have or need to have an operator's licence....

One could argue that the hirer for each journey is the company taking the bookings.

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Steve.

I know of one firm who pay the driver £10 for a job then bill the company £20. He's on a right screw. He was saying that he was taking £6,000 a week in contracts.

Personally I'm not bothered how much the firm or agency get paid as long as I get paid full meter price. So if meter says £15 I'm happy for the agency to get £30!

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Steve.

OK, thanks for the comments, fellas.

To restate one of my questions:

Is anyone aware of any court cases on this issue?

House & Others v Reynolds (Streamline Taxis Southampton) [1977] RTR 135


http://www.taxi-driver.co.uk/phpBB2/viewtopic.php?t=3775&highlight=streamline+taxis+southampton


Firm making bookings for Hackney Carriage CANNOT charge a booking fee over and above the tariff unless the tariff permits such a fee.

CC

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

Hmmmm, I wonder where this is going?

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Life? Don't talk to me about life!
http://www.youtube.com/watch?v=wjm2eslm6hI

Is a booking fee the same as an administration charge which is applied to account customers?

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Note to self: Just because it pops into my head does NOT mean it should come out of my mouth!!

I would think so if it is a charge over and above the prescribed rate of fare.

I dont agree with Sussex on the credit card transactions either being an extra a driver can charge.....unless of course it is on the farecard.

CC

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

What if the account work being done had been quoted in part of a tender and was awarded in that tender process?

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Life? Don't talk to me about life!
http://www.youtube.com/watch?v=wjm2eslm6hI

I'm not sure, what I can say is that according to the 1847 act you cannot charge more for a fare than the fare prescribed by the LA for fares within its area.

CC

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

The fare charged wouldn't be above the farecard. The 10% would be cost of administration which you would agree to if you wanted an account. Is it not considered seperate from the farecard

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Note to self: Just because it pops into my head does NOT mean it should come out of my mouth!!

Thats all well and good.

But the 1847 act seems to cover that scenario.

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.

CC

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

Ok, just so I understand this properly. What you're saying is if there is to be 10% given to a company for administration then that should come out of the fare, which of course won't be above the farecard tariff?

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Note to self: Just because it pops into my head does NOT mean it should come out of my mouth!!