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PostPosted: Fri Nov 01, 2013 1:10 pm 
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edders23 wrote:
A Hailo fare is not a Flag/rank job therefore it is a "private Hire" which just happens to be being done by a taxi therefore if the punter has entered a contract to pay £10 then that is legal surely ?

I think this is more about hailo trying to hang onto the drivers on the system than profiteering after all if your App is being abused by silly punters trying to get a taxi to take them round the corner to the shop because it is raining the drivers will quit the system in droves when they realise they are getting rubbish fares from it and without the drivers on board hailo can't operate


A HC is not a PH. It is bound by the law regarding HC at all times.

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PostPosted: Fri Nov 01, 2013 1:17 pm 
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edders23 wrote:
A Hailo fare is not a Flag/rank job therefore it is a "private Hire" which just happens to be being done by a taxi therefore if the punter has entered a contract to pay £10 then that is legal surely ?


A hackney within it's area is always a hackney and cannot be a private hire. We have hackney drivers round here that think that if a customer phones them it is a private hire job and they don't need to use the meter and can charge what they like. I think they are wrong. Apart from anything else, the don't have a private hire operators license.

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PostPosted: Fri Nov 01, 2013 1:29 pm 
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STRATFORD-ON-AVON DISTRICT COUNCIL v VINCENT DYDE (2009)

[2009] EWHC 3011 (Admin)

A taxi driver who conveyed passengers by taxi for a fixed fare which greatly exceeded the metered fare for that journey would be acting contrary to the Local Government (Miscellaneous Provisions) Act 1976 s.67. It was irrelevant that the fare had been arranged between the passengers and the taxi firm where the taxi driver knew that it was a criminal offence to undertake such journeys and knew that the fare was excessive.

DC (Sullivan LJ, Openshaw J)


London has its own laws, which I don't really know much about :wink:

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PostPosted: Fri Nov 01, 2013 3:22 pm 
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The only time i think its legal is a shared hire scheme, where its a fixed amount per person.


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PostPosted: Fri Nov 01, 2013 4:35 pm 
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grandad wrote:
A hackney within it's area is always a hackney


It is still a hackney even when outwith it's area. It is never a PH, regardless of the type of work it is doing.

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PostPosted: Fri Nov 01, 2013 5:13 pm 
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gusmac wrote:
grandad wrote:
A hackney within it's area is always a hackney


It is still a hackney even when outwith it's area. It is never a PH, regardless of the type of work it is doing.

Of course, but out of area, a hackney driver can charge what he likes and doesn't have to use the meter.

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PostPosted: Fri Nov 01, 2013 8:24 pm 
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So if a circuit has both hackneys and Ph the hackneys aren't allowed to do fixed price jobs ?

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PostPosted: Fri Nov 01, 2013 9:09 pm 
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edders23 wrote:
So if a circuit has both hackneys and Ph the hackneys aren't allowed to do fixed price jobs ?


They can, provided it's out of area or below the meter price. Probably still need to run the meter, even if they are charging less.

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PostPosted: Sat Nov 02, 2013 5:05 am 
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Well the carriage office has gone silent.

I still think with all the various schemes and fares like the 'golden fare rank' (£20 min) that have been sanctioned over the years by them, that they'll struggle to outlaw this.

That said, even with a £15 minimum, I still picked up two punters who couldn't get a taxi on failo this morning.

Wonder what's next? Minimum of £35 between 1am and 4am? :?


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PostPosted: Sat Nov 02, 2013 8:24 pm 
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GBC wrote:
Well the carriage office has gone silent.

I suspect they are waiting to see what Hailo have got to say for themselves.

Looking at the London Acts (care of Mr Button) it appears that section 40 of the 1934 London Cab Act states that all fares must accord with the scale laid down by the authorities i.e. TfL, and section 10 of the 1869 Met Public Carriage Act clearly shows any driver who charges more than that laid down is liable for prosecution.

I'm certain this will happen unless Hailo have a rethink.

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PostPosted: Sat Nov 02, 2013 11:54 pm 
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but what does the legislation which allowed "minicabs" say because surely that has some bearing on this ?

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PostPosted: Sun Nov 03, 2013 12:04 pm 
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edders23 wrote:
but what does the legislation which allowed "minicabs" say because surely that has some bearing on this ?



None at all - that's a PH Act

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PostPosted: Sun Nov 03, 2013 6:03 pm 
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edders23 wrote:
but what does the legislation which allowed "minicabs" say because surely that has some bearing on this ?

Why?

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PostPosted: Sun Nov 03, 2013 7:50 pm 
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What i am trying to get at is does TFL see this as a PH operation albeit the vehicles in use are licensed as Hackneys which can cover "bookings" and which might choose to only do hailo bookings and not bother taking rank work or flagdowns i.e. act as a private hire which a Hackney can do surely ?

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PostPosted: Sun Nov 03, 2013 9:24 pm 
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edders23 wrote:
What i am trying to get at is does TFL see this as a PH operation albeit the vehicles in use are licensed as Hackneys which can cover "bookings" and which might choose to only do hailo bookings and not bother taking rank work or flagdowns i.e. act as a private hire which a Hackney can do surely ?

Anything relating to a booking being undertaken by a London taxi has no PH relevance.

TfL are only interested in ensuring taxi laws are kept too, IMO the Hailo minimum charge is illegal for most hirings of two miles or less. (depending on the time of day)

Well actually the Hailo rate isn't illegal, it's the drivers who are acting outside of the law.

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