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Waiting time
http://www.taxi-driver.co.uk/phpBB2/viewtopic.php?f=5&t=28254		 Page 1 of 2
Author:  grandad [ Wed Dec 23, 2015 9:20 am ]
Post subject:  Waiting time
According to our council we can't start the meter until the passenger has entered the vehicle. one of our drivers had a situation a few days ago whereby she was at the pick up point on time and the customer was aware of this. It took a further 15 minutes for the customer to fill the car with household belongings before she could set off and a further 15 minutes at the destination. Our Council have told her that she can't charge waiting time for this situation. It should have been a 10 minute job for a £4.00 fare, instead it was a 40 minute job for a £4.00 fare. Our table of fares has a waiting time provided.
Is our licensing officer correct or not?
Author:  roythebus [ Wed Dec 23, 2015 10:28 am ]
Post subject:  Re: Waiting time
In my view the meter starts as soon as the punter starts loading the car.
Author:  trotskys twin [ Wed Dec 23, 2015 4:27 pm ]
Post subject:  Re: Waiting time
grandad wrote:
According to our council we can't start the meter until the passenger has entered the meter. one of our drivers had a situation a few days ago whereby she was at the pick up point on time and the customer was aware of this. It took a further 15 minutes for the customer to fill the car with household belongings before she could set off and a further 15 minutes at the destination. Our Council have told her that she can't charge waiting time for this situation. It should have been a 10 minute job for a £4.00 fare, instead it was a 40 minute job for a £4.00 fare. Our table of fares has a waiting time provided.
Is our licensing officer correct or not?


You don't know mister Tory Councillor ffs :badgrin: :badgrin:
Author:  x-ray [ Wed Dec 23, 2015 7:53 pm ]
Post subject:  Re: Waiting time
" until the passenger has entered the meter " ?

Our council advises " bums on seats " personally, as soon as I've been hired/ hailed the meter is on. My only exception is wheelchairs, in which case the meter is on but I stop the waiting time until I'm moving.
Author:  Sussex [ Wed Dec 23, 2015 7:53 pm ]
Post subject:  Re: Waiting time
grandad wrote:
According to our council we can't start the meter until the passenger has entered the meter.

So if someone books a car for 11.00am and doesn't get in the car till 11.10am it's the driver that swallows it?

I don't think so.

A driver doing a semi removal job can only put the meter on when his car is full of the punters stuff?

I don't think so.

The meter is merely a calculator of the time and distance you have been contracted to do. If a punter contracts you to do a job at a certain time, or undertake a task apart from driving, then the meter goes on then.

You licensing officer is wrong.
Author:  grandad [ Wed Dec 23, 2015 8:54 pm ]
Post subject:  Re: Waiting time
Sussex wrote:
grandad wrote:
According to our council we can't start the meter until the passenger has entered the meter.

So if someone books a car for 11.00am and doesn't get in the car till 11.10am it's the driver that swallows it?

I don't think so.

A driver doing a semi removal job can only put the meter on when his car is full of the punters stuff?

I don't think so.

The meter is merely a calculator of the time and distance you have been contracted to do. If a punter contracts you to do a job at a certain time, or undertake a task apart from driving, then the meter goes on then.

You licensing officer is wrong.

This is what our officers are saying. I sometimes wonder if they know how it should be. It has been pointed out that by adopting that policy they are forcing drivers, in certain circumstances, to be working for less that the minimum wage. Their answer was basically if you don't like it go PH. Reminded me of Marie Antoinette and "let them eat cake".
Author:  cabbyman [ Wed Dec 23, 2015 10:05 pm ]
Post subject:  Re: Waiting time
Has this never been tested in court? It's such a fundamental point, when does the contract commence.
Author:  grandad [ Wed Dec 23, 2015 10:13 pm ]
Post subject:  Re: Waiting time
cabbyman wrote:
Has this never been tested in court? It's such a fundamental point, when does the contract commence.

I have always thought that it was at the booked time providing you were at the pick up point and had let the person know you were there.
Author:  Blueknight [ Thu Dec 24, 2015 9:28 am ]
Post subject:  Re: Waiting time
If the hackney is plying on a rank, or hailed, then the meter (fare) commences at the time the punter enters the hackney (bums on seats).
Where a hackney is pre-booked to be at a pick-up location at a defined time then section 57 TPCA 1847 comes into play: -

57 - Deposit to be made for carriages required to wait. Penalty on the driver refusing to wait, or to account for the deposit.

When any hackney carriage is hired and taken to any place, and the driver thereof is required by the hirer there to wait with such hackney carriage, such driver may demand and receive from such hirer his fare for driving to such place, and also a sum equal to the fare of such carriage for the period, as a deposit over and above such fare, during which he is required to wait as aforesaid (there's more - read it for yourself)

My reading of that section says that the driver can demand a "deposit" (payment) for the time/distance in travelling to the pick-up point and for any waiting time. Starting at the pre-arranged pick-up time till the time the punter enters the vehicle.

It's the Law - suggest that your L.O. tries reading the Law
Author:  grandad [ Thu Dec 24, 2015 9:51 am ]
Post subject:  Re: Waiting time
Blueknight wrote:
If the hackney is plying on a rank, or hailed, then the meter (fare) commences at the time the punter enters the hackney (bums on seats).
Where a hackney is pre-booked to be at a pick-up location at a defined time then section 57 TPCA 1847 comes into play: -

57 - Deposit to be made for carriages required to wait. Penalty on the driver refusing to wait, or to account for the deposit.

When any hackney carriage is hired and taken to any place, and the driver thereof is required by the hirer there to wait with such hackney carriage, such driver may demand and receive from such hirer his fare for driving to such place, and also a sum equal to the fare of such carriage for the period, as a deposit over and above such fare, during which he is required to wait as aforesaid (there's more - read it for yourself)

My reading of that section says that the driver can demand a "deposit" (payment) for the time/distance in travelling to the pick-up point and for any waiting time. Starting at the pre-arranged pick-up time till the time the punter enters the vehicle.

It's the Law - suggest that your L.O. tries reading the Law

The important bit would be the definition of "hired". This seems a bit vague. Is the vehicle "hired" when dispatched, before the vehicle arrives at the pick up point? Is the vehicle "hired" when it arrives on time at the pick up point? Is the vehicle "hired" when the passenger(s) have entered the vehicle and the vehicle is ready to depart?
Author:  Blueknight [ Thu Dec 24, 2015 10:05 am ]
Post subject:  Re: Waiting time
When does the hiring commence? In my opinion when the customer says, "I want" and the proprietor/driver says, "Okay". That is when the contract (Hiring) is formed/agreed. That would be at the time the booking is made/accepted.
If it were anything other than that S57 would not include mention of "driving to such place" and "period ... during which he is required to wait".
Author:  MR T [ Thu Dec 24, 2015 11:04 am ]
Post subject:  Re: Waiting time
A hackney is hired when the driver and hirer make contact.....he pulls up outside their house and they come out....he is hired........his meter goes on...time and distance......But.......if.......he is doing a p/h job he has to charge their rate.. if a hackney does not put his meter on he is committing an offence......
Author:  grandad [ Thu Dec 24, 2015 11:34 am ]
Post subject:  Re: Waiting time
MR T wrote:
A hackney is hired when the driver and hirer make contact.....he pulls up outside their house and they come out....he is hired........his meter goes on...time and distance......But.......if.......he is doing a p/h job he has to charge their rate.. if a hackney does not put his meter on he is committing an offence......

Thanks Mr T, This is what most of us agree on. obviously not our licensing team. Is there any case law that can be quoted to support this position?
Author:  MR T [ Thu Dec 24, 2015 11:42 am ]
Post subject:  Re: Waiting time
grandad wrote:
MR T wrote:
A hackney is hired when the driver and hirer make contact.....he pulls up outside their house and they come out....he is hired........his meter goes on...time and distance......But.......if.......he is doing a p/h job he has to charge their rate.. if a hackney does not put his meter on he is committing an offence......

Thanks Mr T, This is what most of us agree on. obviously not our licensing team. Is there any case law that can be quoted to support this position?

Ask them if you don't put the meter on ...are you committing an offence....and why do meters have waiting time..
Author:  wannabeeahack [ Thu Dec 24, 2015 10:27 pm ]
Post subject:  Re: Waiting time
Our school transport team says wait 3 minutes from contact....

as for taxi work, same again, acknowledgement of arrival + 5 minutes is plenty and id put the clock on.....if we had waiting time

:x
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