Taxi Driver Online

You made my point jimbo, Its not legally enforceable by penalty therefore it should never have been added to the table of fares.

Is a byelaw not an ordinance affecting the public, or some portion of the public, imposed by some authority clothed with statutory powers and which orders something to be done or not to be done? And isn't such ordinance accompanied by some sanction or penalty for its non-observance? And is not a byelaw that isn't or cannot be enforced by a sanction or penalty not a byelaw at all?

Regards

JD

_________________
Copyright notice © The contents of this post are copyright of JD and are not to be reproduced outside of TDO without written permission.

Carriage is the optimum word. Any carriage or transportation of persons whether it be luggage, animals or any other entity then that is a legitimate charge. Therefore they become part of the fare by way of charge.

Regards

JD

_________________
Copyright notice © The contents of this post are copyright of JD and are not to be reproduced outside of TDO without written permission.

If HC charge is by time and distance if when you have completed the distance you then have to use time to clean up a mess then can you not keep the meter running while you do so, providing you have the cleaning stuff in your vehicle or agree a time with the customer as to how long it may take for you to clean up after them and they pay accordingly cos they just want to go in the house to bed etc. To be fair though if somebody soils a shop floor etc there's no charge so why do we consider ourselves any different

_________________
Note to self: Just because it pops into my head does NOT mean it should come out of my mouth!!

You will have a cause of action in civil law for compensation, actionable through the small claims court or the county court.

The application of the charge to the tariff card is an attempt to give the event a stronger legal base but to what end and how it would be enforced..I'm not sure.

Yes asking for payment is legal, I think the question being posed is, is it legal to demand via the tariff sheet?

Rather than the small claims court.

_________________
IDFIMH

Thats correct, the wording on the tariff chart is meant to add legitamcy to the perception of legality in favour of a monetary charge. You ask how it would be enforced well I shall tell you, there is no method of enforcement in law and that is why it is meaningless. Except if you are of the opinion that it is part of the fare and then you have the opportunity under section 66 to go to court and recover any monies under a civil debt. Now when you get to court the claiment is going to have to convince the bench that a soiling charge is part of the fare and he entitled under section 66 to bring such a claim. The respondent is going to have to convince the bench that the soiling charge is collateral to the fare and is therefore ultra vires.

Regards

JD

_________________
Copyright notice © The contents of this post are copyright of JD and are not to be reproduced outside of TDO without written permission.

Spot on.

Regards

JD

_________________
Copyright notice © The contents of this post are copyright of JD and are not to be reproduced outside of TDO without written permission.

IN THE SAME WAY IF A COUNCIL RUNS A PENALTY POINTS SCHEME CAN THE SAY WE ATTACHE 4 POINTS TO THE VEHICLE LICENCE & 4 TO YOUR DRIVERS LICENCE.( NOT THE UK ONE )

IF THEY HAVE NOT MADE A BEY-LAW.

_________________
C. Oakes


The Hackney Association Ltd
bbha@btinternet.com

IMHO these schemes are meaningless.
The only legal reason to refuse to renew a licence is if the applicant is deemed "not fit and proper". Each application to be decided on it's own merits, not how many points have been issued.

_________________

http://wingsoverscotland.com/ http://www.newsnetscotland.com/

I think these schemes are crazy and if a council was taken to court over them I think they would lose.

But if it's a choice between a driver getting 4 or 5 or whatever council points on his council license, or that driver losing his license then points are clearly the better option.

_________________
IDFIMH

I dont agree, but, I think you have raised a really good point and worthwhile debate!

I obviously seek your permission to raise the issues within a magazine, although I do promise to metion the website appropriately and forward you a preview, for approvel, prior to forwarding to the editor.

regards

CC

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

I am sure you will do the topic justice and keep it fair and balanced however there seems to be a glut of high profile taxi news at the moment so your options are many.

Regards

JD

_________________
Copyright notice © The contents of this post are copyright of JD and are not to be reproduced outside of TDO without written permission.

So JD,

If the table of fares is effectively a byelaw.....your saying even the waver in section 65 LGMP 1976....;

all other charges in connection with the hire of a vehicle or with the arrangements for the hire of a vehicle

is not a legal avanue?

CC

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

A council can only regulate hackney carriage fares by way of a bye law but obviously there are limits to what a council can reasonably charge for, otherwise they could do what they wan't and the law wasn't designed for that? In my opinion a court might well find a soiling charge outside the boundaries of a council.

Any driver breaching the table of fares for example overcharging, can be prosecuted under the 1847 act. However I would go as far as to say that anyone who did knowingly overcharge a passenger could also be charged under the theft act.

A fare dispute is recoveraable as a civil debt, there is no legal provision in law that criminalises a person who fails to pay the fare except whereby they try to make off without paying, or intentionally try to defraud the driver of his fare.

Regards

JD

_________________
Copyright notice © The contents of this post are copyright of JD and are not to be reproduced outside of TDO without written permission.

Surely the Tariff is a set out of terms/conditions of charges that you can charge for people using the cab, and as such soiling is one of the terms. If someone runs off without paying the fare then more often than not it becomes a civil matter, the soiling prevents you/I from earning our living and therefore becomes a loss - therefore sue able albeit a civil matter.

Other than that post the contents back through their letter box as it belongs to them.

_________________
if you cannot be yourself, then who can you be.