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 Post subject: Question of the month
PostPosted: Thu Apr 03, 2008 8:05 pm 
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If a hackney carriage driver, having just received a radio job, puts the meter on straight away and includes the fare to the job as part of the total fare, is he in breach of any act? :?

My initial thoughts were yes, but is that scenario any different from this one, in terms of legality.

A hackney carriage driver parked on the rank is approached by a customer who wants the taxi to follow him home so he can then park up and get into the taxi for a fare.

In that case I would imagine we would all put on the meter when we follow the customer home. Well at least I would.

So what's the difference? :?

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PostPosted: Thu Apr 03, 2008 8:16 pm 
Well ! up here if the job is rural and a good hike, the telephonist/controller usually informs the caller that the meter will be started at city boundary, bridge etc : so, can't see any illegalities nor breaches there if the customer is in agreement.


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PostPosted: Fri Apr 04, 2008 2:05 am 
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Don't know about the legislation, but I think it's basically an implied term in the contract that the meter starts at the commencement of the hire, unless of course something different is agreed.

As for following someone home from the rank, I wouldn't normally put the meter on until the person got into the car, but if it involved a lot of dead mileage then I would either decline the job or charge for the dead mileage but inform the person first.


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PostPosted: Fri Apr 04, 2008 2:09 am 
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Sussex wrote:
If a hackney carriage driver, having just received a radio job, puts the meter on straight away and includes the fare to the job as part of the total fare, is he in breach of any act? :?



In London on most accounts, you can charge a 'run in' on the meter which is around the £4 if I remember correctly.

I'll find out more when Com Cab get round to fitting the Taxi out with a terminal sometime this century. :roll:


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PostPosted: Fri Apr 04, 2008 7:17 am 
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Fae Fife wrote:
Don't know about the legislation, but I think it's basically an implied term in the contract that the meter starts at the commencement of the hire, unless of course something different is agreed.

I suppose it all boils down to whether the hire starts with the phone call, or with the punter in the car.

Contractually I think it could be viewed as the contract is when the customer contacts the punter, either in person or via the phone. :?

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PostPosted: Fri Apr 04, 2008 7:19 am 
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It's relatively simple to me. the hire starts when the passenger is told.... whether it be on the phone or on the streets :wink:

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PostPosted: Fri Apr 04, 2008 9:05 am 
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Sussex wrote:
Fae Fife wrote:
Don't know about the legislation, but I think it's basically an implied term in the contract that the meter starts at the commencement of the hire, unless of course something different is agreed.

I suppose it all boils down to whether the hire starts with the phone call, or with the punter in the car.

Contractually I think it could be viewed as the contract is when the customer contacts the punter, either in person or via the phone. :?


A contract is made after 3 things have happened so I am told. Firstly an offer has to be made. Secondly the offer has to be accepted and thirdly a consideration has to be paid. So based on this unless you take a deposit when the taxi is booked no contract exists.

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PostPosted: Fri Apr 04, 2008 10:49 am 
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If a customer phones a booking office asking to be taken from A to B, that is the contract being offered. It is up to the booking office to decide which car gets the job.
It could be different if the customer requests a specific cab or driver.
Because the customer in this instance hired the cab from the rank to follow him home (he doesn't have to be in the cab to have hired it) then the hire starts there and then.
If he had asked to hire the cab in 15 mins time from a specific address then the hire would start in 15 mins time at that address, provided the driver accepted the hire.

tx_op wrote:
Well ! up here if the job is rural and a good hike, the telephonist/controller usually informs the caller that the meter will be started at city boundary, bridge etc : so, can't see any illegalities nor breaches there if the customer is in agreement.


We generally only do this if the hire isn't coming back to the city either. Because you are picking up out of your area you can basically charge whatever you want, provided the customer is informed in advance how the fare is to be calculated.

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PostPosted: Fri Apr 04, 2008 2:36 pm 
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GBC wrote:
Sussex wrote:
If a hackney carriage driver, having just received a radio job, puts the meter on straight away and includes the fare to the job as part of the total fare, is he in breach of any act? :?



In London on most accounts, you can charge a 'run in' on the meter which is around the £4 if I remember correctly.

I'll find out more when Com Cab get round to fitting the Taxi out with a terminal sometime this century. :roll:


Com Cab run ins vary according to the account from £2.40 to £5.80 as a rule though I have seen them as high as £10 in special cases.

You need to keep hassleing them GBC, it does speed them up.

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PostPosted: Fri Apr 04, 2008 3:47 pm 
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Bart wrote:
You need to keep hassleing them GBC, it does speed them up.


I called Tony Ellis yesterday, he now reckons 5 weeks. :doubt:

Have you been fitted with the new Digitax system?


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PostPosted: Sat Apr 05, 2008 5:28 am 
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GBC wrote:
Have you been fitted with the new Digitax system?


Not yet

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PostPosted: Sat Apr 05, 2008 7:38 pm 
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Sussex wrote:
A hackney carriage driver parked on the rank is approached by a customer who wants the taxi to follow him home so he can then park up and get into the taxi for a fare.

In that case I would imagine we would all put on the meter when we follow the customer home. Well at least I would.

So what's the difference? :?


Any taxi hired on a rank is entitled to put his meter on at the point of hire, which in this case would be at the taxi rank. The driver of the hackney carriage would no doubt negotiate with the passenger if the passenger wanted to start the hire at another place and time.

If a driver having followed a person home found that the intended hire was cancelled then how legal would it be for the driver to claim money off the intended passenger if the agreement was for the hire to start at the home of the hirer?

I've always been of the opinion that contract law would play a great part in offences that centred around fares. Surprisingly I haven't come across a case that specifically used contract law as a defence against the accusation of overcharging or agreeing a fare?

Regards

JD

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PostPosted: Sat Apr 05, 2008 8:14 pm 
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JD wrote:
I've always been of the opinion that contract law would play a great part in offences that centred around fares. Surprisingly I haven't come across a case that specifically used contract law as a defence against the accusation of overcharging or agreeing a fare?

I suspect the firms usually pay up before it goes to court, and even if it does it would only be the 'small claims' court.

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 Post subject:
PostPosted: Sun Apr 06, 2008 9:49 am 
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The meter should be started at the commencement of the journey and then stopped at the end of the hiring.

According to our council.

This apparently is to allow a person with 2 shopping trolley's overflowing with shopping to load the vehicle before the meter goes on ............... we argued against it to no avail.

B. Lucky :D

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PostPosted: Sun Apr 06, 2008 2:18 pm 
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GA wrote:
The meter should be started at the commencement of the journey and then stopped at the end of the hiring.

According to our council.

Then your council is wrong. :?

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