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Following a decision by Fiscal Neil Allan not to prosecute a passenger who refused to pay the fare on the meter as a criminal offence, the only recourse for drivers who find themselves in this position is through a civil legal suit - a prohibitively expensive and protracted process.
Now there's no point going to the cop shop, they're not interested.
Taxi drivers in Scotland, according to the Fiscal, alone of all traders, do not have the protection of criminal charges against those who refuse to pay - who steal from them.
This means that anyone can engage a taxi, trump up a dispute or not and just refuse to pay, knowing there's little prospect of the driver taking legal action. A free gratis taxi ride.
In England Statutory Law in the guise of the 1998 Theft Act stipulates that anyone who avails himself of a service, and walks away without paying, is committing an act of Theft. There is no such protection in Scotland.
Rather than Law by Statute as in England, Scots Law is based on Common Law and Case Law. There is therefore no equivalent Law of Theft in Scotland.
Fiscals will only prosecute those who engage a taxi without having the means to pay, and then only when it suits them. They construe this as intent to defraud - Taxi Fraud.
In the case above the individual had money, so according to Fiscal Neil Allan, no fraud had been committed.
The taxi driver believes that the crime was committed when the individual evacuated from the taxi (Actus Reus) and his intent to commit the crime (Mens Rea) was proven when both the police officer and the driver urged him to pay the fare, which he refused to do, so he knew exactly what he was doing.
If this was a shoplifter or someone handed a penalty notice by a police officer for not paying on a train, then criminal charges would be brought. But not for stealing from a taxi driver.
There is a customer complaints procedure through the local authority. Hoverr, the right to make formal complaint and seek redress should not include a right not to pay - of course it doesn't.
The Fiscal's decision has brought chaos to the working lives of cabbies, and represents a real danger to the public.
It's hard going in our economy just now. How long before a hard pressed cabbie, already struggling to make ends meet, decides that because the Law wont give him protection and justice he will therefore take Law into his own hands and mete out his own retribution, just to gain what is rightfully his in the first place?
The Fiscal's intransigent incompetence in this area has placed the public at risk.
An approach has been made to the political arena. Questions are to be asked of the Lord Advocate and the Justice Secretary, Kenny MacAskill.
The story has been given to the press by the MSP involved, both national and local. It will break soon, probably early next week.
Hopefully it will invoke a positive response and a sensible resolution to this problem from senior Law officers and politicians. Theft is theft. Theft is a criminal offence. The same rule should apply here.
The way forward here could be for the individual involved here to be charged, prosecuted, the case heard by a Sheriff and any conviction in the case, subject of course to any appeal process, resulting in the establishing of a new Case law.
In the meantime, the shecht is about to hit the fan. It will cause uproar.
Just remember that this has been a problem for cabbies for as long as we can remember. It needs to be sorted. Short term pain for long term gain. The Police, prosecutors, the council, the taxi trade and customers all need to know what the position is, and it has to offer drivers the same protection as every other trader.
Just remember, our trade can not condone violence. This is a time to keep a cool head and respond with outrage during the debate. Get onto your MSP and tell him what you think, write to the press expressing your disgust.
Let's get this sorted!
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Skull, "You are a police inspector, aren't you?"
Cab Inspector Smith, "Yes."
Skull, "So, are you going to tell Mr Taylor what his rights are?"
Smith, "And ... What rights?"
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