Taxi Driver Online

What is hire or reward? As if we didn't already know?

Hire or reward is any sort of payment which gives a person a right to be carried on a vehicle regardless of whether a profit is made or not. The payment may be made by the person himself, or on his behalf and may be a direct payment (such as a fare or other payment made directly in respect of the journey) or an indirect payment (such as a membership subscription to a club, payment for a bed in a hotel, school fees or payment for concert tickets). Although such indirect payments are usually made in respect of other services (rather than for transport) they are nonetheless viewed by the courts as hire or reward because anyone who had not made the payment would have no right to be carried.
..................................................................................

Which brings us back to the Pink ladies scenario. hire or reward regardless of whether the payment is made direct or indirect.

Nice one JD

In your opinion would your description of 'hire & reward' cover the Civic Government Act (Scotland) 'with a view to profit' ?


s 23 Interpretation of sections 10 to 22.

(1) In sections 10 to 22 of this Act--

"taxi" means a hire car which is engaged, by arrangements made in a
public place between the person to be conveyed in it (or a person acting on
his behalf) and its driver for a journey beginning there and then; and

"private hire car" means a hire car other than a taxi within the meaning
of this subsection.

(2) In subsection (1) above, "hire car" means a motor vehicle with a driver
(other than a vehicle being a public service vehicle within the meaning of
section 1(1)(a) of the Public Passenger Vehicles Act 1981) which
is, with a view to profit, available for hire by the public for personal
conveyance.

The method of payment is irrelevant as long as some form of payment is made, whether it be money or by some other means. There is lots of case law appertaining to hire and reward payments.

Regards

JD

I meant to respond to this post some time ago so you will have to accept my apologies for only doing so now.

The purpose of section 23 is to interpret the "standing" of both Taxi and Private hire cars. By "standing" I mean the function to which each type of vehicle license applies.

The interpretation of Taxi is set out by stating it is a hire car, which can obtain custom from the street in the form of immediate hire. Whereas the interpretation of "Private hire car" means a car other than a Taxi, as set out in the interpretation of this particular section.

I'm not sure what you mean when you ask, "would the description of hire or reward" cover the CGSA with a view to profit? Hire or reward appertains to a service given where at least one of the parties gains a reward for the service being offered. In some cases the reward element might not be for financial profit but one would assume an advantage of some sort would benefit at least one of the parties?

There have been cases such as the "swallow case" where a vehicle was supplied from a hotel to take members of the public to that hotel for a night out at no charge. The reward was in the custom gained, and not one of monetary payment. The hotel owner was convicted for not having the appropriate licenses to carry out a business of hire or reward.

Taxis and their drivers, likewise Private hire vehicles and their drivers are licensed to carry out hire or reward. The different method of hire makes no difference whatsoever to the actual activity of hire or reward.

Regards

JD

Perhaps the two ingredients of hire or reward can be summed up in this way.

"Systematic carrying of passengers for reward". Is by nature hire or reward.

Acts of "Social kindness". By nature are not hire or reward.

Distinguishing what is in fact an act of social kindness is obviously down to each individual person and it must be remembered that many people who fall foul of hire or reward legislation are prosecuted not under the 1976 act but under Public service vehicle legislation.

The Pink Ladies situation is not an act of social kindness therefore they are operating under hire or reward legislation and need appropriate licenses. In my opinion their activity is illegal and if they are ever taken to court it will be for them to prove that they are exempt from hire or reward legislation whether it be under the 1976 act or the various psv and road traffic acts?

There is lots of case law on TDO regarding hire or reward, including the Sikondar case, which can be found here

http://taxi-driver.co.uk/phpBB2/viewtopic.php?t=3785

The big Daddy case on this subject is Albert v Motor insurance bureau, which is too large to publish on TDO but is in most part refereed to in all such cases of hire or reward.

Regards

JD