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 Post subject: Hacks and Apps
PostPosted: Fri Aug 02, 2019 9:33 am 
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Joined: Thu Nov 29, 2018 10:05 am
Posts: 23
This was a bit of musing on my part. Uber's surge pricing makes it impossible for a HC to operate in their area on Uber as they'd end up charging more than meter rate for a fare (no idea how Ola run), its a similar deal for HCs working for PH ops that charge more than meter rate.

If the provider quotes a customer say £10 and then subs the job to a HC, where the job would clock £8 on the meter. If the customer were to pay the provider £10 and the provider were to pay the HC £8 has the law been broken? My understanding in this instance is that the company that subbed the work out is the "hirer" in the arrangement and thus the meter fare restriction should only apply to them, what they subsequently charge their client is a separate contract.


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 Post subject: Re: Hacks and Apps
PostPosted: Fri Aug 02, 2019 11:05 am 
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Joined: Wed Sep 03, 2003 7:30 pm
Posts: 43324
Location: 1066 Country
Quote:
My understanding in this instance is that the company that subbed the work out is the "hirer" in the arrangement and thus the meter fare restriction should only apply to them, what they subsequently charge their client is a separate contract.

My view is the driver is the one who would have breached the act.

A rather bad analogy (best I can think of at the mo) is my Ford allows me to drive 100 mph +.

Should I do that would Ford be liable for a speeding fine as well?

Clearly not.

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 Post subject: Re: Hacks and Apps
PostPosted: Fri Aug 02, 2019 3:06 pm 
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Quote:
67 Hackney carriages used for private hire.

(1)No hackney carriage shall be used in the district under a contract or purported contract for private hire except at a rate of fares or charges not greater than that fixed by the byelaws or tables mentioned in section 66 of this Act, and, when any such hackney carriage is so used, the fare or charge shall be calculated from the point in the district at which the hirer commences his journey.

(2)Any person who knowingly contravenes this section shall be guilty of an offence.

(3)In subsection (1) of this section “contract” means—
(a)a contract made otherwise than while the relevant hackney carriage is plying for hire in the district or waiting at a place in the district which, when the contract is made, is a stand for hackney carriages appointed by the district council under section 63 of this Act; and
(b)a contract made, otherwise than with or through the driver of the relevant hackney carriage, while it is so plying or waiting.


Grabbed the relevant legislation (I think).

There doesn't seem to be any mention over who this metered fare is to be applied to. Does it apply to the passenger or the person or entity that engaged the driver? The way I read it is that as long as the driver doesn't charge the hirer (in this case the PH company) more than meter rate, the money charged to the passenger by that private hire company is beyond the knowledge and control of the driver.


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 Post subject: Re: Hacks and Apps
PostPosted: Sat Aug 03, 2019 2:18 am 
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Location: 1066 Country
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Does it apply to the passenger or the person or entity that engaged the driver?

Don't think it really matters who has been charged, it's a simple case of a charge being made.

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