Taxi Driver Online

Row as police tell taxi drivers: Don't bring non-payers to us


Taxi drivers in Bath have expressed concern over what they should do with passengers who refuse to pay fares, after being told not to drive them to the police station.

The situation was brought to a head by a recent incident in which a driver was arrested, although not yet charged, on suspicion of assault causing grievous bodily harm, false imprisonment and dangerous driving following a dispute over an unpaid fare.

Since then taxi drivers in the city have said they feel vulnerable and unsure of their rights when dealing with troublesome passengers.

The latest advice from Avon and Somerset Police is that although it is a criminal offence for someone to get into a taxi without the means to pay, drivers have no authority to keep someone in the vehicle and drive them to a police station.

Ian Dowding, who has been a cabbie for 25 years, said he felt they had been let down by the police.

He said: "Everything that used to back us up as a profession has gone.

"It is all very well telling us to use our commonsense about the passengers we accept, but we have all had smartly dressed people in our cars who then say they have no money."

Fellow driver John Law added: "Would you like to get into a car with £300 in your pocket, drive around a city in the middle of the night and pick up complete strangers? We are in a very vulnerable position."

A document produced by the Bath Taxi Association says that individual drivers have to make a judgment call if they find themselves in a position where a passenger does not pay the fare.

They can either decide to just drop the person and move on, if it does not seem worth risking any trouble, or decide to make a citizen's arrest.

Inspector Steve Mildren, of Bath Police, said: "I have told taxi drivers that technically they would commit an offence of false imprisonment if they refused to let a passenger out of the vehicle.

"Our advice is that drivers should work closely with taxi marshals and should consider measures such as asking passengers for pre-payment of fares.

"If someone refuses to pay at the end of a journey, then that is an offence and the police will investigate it and take action against the passenger."

The sticking point is that technically a passenger has not committed an offence until they actually get out of the vehicle, meaning that if someone implied they were not going to pay it would not be sufficient grounds for a citizen's arrest.

Meanwhile taxi drivers were also annoyed about parking arrangements around the Orange Grove taxi rank at the launch of the Christmas Market last week.

Drivers say they were the ones ordered to move on by traffic wardens when the road became blocked by traders' vehicles trying to drop off for the market.

A spokesman for B&NES Council said it would be taking action against any coaches or vans which were illegally parked in the area.

"The council has told the taxi drivers that a marshal will be monitoring Orange Grove and contacting a civil enforcement officer to conduct enforcement action if necessary."

source: http://www.thisisbath.co.uk/news/

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

and it wont be long before the next email/newletter/postal request...


ok mate, you scratch my back, ill scratch yours, next non-payer is coming your way

So would that mean a store detective cant hold you against your will after a shop lifting spree?

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now a licensed hackney driver

Quote of the year !!

I'd say so yep.

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Do not argue with an idiot. He will drag you down to his level and beat you with experience.

Believe me, don't get Mercury X2

They can if they make a citizens arrest, according to the above.

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Grandad,

So!!!! I am making a citizens arrest and taking you to the station!!!!!!!!!!!

What am I missing.

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

help and support from the rozzers for a start

but i find it odd, cos cops really like cases where the crime/victim/perp are all done and dusted/gulty cos its 100% for thier crime figures

Quote the theft act to the police and they've got to arrest them.

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Do not argue with an idiot. He will drag you down to his level and beat you with experience.

Believe me, don't get Mercury X2

Of course if none of us bothered to report these crimes because we do not get backed up...............then it is going to show that RECORDED crime is down.

In effect he should be asked is he attempting to massage the stats. He will probably issue a statement in the next year or so telling everybody how successful he has been in driving crime down.......Liar.

A couple of years ago I had a serious problem with a customer, and low and behold they apparently could not find any of his finger prints in the cab, even though I knew that they were there and so they let him go. The bottom line is that due to their laziness one of their own was assaulted some 18 months later by the same guy.

"Give them an inch and they will take a mile" and that is why crime is rising.

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

Same scenario in Brum until recent months, except a charge of kidnapping of passenger against the driver was also involved.

The trick is to say to the passenger, "If you don't pay the fare, I'll take you to the police station."

And keep repeating that until the passenger say, "Well take me to the f*cking police station then, see if I f*cking care!"

Now you CAN take them to the police station, because you are acting on the passenger's instructions.

And when you arrive at the police station, tell the police that the passenger requested to be driven to the police station.

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Kind regards,

Brummie Cabbie.

Type a message, post your news,
Disagree with other members' views;
But please, do have some decorum,
When debating on the TDO Forum.

It would perhaps be better if all cabs were fitted with CCTV with audio, then the driver could advise the passenger he is under a citizens arrest for breaking the law in connection with section 11 of the Fraud Act 2006.

http://www.taxi-driver.co.uk/phpBB2/viewtopic.php?t=13367&highlight=fraud+act+2006

Actions a driver could take:

1. Phone the police.
   
2. You can take the offender to the police station, but you must be aware that you are making a citizen's arrest.
   
3. You need to be clear on the offence you are arresting for and tell the offender you are taking this action.
   
4. You have the right to arrest as the offence is an “arrestable offence”.
   
5. You can use reasonable force. Broadly that means you can only use force if the offender is resisting, and can only use sufficient force to apprehend. This is complicated and subjective.

If force has to be used you are advised not to do so. You run the risk of injury to yourself and damage to your vehicle. If you injure the passenger you could be charged, you have to account for the force used.

As the offence is not a very “serious” one , it is not worth using 'reasonable force' better to let the offender go and report the matter.

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