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 Post subject: Contract work Hackneys
PostPosted: Tue Dec 02, 2025 3:08 pm 
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Our Licensing manager is proposing that Hackneys will be allowed to do contract work off the meter through a PH's company app.
I thought this was illegal but he said he can get around this as long as the payment is handled by the company and is pre-booked. Is this right ?


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PostPosted: Tue Dec 02, 2025 5:53 pm 
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No, it’s a load of old Fanny.

Of course hackneys can charge a lower rate than the council’s approved rate if they are stupid enough to do so, but the meter is there for a reason.

In short, if you don’t run the meter how can a Hackney driver be certain they haven’t exceeded the approved rate?

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PostPosted: Tue Dec 02, 2025 6:05 pm 
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The reason he's trying to do this is so that Hackneys can get paid more than what the meter would have run. It is designed to help the local PH company recruiting Hackneys and pay them set fares.


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PostPosted: Tue Dec 02, 2025 6:55 pm 
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Is the work entirely within the licensing area?

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PostPosted: Tue Dec 02, 2025 7:26 pm 
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Yes,Ph company will charge £10/20 for £8 hackney ride.


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PostPosted: Tue Dec 02, 2025 7:32 pm 
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Sotontaxi wrote:
Yes,Ph company will charge £10/20 for £8 hackney ride.


If the work is entirely within the district the driver of a HC cannot lawfully charge more than the fare they are legally obliged to charge via the farecard.

I could go deeper and cite the relevant acts - but you will have byelaws and I'd suggest you refer the council officer to them

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PostPosted: Tue Dec 02, 2025 7:36 pm 
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Sotontaxi wrote:
The reason he's trying to do this is so that Hackneys can get paid more than what the meter would have run. It is designed to help the local PH company recruiting Hackneys and pay them set fares.

It's good that the LO is in favour of hackneys earning more, but there is one really easy way to address that. It's called a fare rise.

A hackney can take a fixed fare job within the local area; it's just that it can't exceed the council's approved rate. That's been the case for nearly 180 years.

I've mentioned it before on TDO that I tried, with other local reps and LOs, to have some kind of surge pricing added to the taxi tariff. There were no trade concerns, and even councillors were on board.

The problem was the law, it's simply not doable. This was confirmed by senior legal opinion. The fella all councils go to gain this kind of advice.

I would suggest you request your LO contact Mr Button before he implements anything unlawful.

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PostPosted: Tue Dec 02, 2025 7:42 pm 
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67 Hackney carriages used for private hire.

(1)No hackney carriage shall be used in the district under a contract or purported contract for private hire except at a rate of fares or charges not greater than that fixed by the byelaws or tables mentioned in section 66 of this Act, and, when any such hackney carriage is so used, the fare or charge shall be calculated from the point in the district at which the hirer commences his journey.

(2)Any person who knowingly contravenes this section shall be guilty of an offence.

(3)In subsection (1) of this section “contract” means—

(a)a contract made otherwise than while the relevant hackney carriage is plying for hire in the district or waiting at a place in the district which, when the contract is made, is a stand for hackney carriages appointed by the district council under section 63 of this Act; and

(b)a contract made, otherwise than with or through the driver of the relevant hackney carriage, while it is so plying or waiting.

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PostPosted: Tue Dec 02, 2025 7:57 pm 
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I know, I've read them. I have questioned him over this.He reckons that he get round this by adding the extra charge as a condition on the fare chart,like we do for soiling. It'll probably say something like "if booked through an operator and extra £10 will be charged"


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PostPosted: Tue Dec 02, 2025 7:57 pm 
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Town Police Clauses Act 1847

55 Agreement to pay more than the legal fare not to be binding, and sum paid beyond the proper fare may be recovered back.

No agreement whatever made with the driver, or with any person having or pretending to have the care of any such hackney carriage, for the payment of more than the fare allowed by any byelaw made under this or the special Act, shall be binding on the person making the same, and any such person may, notwithstanding such agreement, refuse, on discharging such hackney carriage, to pay any sum beyond the fare allowed as aforesaid, and if any person actually pay to the driver of any such hackney carriage, whether in pursuance of any such agreement or otherwise, any sum exceeding the fare to which such driver was entitled, the person paying the same shall be entitled, on complaint made against such driver before any justice of the peace, to recover back the sum paid beyond the proper fare, and moreover such driver shall be liable to a penalty for such exaction not exceeding the sum of [F1level 3 on the standard scale]; and in default of the repayment by such driver of such excess of fare, or of payment of the said penalty, such justice shall forthwith commit such driver to prison, there to remain for any time not exceeding one month, unless the said excess fare and the said penalty be sooner paid.

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PostPosted: Tue Dec 02, 2025 7:58 pm 
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Sotontaxi wrote:
I know, I've read them. I have questioned him over this.He reckons that he get round this by adding the extra charge as a condition on the fare chart,like we do for soiling. It'll probably say something like "if booked through an operator and extra £10 will be charged"


that would maybe be classed as a booking fee

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PostPosted: Tue Dec 02, 2025 8:04 pm 
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Also,the hackney driver wouldn't be paid directly,it would be account work only. Is this legal?


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PostPosted: Tue Dec 02, 2025 8:06 pm 
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Sotontaxi wrote:
I know, I've read them. I have questioned him over this.He reckons that he get round this by adding the extra charge as a condition on the fare chart,like we do for soiling. It'll probably say something like "if booked through an operator and extra £10 will be charged"

However, it's not an additional fixed charge; it's an extra charge from the operator. How on earth can a council pass an extra where no one knows what it will be?

In London, there is a booking fee option for black cabs, currently capped at a maximum of £2. That is an option, but having a taxi approved rate that can be amended at the whim of a licensed PH operator is not something the law allows.

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PostPosted: Tue Dec 02, 2025 8:07 pm 
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Sotontaxi wrote:
Also,the hackney driver wouldn't be paid directly,it would be account work only. Is this legal?

Being paid via a PH operator is quite commonplace throughout the UK.

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PostPosted: Tue Dec 02, 2025 8:12 pm 
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Sotontaxi wrote:
Also,the hackney driver wouldn't be paid directly,it would be account work only. Is this legal?


I think we're getting ahead of ourselves, firstly the booking fee has to be added to the farecard, the fares must be advertised and objections considered

If it was added to the farecard and allowed then how the driver is paid is in my opinion down to the driver to either accept or not carry out the work

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