Taxi Driver Online

A BID by a private hire car firm to offer cheaper fares has been blocked after it was denied permission to change its meters.

Edinburgh City Private Hire, the largest private hire operator in the Capital, had asked the council for permission to reset the tariff on the meters of its 450 vehicles, and intended to offer a discount of up to 30 per cent on fares.

But followinADVERTISEMENTg objections from two of the city's black cab firms the decision has been postponed until it can be discussed by the Hire Car Consultation Group.

Central Taxis and City Cabs have argued against the change, saying any alteration to the meters could lead to wider problems for the industry, and if exclusive to private hire cars would offer them a competitive advantage.

Following a licensing meeting, it was agreed to delay approval of the change, which the council has accepted in principal.

Kevin Woodburn, a director of Edinburgh City Private Hire and the chair of the Edinburgh Private Hire Association, said he was frustrated by the move.

His company has now taken out an advert in the Evening News, as well as other papers, criticising the council for "making it impossible" to offer customers a discount. Mr Woodburn said the firm was taking legal advice over whether the council had any right to stop it altering the meters.

"We wanted to bring in a change to the meter so that our customers could see the discount," he said. "Our drivers can already work out a discount, but this is time- consuming and open to problems.

"I am really concerned that the council has not allowed us to do this so it can refer the matter to the public hire companies, as it has nothing to do with them."

Bill Purnell, chairman of Central Taxis, insisted that neither his company nor City Cabs had any problem with private hire companies offering lower fares.

But he said there were far wider implications from altering the meter, and said other options were available.

These included a "Glasgow model", where there were no meters in the cars and fares were calculated by a central computer.

"We are not objecting to discounted fares," he said. "What we are concerned about is altering the meter fare. Customers are used to meters and they trust them, but if these changes are brought in it will allow different fares to be set on meters by different private hire drivers, so you could have 400 different fares.

"That could lead to confusion and so there would be less trust in the meters. My concern is that people on a Friday or Saturday night who get charged different fares could become agitated."

What kind of Money must they have been charging and huge profits could they be making that allows them to offer a 30% Discount...they,ve either been raking it off the punters for years with high prices and are now fearful because the recession hit punter wants true value for money or the whole pricing system for tarrifs is naturally to high.

Id be out of Business within a few weeks if I dropped 30% of my fares..im sure most all of us would be.

I always thought that PH could set there own fares, so why do they need permission off the council???

looks like some company bosses cant trust its drivers to give a price for a run without fear of the driver possibly pocketing any so called discount..thats why it has to be a Metered price and not manually priced.

Like the old saying goes..."He that trusts no one is apt to be trusted by no one himself"

Mr Woodburn, please stop fannying about and take the council to court over this issue.

Despite what the council may think, they can't prescribe your fares, or the way you calculate them.

_________________
IDFIMH

A cab cartel if you please?

http://deadlinescotland.wordpress.com/2 ... rtel-1643/

_________________
IDFIMH

it sounds like a job for the Traffic Commissioner to me

So who's claiming they are?

No one's forcing them to fit meters, but once they do it's the same ball game as the taxis.

The legislation says:

"If any person demands fares or other charges in respect of the hire of a taxi or for the hire of a private hire car which is fitted with a taximeter in excess of the scales established under sections 17 and 18 of this Act, he shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding £2,500."

Sussex, do you know of any UK council which allow meters to show less than the official tariff?

Any I know off say that meters must show the council rate, but of course it's open to drivers to discount.

Clearly the problem that the PH boss in Edinburgh has is wanting to fit meters showing less than the council tariff.

_________________
Dundee rocks. Almost.

South of the border under the LG(MP) Act 1976, Private Hire may charge whatever rate they wish & each Private Hire company / firm may charge whatever they wish; there is no such thing as the council tariff as far as Private Hire is concerned.

Private Hire companies & as I understand it individual Private Hire drivers may or may not have a taximeter fitted in their company's or individuals PHVs. The tariff on any taximeter fitted to a PHV is determined by the PH firm or PH individual driver, which will obviously run at the rate set by the PH company / firm that any such individual works for. None of these rates are set by the council.

However, ONCE A TAXIMETER IS FITTED TO A PHV, the council has the right to test that taximeter to verify the accuracy of the meter's calibration to the tariff as set by the PH company / firm & if within tolerances the meter is fitted with a seal. Testing & sealing of taximeters in Brum would be caried out by Birmingham City Council Trading Standards Dept.

Of course, Scottish law could be completely different to this!!

_________________
Kind regards,

Brummie Cabbie.

Type a message, post your news,
Disagree with other members' views;
But please, do have some decorum,
When debating on the TDO Forum.

Licensing and regulation of taxis and private hire cars
10.— Taxi and private hire car licences.
(1) A licence, to be known as a “taxi licence” or, as the case may be, a “private hire car licence”,
shall be required for the operation of a vehicle as—
(a) a taxi; or
(b) a private hire car.
(2) A licensing authority shall not grant or renew a taxi licence or private hire car licence unless
they are satisfied that the vehicle to which the licence is to relate is suitable in type, size and design
for use as a taxi or private hire car, as the case may be, and is safe for that use, and that there is in
force in relation to the vehicle such a policy of insurance or such security as complies with Part VI
of the Road Traffic Act 1972.
(3) Without prejudice to paragraph 5 of Schedule 1 to this Act, the grant of a taxi licence may be
refused by a licensing authority for the purpose of limiting the number of taxis in respect of which
licence are granted by them if, but only if, they are satisfied that there is no significant demand for
the services of taxis in their area which is unmet.
(4) [A vehicle shall, for the purposes of subsection (2) above, be treated by a licensing authority—
(a) as being suitable in type, size and design if it complies with regulations in that regard
made by the Secretary of State under section 20(2) of this Act in respect of their area; and
(b) as not being so suitable if it does not so comply. ]8
(5) A taxi licence or private hire car licence shall extend to the operation of a vehicle substituted
for the vehicle in respect of which the licence was granted or, as the case may be, last renewed if
the licensing authority are as respects the substitute vehicle satisfied as to the matters specified in
subsection (2) above, and where a taxi licence or private hire car licence extends under this subsection
to a substitute vehicle, subsection (6) below shall not apply in respect of the vehicle replaced by
the substitute vehicle.
(6) Subject to subsection (5) above, the holder of a taxi or private hire car licence shall within 28
days of his selling or otherwise disposing of the vehicle to which the licence relates deliver to the
licensing authority his licence and any licence plate or other thing which has been issued by the
licensing authority for the purpose of indicating that the vehicle is a taxi or, as the case may be,
7 words added by Local Government (Transitional Provisions) (Scotland) Order 1995/1878 art. 3(c)
8 existing text renumbered as s.10(4)(a), words are inserted and s.10(4)(b) is added by Disability Discrimination
Act 1995 c. 50 Pt V s. 39(2)
(Represents Current Law in Force - for pending amendments see Prospective Law on Westlaw UK.)
Civic Government (Scotland) Act 1982 Page 8
private hire car, and if without reasonable excuse he fails to do so he shall be guilty of an offence
and liable, on summary conviction, to a fine not exceeding level 2 on the standard scale.

12. Fees for taxi and private hire car licences.
A licensing authority shall charge such fees in respect of taxi and private hire car licences and
applications for such licences as may be resolved by them from time to time and shall seek to ensure
that the total amount of such fees is sufficient to meet the expenses incurred by them in carrying
out their functions under sections 10 to 23 (other than section 19) of this Act in relation to such
licences.
13.— Taxi and private hire car driving licences.
(1) A licence, to be known as a “taxi driver's licence” or, as the case may be, a “private hire car
driver's licence”, shall, subject to subsection (2) below, be required for driving or otherwise having
charge of a taxi or private hire car.
(2) A private hire car driver's licence shall not be required by the holder of a taxi driver's licence
for driving or otherwise having charge of a private hire car whilst in operation as such.
(3) A licensing authority shall not grant a licence to any person under this section unless that person
has held, during any continuous period of 12 months prior to the date of his application, a licence
authorising him to drive a motor car issued under Part III of the Road Traffic Act 1972 or a licence
which would at the time of his application entitle him to such a licence without taking a test, not
being a provisional licence.
(Represents Current Law in Force - for pending amendments see Prospective Law on Westlaw UK.)
Civic Government (Scotland) Act 1982 Page 9
(4) A licensing authority may, at any time, for the purposes of satisfying themselves that he is
physically fit to drive a taxi or, as the case may be, private hire car, require an applicant for or
holder of a taxi driver's licence or private hire car driver's licence to submit to medical examination,
at their expense, by a medical practitioner nominated by them.
(5) A licensing authority may require an applicant for a taxi driver's licence to take a test of his
knowledge of the area to which the licence is to relate, of the layout of roads in that area and such
other matters relating to the operation of a taxi as the authority consider desirable, and the authority
may refuse to grant a licence to a person who does not satisfy them that he has adequate knowledge
of any of these matters.
(6) If a person holding a licence under this section ceases for any reason to be authorised by law
to drive on a road […] 9 the vehicle to which the licence relates, the licence shall cease to have
effect.
14.— Signs on vehicles other than taxis.
(1) Subject to subsection (2) below, there shall not be displayed on or in a private hire car any
word, sign, notice, mark, illumination or other feature which may suggest that the vehicle is available
for hire as a taxi.
(2) Subsection (1) above does not apply in relation to any licence plate or other thing issued by
the licensing authority for the purpose of indicating that the vehicle to which it relates is a private
hire car or in relation to any sign required by virtue of section 21 of the Vehicles (Excise) Act 1971.
(3) Any person who—
(a) drives a vehicle in respect of which subsection (1) is contravened; or
(b) causes or knowingly permits that subsection to be contravened in respect of any vehicle,
shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding [level 3
on the standard scale]10 .
15.— Operation of taxis outside licensing areas.
(1) A licensing authority, with the agreement of another licensing authority, may name destinations
or classes of destinations in the area of the other authority and, with the agreement aforesaid, fix
scales under section 17 of this Act for journeys from their area by taxis licensed by them to such
destinations or classes thereof.
(2) The conditions to which a taxi driver's licence are subject shall continue to apply while the taxi
or its driver is engaged in such a journey.
(3) Nothing in this section or in Part I of this Act enables a condition to be imposed in a taxi driver's
licence requiring him to make any journey to a destination outside the area in respect of which he
is licensed.
16. […]11
9 Words repealed by Road (Scotland) Act 1984 (c.54), s. 156(3), Sch. 11
10 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c.21), s. 289G
11 Inserts s. 75(2A) in Local Government (Miscellaneous Provisions) Act 1976 (c. 57)
(Represents Current Law in Force - for pending amendments see Prospective Law on Westlaw UK.)
Civic Government (Scotland) Act 1982 Page 10
17.— Taxi fares.
(1) The fares for the hire of taxis in any area and all other charges in connection with the hire of
a taxi or with the arrangements for its hire shall be not greater than those fixed for that area under
this section and section 18 of this Act.
(2) It shall be the duty of the licensing authority to fix from time to time scales for the fares and
other charges mentioned in subsection (1) above and to review these scales at intervals not exceeding
18 months from the date on which the scales came into effect (whether proceeding upon a review
under this section or not).
(3) Before fixing any scales or carrying out any review under this section the licensing authority
shall—
(a) consult with persons or organisations appearing to them to be, or be representative of,
the operators of taxis operating within their area; and
(b) give notice of their intention by advertisement in a newspaper circulating in their area
stating—
(i) the general effect of the proposals and the date when they propose that their
decision will take effect; and
(ii) that any person may lodge representations in writing with respect to the
proposals within a period of one month after the date of the first publication of the
notice; and
(c) consider any such representations duly lodged with them.
(4) Where, under this section, the licensing authority fix any scale or carry out any review they
shall forthwith give notice in writing of their decision (including, in the case of a review, a decision
to do nothing) to such persons and organisations as they have consulted under subsection (3)(a)
above and inform them of the general effect of section 18(1) of this Act.
(5) Notice shall be given for the purposes of subsection (4) above by—
(a) its being sent by recorded delivery letter to the last known addresses of the persons
and organisations referred to in subsection (4) above so as to arrive there, in the normal
course of post, not later than five days after the decision referred to in subsection (4) above;
or
(b) personal service of the notice upon those persons within that time.
18.— Appeals in respect of taxi fares.
(1) Any person who operates a taxi in an area for which scales have been fixed or in respect of
which a review has been carried out under section 17 of this Act may, within 14 days after the
decision upon the scales or, as the case may be, upon the review, appeal against these scales to the
traffic [commissioner]12 for the Scottish Traffic Area as constituted for the purpose of the Public
Passenger Vehicles Act 1981.
(2) The traffic [commissioner] 13 may hear an appeal under this section notwithstanding that it
was not lodged with [him]14 within the time mentioned in subsection (1) above.
12 Word substituted by Transport Act 1985 (c.67), s. 3, Sch. 2 Pt. II para. 5(a)
13 Word substituted by Transport Act 1985 (c.67), s. 3, Sch. 2 Pt. II para. 5(a)
14 Word substituted by Transport Act 1985 (c.67), s. 3, Sch. 2 Pt. II para. 5(b)
(Represents Current Law in Force - for pending amendments see Prospective Law on Westlaw UK.)
Civic Government (Scotland) Act 1982 Page 11
(3) On an appeal to them under subsection (1) above, the traffic [commissioner]15 may—
(a) confirm or alter the scales; or
(b) may decline to proceed—
(i) at any stage in the appeal, on the grounds that [he considers ] 16 the case for
the appellant is not representative of the view of a substantial proportion of the
operators of taxis operating in the area of the licensing authority;
(ii) if less than two years have elapsed since [he decided] 17 an appeal against a
decision of the same authority in respect of the same scale, and [he considers ] 18
it inappropriate that [he should consider]19 the matter again.
(4) An appeal under this section shall have the effect of suspending the decision referred to in
subsection (1) above until the date when the appeal is abandoned or, as the case may be, when
notice is given to the appellant advising him of its disposal.
(5) Where [he alters]20 scales under subsection (3)(a) above, the traffic [commissioner]21 may
substitute a different date for the coming into effect of these scales.
(6) The Secretary of State may [by order made by statutory instrument]22 make rules as to procedure
in relation to appeals under this section.
(7) The decision of the traffic [commissioner]23 on an appeal under this section shall be final.
(8) The traffic [commissioner]24 shall give notice of [his]25 decision in writing to the appellant
and to the licensing authority and notice shall be given to the appellant by—
(a) its being sent by recorded delivery letter to his last known address or, as the case may
be, to them so as to arrive, in the normal course of post, not later than five days after [his]26
decision; or
(b) personal service of the notice on the appellant within that time.
(9) As soon as practicable after the expiration of the period of 14 days referred to in subsection
(1) above or, where an appeal has been lodged, on the date when it is abandoned or when notice is
given to the appellant of its disposal, the licensing authority shall, by advertisement in a newspaper
circulating in their area, give public notice of the scales which have been determined under section
17 of this Act and this section and the date when they come into effect which shall be not earlier
than seven days after the date of the advertisement.
15 Word substituted by Transport Act 1985 (c.67), s. 3, Sch. 2 Pt. II para. 5(a)
16 Words substituted by Transport Act 1985 (c.67), s. 3, Sch. 2 para. 5(c)
17 Words substituted by Transport Act 1985 (c.67), s. 3, Sch. 2 para. 5(c)
18 Words substituted by Transport Act 1985 (c.67), s. 3, Sch. 2 para. 5(c)
19 Words substituted by Transport Act 1985 (c.67), s. 3, Sch. 2 para. 5(c), it is provided that in s. 18
20 Words substituted by Transport Act 1985 (c.67), s. 3, Sch. 2 para. 5(d)
21 Word substituted by Transport Act 1985 (c.67), s. 3, Sch. 2 Pt. II para. 5(a)
22 Words inserted by Transport Act 1985 (c.67), s. 139(2), Sch. 7 para. 23(2)
23 Word substituted by Transport Act 1985 (c.67), s. 3, Sch. 2 Pt. II para. 5(a)
24 Word substituted by Transport Act 1985 (c.67), s. 3, Sch. 2 Pt. II para. 5(a)
25 Word substituted by Transport Act 1985 (c.67), s. 3, Sch. 2 Pt. II para. 5(e)
26 Word substituted by Transport Act 1985 (c.67), s. 3, Sch. 2 Pt. II para. 5(e)
(Represents Current Law in Force - for pending amendments see Prospective Law on Westlaw UK.)
Civic Government (Scotland) Act 1982 Page 12
(10) A licensing authority shall pay the expenses incurred under this section by the traffic
[commissioner]27 in relation to appeals under this section.
(11) […]28
19.— Taxi stances.
(1) A licensing authority may, after consultation with persons or organisations appearing to them
to be, or be representative of, the operators of taxis operating in their area, appoint stances for taxis
for the whole or any part of a day in any road within their area or on any land owned by the authority,
or, with the consent of the owner, on any land owned by him.
(2) A licensing authority may—
(a) erect and illuminate signs;
(b) cause lines or marks to be made on roads;
indicating the limits of taxi stances.
(3) A licensing authority may from time to time, after consultation as mentioned in subsection (1)
above, vary the number of taxis permitted to be at each stance and alter the position of such stances
or revoke the appointment thereof.
(4) Before appointing any stance for taxis or varying the number of taxis permitted to be at each
stance, the licensing authority shall give notice to the chief constable of the area in which the stance
is situated and shall also give public notice of the proposal by advertisement in at least one newspaper
circulating in their area and shall take into consideration any objections or representations in respect
of such proposal which may be made to them in writing within 28 days of the first publication of
such notice.
(5) Nothing in this section shall empower a licensing authority to appoint any taxi stance so as
unreasonably to prevent access to any premises or, without the consent of the [roads authority ] 29
, to appoint any taxi stance on any highway or erect or illuminate any sign there or cause any line
or mark to be made on any road […] 30 .
20.— Regulations relating to taxis and private hire cars and their drivers.
(1) Notwithstanding paragraph 5(2) of Schedule 1 to this Act, the Secretary of State may by
regulations provide that licensing authorities shall, in relation to taxi, private hire car, taxi drivers'
or private hire car drivers' licences, impose such conditions or classes of conditions as may be
prescribed in the regulations and shall not impose such other conditions or classes of conditions as
may be so prescribed and may provide that such conditions shall be imposed or, as the case may
be, shall not be imposed for different areas or classes of areas; and different conditions or classes
of conditions may be prescribed in relation to different categories of taxi or private hire car..
27 Word substituted by Transport Act 1985 (c.67), s. 3, Sch. 2 Pt. II para. 5(a)
28 Amends Tribunals and Inquiries Act 1971 (c. 62), Sch. 1 Pt. II
29 Words substituted by Roads (Scotland) Act 1984 (c.54), s. 156(1), Sch. 9 para. 87(2)(a)
30 Words repealed by Roads (Scotland) Act 1984 (c.54), s. 156(1)(3), Sch. 9 para. 87(2)(c), Sch. 11
(Represents Current Law in Force - for pending amendments see Prospective Law on Westlaw UK.)
Civic Government (Scotland) Act 1982 Page 13
(2) The Secretary of State may by regulations prescribe types, sizes and designs of vehicles for
the purposes of section 10(4) of this Act and, in doing so, may prescribe different types, sizes or
designs of vehicles in respect of different areas.
(2A) Without prejudice to the generality of subsections (1) and (2) above, regulations under those
subsections may make such provision as appears to the Secretary of State to be necessary or
expedient in relation to the carrying in taxis of disabled persons (within the meaning of section
1(2) of the Disability Discrimination Act 1995) and such provision may in particular prescribe—
(a) requirements as to the carriage of wheelchairs, guide dogs, hearing dogs and other
categories of dog;
(b) a date from which any such provision is to apply and the extent to which it is to apply;
and
(c) the circumstances in which an exemption from such provision may be granted in respect
of any taxi or taxi driver,
and in this subsection—
“guide dog” means a dog which has been trained to guide a blind person;
“hearing dog” means a dog which has been trained to assist a deaf person; and
“other categories of dog” means such other categories of dog as the Secretary of State may
prescribe, trained to assist disabled persons who have disabilities of such kinds as he may
prescribe.
[ (2AA) The Scottish Ministers may by regulations make such provision as appears to them to be
necessary or expedient in relation to the carrying in private hire cars of disabled persons (within
the meaning of section 1(2) of the Disability Discrimination Act 1995 (c. 50)) and such provision
may in particular prescribe—
(a) requirements as to the carriage of guide dogs, hearing dogs and other categories of
dogs;
(b) a date from which any such provision is to apply and the extent to which it is to apply;
and
(c) the circumstances in which an exemption from such provision may be granted in respect
of any private hire car or private hire car driver,
and in this subsection “guide dog”, “hearing dog” and “other categories of dog” have the same
meaning as in subsection (2A) above.
(2AB) Regulations under subsection (2AA) above may provide for the creation of offences and
for making offenders liable on summary conviction to a fine not exceeding level 3 on the standard
scale.
(2AC) Regulations under subsection (2AA) above shall be made by statutory instrument subject
to annulment in pursuance of a resolution of the Scottish Parliament. ]31
(3) Regulations under subsection (1) or (2) above shall be made by statutory instrument subject
to annulment in pursuance of a resolution of either House of Parliament.
21.— Offences.
(1) If any person—
31 added by Private Hire Vehicles (Carriage of Guide Dogs etc.) Act 2002 c. 37 s. 2
(Represents Current Law in Force - for pending amendments see Prospective Law on Westlaw UK.)
Civic Government (Scotland) Act 1982 Page 14
(a) operates, or permits the operation of, a taxi within an area in respect of which its
operation requires to be but is not licensed or the driver requires to be but is not licensed,
or
(b) picks up passengers in, or permits passengers to be picked up by, a private hire car
within an area in respect of which its operation requires to be but is not licensed or the driver
requires to be but is not licensed,
that person shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding
level 4 on the standard scale.
(2) Subsection (1) above does not apply to the operation of a taxi or private hire car within an area
in respect of which its operation or its driver is not licensed if the request for its hiring was received
by its driver (otherwise than in a public place from the person to be conveyed in it, or a person
acting on his behalf, for a journey beginning there and then) whilst—
(a) in the area or in that part thereof in respect of which its operation and its driver are
licensed;
(b) engaged on hire on a journey which began in that area or part or will end there; or
(c) returning to that area or part immediately following completion of a journey on hire.
(3) Subsection (1)(b) above does not apply to the operation of a vehicle within an area in respect
of which its operation or its driver is not licensed if there are in force—
(i) in respect of the vehicle, a licence under section 37 of the Town Police Clauses Act
1847 (licensing of hackney carriages) or section 48 of the Local Government (Miscellaneous
Provisions) Act 1976 (licensing of private hire vehicles); and
(ii) in respect of its driver, a licence under section 46 of the said Act of 1847 (licensing of
hackney carriage drivers) or, as the case may be, section 51 of the said Act of 1976 (licensing
of drivers of private hire vehicles).
[ (3A) Subsection (1)(b) above does not apply to the operation of a vehicle within an area in respect
of which its operation or its driver is not licensed if there are in force—
(a) in respect of the vehicle, a licence under section 7 of the Private Hire Vehicles (London)
Act 1998; and
(b) in respect of its driver, a licence under section 13 of that Act.
]32
(4) If any person, being the holder of a taxi licence or private hire car licence in respect of a vehicle,
permits another person who does not have a current taxi driver's licence or private hire car driver's
licence, as the case may be, to operate the vehicle as a taxi or, as the case may be, a private hire
car he shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level
4 on the standard scale.
(5) If any person demands fares or other charges in respect of the hire of a taxi or for the hire of a
private hire car which is fitted with a taximeter in excess of the scales established under sections
17 and 18 of this Act, he shall be guilty of an offence and liable on summary conviction, to a fine
not exceeding level 4 on the standard scale.
(6) If any person without good cause breaks the seal on a taximeter or operates or drives a taxi or
private hire car knowing that the seal on its meter has been broken, he shall be guilty of an offence
and liable, on summary conviction, to a fine not exceeding level 4 on the standard scale or to
imprisonment for a period not exceeding 60 days or to both.
32 added by Private Hire Vehicles (London) Act 1998 c. 34 Sch. 1 para. 3
(Represents Current Law in Force - for pending amendments see Prospective Law on Westlaw UK.)
Civic Government (Scotland) Act 1982 Page 15
(7) If any person, without reasonable excuse, causes or permits any vehicle other than a taxi to
wait on any stance for taxis during any period for which that stance has been appointed by a licensing
authority under section 19 of this Act, he shall be guilty of an offence and liable, on summary
conviction, to a fine not exceeding level 2 on the standard scale.
(8) Notice of the effect of subsection (7) above shall be indicated by such traffic signs as may be
prescribed as authorised for the purpose by the Secretary of State in pursuance of his powers under
section 54 of the Road Traffic Regulation Act 1967.
22. Saving for certain vehicles etc.
Nothing in sections 10 to 21 (with the exception of subsection (7) of section 21) of this Act shall—
(a) apply to a vehicle used for bringing passengers or goods within and taking them out
of an area in respect of which the vehicle is not licensed as a taxi or a private hire car in
pursuance of a contract for the hire of the vehicle made outside the area if the vehicle is not
made available for hire within the area;
(b) apply to a vehicle while it is being used in connection with a funeral or wedding;
(c) apply to any vehicle while it is being used for carrying passengers under a contract for
its exclusive hire for a period of not less than 24 hours.
23.— Interpretation of sections 10 to 22.
(1) In sections 10 to 22 of this Act—
“taxi” means a hire car which is engaged, by arrangements made in a public place between
the person to be conveyed in it (or a person acting on his behalf) and its driver for a journey
beginning there and then; and
“private hire car” means a hire car other than a taxi within the meaning of this subsection.
(2) In subsection (1) above, “hire car” means a motor vehicle with a driver (other than a vehicle
being a public service vehicle within the meaning of section 1(1)(a) of the Public Passenger Vehicles
Act 1981) which is, with a view to profit, available for hire by the public for personal conveyance.
(3) Notwithstanding that a vehicle in respect of which there is a licence for its operation as a taxi
is, on any occasion, engaged as a hire car otherwise than in the manner referred to in subsection
(1) above, the enactments relating to its operation as a taxi, and to the driving of it as such (including
any such enactments in this Act) shall nonetheless apply in relation to it; and that other manner of
engagement on that occasion shall not of itself cause the operation or driving of the licensed taxi
to be regarded for the purposes of this Act as the operation or driving of a private hire car within
the meaning of subsection (1)

Thanks for that, BC, it would seem that the position north and south of the border is the same to the extent that it's optional for PH to fit meters, but when they do then the licensing authority then takes an interest.

You say that PHVs in England with a meter fitted can decide their tariff, but by virtue of the section from the Scottish legislation I quoted earlier when a PHV has a meter fitted it's treated identically to a taxi:

"If any person demands fares or other charges in respect of the hire of a taxi or for the hire of a private hire car which is fitted with a taximeter in excess of the scales established under sections 17 and 18 of this Act, he shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding £2,500."

I don't think the legislation actually says that the meter has to read the official tariffs - it just says that if it has a meter then the driver can't charge more than the official tariff.

But councils seem to rule that the meter must read the official tariff, which doesn't seem unreasonable, and by extension this would apply to a PHV when a meter is fitted.

Thus perhaps the pertinent question in relation to England is whether any councils allow HCs to have a meter set at less than the official rate.

And might there be councils in England who insist on PHVs showing the official tariff if they have meters fitted, ie unlike Birmingham, or even LAs who insist on PHV meters whether or not the operators/owners/drivers want them?

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Dundee rocks. Almost.

EDINBURGH City Council has hit back over allegations that it stopped a private hire firm offering discounted fares.

In an advert in yesterday's Evening News, Edinburgh City Private Hire said the council had "made it impossible" for it to offer customers a discount of up to 30 per cent.

The company wants to alter the metered tariff in its cars but the move has ADVERTISEMENTbeen delayed by the council, which decided to refer the matter to its hire car consultation group for further discussion before it is formally agreed.

After seeing the advert, the council insisted it had not placed any restriction on private hire companies giving discounts.

Councillor Colin Keir, who chairs the regulatory committee said: "I'm shocked that this company has said it can't offer discounts.

"Private hire companies can agree any price they like as long as it is not higher than the standard tariff. It is complete misinformation to say that our committee decision on Friday prevents them from doing that.

"Private hire companies are not obliged to have meters but many choose to do so and we encourage that. However, all taxis must have them. So, if we're going to have a change in meter rates that will affect taxi users, it's only right that we do that properly

A PRIVATE hire cab boss has blasted what he calls a ‘cartel’ of black cab firms after they blocked his cars from offering discounts.

Edinburgh City Private Hire – the largest private operator in the capital – is unable to go ahead with its planned 30 per cent price cut after black cab firms Central Taxis and City Cabs persuaded the Edinburgh City Council put off the decision – citing unfair competition.

The firm’s boss, Kevin Woodburn, said the move by its rivals had “made it impossible” to slash their prices.

He said: “All we want to do is have a sliding scale to help people to live further out of the city.“But the black cabs in this city have a cartel situation – and they’re trying to preserve their monopoly.

“They told the council this is ‘unfair competition’ – but that’s ridiculous.

“This is having a detrimental effect on our business.

“It’s like saying Tesco can’t change their prices to compete with Sainsbury’s.

“The public can decide which fare they want to go with – all were asking for is fair treatment.”

Woodburn’s firm have taken out adverts in several newspapers – blasting the council for tying their hands.

But the black cab firms said the move was open to abuse, allowing individual private cab drivers to vary their prices as they wished.

Bill Purnell, chairman of Central Taxis, insisted that Edinburgh’s black cab firms had no problem with private hire firms cutting prices – but said the change in fares was open to abuse.

He said: “We are not objecting to discounted fares – what we are concerned about is altering the meter fare.

“Customers are used to meters and they trust them, but if these changes are brought in it will allow different fares to be set on meters by different private hire drivers – so you could have 400 different fares.

“That could lead to confusion and so there would be less trust in the metres.

“My concern is that people on a Friday night or Saturday night who get charged different fares could become agitated.”

The private hire firm’s prices will be fixed until the Hire Car Consultation Group meets to discuss the issue later this year.

Bill Purnell chairman of Central Taxis, insisted that Edinburgh’s black cab firms had no problem with private hire firms cutting prices – but said the change in fares was open to abuse.

He said: “Our main objection is to the meters being altered.

“We don’t have a problem with customers getting a discount.

“The potential is there for customers – whether visitors or residents – to be charged completely different rates for the same journey.

“It also confuses the customers and they don’t know what the standard fare is.

“You don’t have to a meter to run a taxi cab – but if you do it must be fixed.

“Every city in Britain operates the same policy where rates are fixed by the council

“Black cab drivers have a knowledge of the city, whereas many private hire drivers use TomToms.

“Your discount could go quite quickly if your driver doesn’t know the route.”

When asked what he thought of Kevin Woodburn’s allegations that the Edinburgh’s black cabs work as a cartel, he said: “That’s stupid – for Kevin Woodburn to say we are a cartel is absolute nonsense.

“There are three main black taxi companies in Edinburgh and over 400 independently run cabs.

“And we don’t fix fares – the council does.”

A City of Edinburgh Council spokesman said: “Any changes to private hire car licence conditions would need to be discussed at the next Hire Car Consultation Group, which will be meeting next month.”

City of Edinburgh Council said the claims were nonsense.

Councillor Colin Keir, who chairs the regulatory committee, condemned the claims: “I’m shocked that this company has said it can’t offer discounts.

“Private hire companies can agree any price they like as long as it not higher than the standard tariff.

“It is complete misinformation to say that our committee decision on Friday prevents them from doing that.”

He added: “Private hire companies are not obliged to have meters but many choose to do so and we encourage that.

“However, all taxis must have them. So, if we’re going to have a change in meter rates that will affect taxi users, it’s only right that we do that properly.

“The public should be able to expect consistency and transparency in metered rates, else there is the potential for confusion at best and unfair charging at worst.

“We did actually agree with this proposal in principle, but we have to make decisions on meter rates openly and fairly.

“One of the other reasons for consulting on this is that we need to find the best way of making sure it’s clear to the public when they are paying a standard or discounted fare.”

I suspect there are a lot of PH who have their meters set at a lower rate than the set taxi tariff.

But my reading of the act is that PH can't set a higher rate on their meters than the taxi set rate. I think Mr PH wants to have a lower set rate for his PH fleet.

Can't see him losing in court TBH.

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IDFIMH

OK, so the Scottish Act more clearly links PH meters with the official taxi(HC) tariff than (I assume) the English legislation does, thus that links to my more specific question yesterday, ie do you know any council which allows Hackney Carriages to set their meters at less than the official tariff?

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Dundee rocks. Almost.