Sussex wrote:
JD wrote:
Section 71 of the Local Government (Miscellaneous Provisions) Act 1976 states.
I've always read that as saying that the meter must be council approved, not necessarily the rate.
If a council officer seals that meter then a case could be made that they approve that rate, and I'm not sure that's allowed.
IMO it should be the operator themselves that seal and check their PH meters, cos it's them were the bucks stops.
The council doesn't set the rate it only seals the meter and checks if the meter is at the correct rate which the private hire company has set.
Section 80 Interpretation of Part II states.
"taximeter" means any device for calculating the fare to be charged in respect of any journey in a hackney carriage or private hire vehicle by reference to the distance travelled or time elapsed since the start of the journey, or a combination of both;
I think sections 71, 80 and 60 combined, probably give the council the authority to police overcharging by P/H drivers who have meters fitted, if the company Tariff supplied by the P/H firm to the council is abused?
Section 68 states.
68 Fitness of hackney carriages and private hire vehicles Any authorised officer of the council in question or any constable shall have power at all reasonable times to inspect and test, for the purpose of ascertaining its fitness, any hackney carriage or private hire vehicle licensed by a district council, or any taximeter affixed to such a vehicle, and if he is not satisfied as to the fitness of the hackney carriage or private hire vehicle or as to the accuracy of its taximeter he may by notice in writing require the proprietor of the hackney carriage or private hire vehicle to make it or its taximeter available for further inspection and testing at such reasonable time and place as may be specified in the notice and suspend the vehicle licence until such time as such authorised officer or constable is so satisfied:
Provided that, if the authorised officer or constable is not so satisfied before the expiration of a period of two months, the said licence shall, by virtue of this section, be deemed to have been revoked and subsections (2) and (3) of section 60 of this Act shall apply with any necessary modifications.
Perhaps it could be construed that where a meter is fitted it should be in working order and sealed by the council, at the registered tarrif. One would assume any departure and in particular overcharging from the registered tariff was a breach of these conditions.
However you will know better than me who has responsibility of the sealing of meters in the P/H sector. I'm sure there are some posters on TDO who have meters and can perhaps tell us how their own council approaches the issue?
I'll find out tomorrow what the exact position is because although Hackneys have their fares set by councils backed up through bylaws etc it doesn't specifically say in the 1976 act that there is an actual offence for overcharging by P/H drivers. Excepting it does mention tampering with meters etc etc where the punishment could be revocation or suspension of the license.
Without doubt this P/H meter business needs clarifying because I can't think of any court cases specifically relating to P/H drivers charging more than what is on the meter?
Regards
JD
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