Taxi Regulations 2015

GM228 · 27-10-2018 07:09PM #1

This is not a request for legal advice or based on any real life situation, but rather a curiosity and is something I had thought about previously and forgot to ask, but a recent thread in the C&T forum got me thinking about this again and so...

I'm curious what others opinions are on Regulation 53 (4) of the Taxi Regulation (Small Public Service Vehicle) Regulations 2015 which basically states that a Taxi driver must charge as per the meter and can no longer (legally) agree to fares in advance unless there is a prior written agreement as follows:-

Taxi Regulation (Small Public Service Vehicle) Regulations 2015 wrote:

Taximeter

53. (4) Except where there is a prior written agreement between the driver or operator of a taxi and the passenger confirming—

(a) the charge for the pre-booked service, and

(b) that the passenger waives his or her right to have the fare calculated using the taximeter,

all fares in respect of journeys undertaken by a taxi shall be calculated using a taximeter fitted and calibrated in accordance with these Regulations.

Where there is such a prior written agreement the driver shall charge the passenger the lessor of the pre-agreed charge or the charge calculated on the taximeter fitted, calibrated and engaged in accordance with pragraph (2) above.

This particular Regulation is persuant to S20(1) (a)(vii) and (j)(ii) of the Taxi Regulation Act 2013:-
　

Taxi Regulation Act 2013 wrote:

Small public service vehicle regulations

20. (1) The Authority may make regulations, to be known in this Act as small public service vehicle regulations ("SPSV regulations") in relation to the following:

(a) the regulation of the operation of a small public service vehicle, including the operation of such a vehicle by its driver, to provide for any or all of the following:

(vii) the operation of any equipment required to be fitted in the vehicle for the purpose of facilitating a hire, including the use of taximeters, machines for issuing receipts and other apparatus
　
<SNIP>
　
(j) the regulation of the duties of a driver of a small public service vehicle, to provide for all or any of the following:

(ii) subject to the requirements of section 23 , the acceptance of a hire

Basically, R53 (4) requires a taxi driver to use and charge as per a meter meaning that they can no longer accept pre-agreed fares (unless a prior written agreement exists). In other words I can no longer jump into a taxi, agree a fare and then have the driver bound by it, if the driver does stick to it he/she commits an offence.
　
The 2013 Act allows the NTA to make regulations in this regard concerning-

(a) the operation of the taximeter, and

(b) the acceptance of hire subject to S23

To me S20(1) (a)(vii) simply allows them to regulate the operation or use of the meter, in other words they can state you must use the meter when someone is in the taxi, but to state the driver charge the fare as per the metered fare and can no longer agree a fare before hire without a written agreement, is that an over reach on the NTAs part?

S20(1) (j)(ii) simply allows them to regulate the acceptance of hire, but is subject to S23 which states:-

Taxi Regulation Act 2013 wrote:

Obligations on public service vehicle drivers towards passengers

23. (1) The driver of a small public service vehicle in respect of which a fare has been agreed in advance of the commencement of the hire, who charges or seeks to charge a fare that is greater than the agreed fare commits an offence and is liable on summary conviction to a class C fine.

Yes, S23 (1) deals with "a fare has been agreed in advance of the commencement of the hire", but the hire does not commence until the hire has actually been agreed to, it does not require prior written agreement in advance, it also makes it an offence to charge more than the agreed price which under the Regulations mentioned above can potentially happen when someone agrees a price, but has no written agreement and the meter fare is actually hire.

So, has the NTA acted ultra vires with R53 (4)? Are there contract law considerations to take account of also? Opinions.

Kevin3 · 27-10-2018 08:23PM

GM228 wrote: »

The 2013 Act allows the NTA to make regulations in this regard concerning-

(a) the operation of the taximeter, and

(b) the acceptance of hire subject to S23

To me S20(1) (a)(vii) simply allows them to regulate the operation or use of the meter, in other words they can state you must use the meter when someone is in the taxi, but to state the driver charge the fare as per the metered fare and can no longer agree a fare before hire without a written agreement, is that an over reach on the NTAs part?

Does the generality of (v) of section 20(1)(a) not cover this?:

(v) the regulation of the hiring of the vehicle (including the commencement of the hiring and the issue of receipts for fares and the recording of fares);

GM228 · 27-10-2018 09:47PM

Kevin3 wrote: »

Does the generality of (v) of section 20(1)(a) not cover this?:

It relates to the hiring of the vehicle, not the reward, the Act deals with both hire and reward and in separate contexts, the hire is the agreement to carry the passenger, the reward is the fare.

For example the requirement to actually turn on and run the meter specifically applies to carriage of a passenger for reward and makes no mention of hire.

No part of S20 seems to give a power in relation the the reward aspect except for restricting or prohibiting driving of the vehicle for hire or reward in specified circumstances. In fact, other than dealing with the issue of receipts for fares, the recording of fares, methods of making payment for fares and setting maximum fares structure the Act affords no other powers to the NTA in relation to fares.

Also the acceptance of hire is subject to not being able to charge more than an agreed fare (the Act does not require a prior written agreement) which would be at odds with a potential situation the Regulations could create where the meter has a higher fare than the agreed one, the Regulations stipulate the meter price must be charged, but if higher than an agreed fare the driver commits an offence as per the Act. Catch 22!

Kevin3 · 28-10-2018 08:46AM

GM228 wrote: »

It relates to the hiring of the vehicle, not the reward, the Act deals with both hire and reward and in separate contexts, the hire is the agreement to carry the passenger, the reward is the fare.

For example the requirement to actually turn on and run the meter specifically applies to carriage of a passenger for reward and makes no mention of hire.

No part of S20 seems to give a power in relation the the reward aspect except for restricting or prohibiting driving of the vehicle for hire or reward in specified circumstances. In fact, other than dealing with the issue of receipts for fares, the recording of fares, methods of making payment for fares and setting maximum fares structure the Act affords no other powers to the NTA in relation to fares.

Also the acceptance of hire is subject to not being able to charge more than an agreed fare (the Act does not require a prior written agreement) which would be at odds with a potential situation the Regulations could create where the meter has a higher fare than the agreed one, the Regulations stipulate the meter price must be charged, but if higher than an agreed fare the driver commits an offence as per the Act. Catch 22!

I think you're having an unreasonably narrow interpretation of the word hire here. The words hire and reward are not separately defined in the act and are not treated as seperate concepts.

The dictionary definition of hire is:

Obtain the temporary use of (something) for an agreed payment.

In the part I quoted about part (v) earlier, further includes references to payment with regard to the word hire:

(v) the regulation of the hiring of the vehicle (including the commencement of the hiring and the issue of receipts for fares and the recording of fares);

In regards the issue of the meter fare being higher than the agreed fare, I don't think there is any conflict because regulation 53 of the Taxi Regulation (Small Public Service Vehicle) Regulations 2015 states:

53. (4) Except where there is a prior written agreement between the driver or operator of a taxi and the passenger confirming—

(a) the charge for the pre-booked service, and

(b) that the passenger waives his or her right to have the fare calculated using the taximeter,

all fares in respect of journeys undertaken by a taxi shall be calculated using a taximeter fitted and calibrated in accordance with these Regulations. Where there is such a prior written agreement the driver shall charge the passenger the lessor of the pre-agreed charge or the charge calculated on the taximeter fitted, calibrated and engaged in accordance with pragraph (2) above.

GM228 · 28-10-2018 09:25AM

Kevin3 wrote: »

I think you're having an unreasonably narrow interpretation of the word hire here. The words hire and reward are not separately defined in the act and are not treated as seperate concepts.

The dictionary definition of hire is:

Obtain the temporary use of (something) for an agreed payment.

Neither is defined, however when dealing with the meter, receipts and actually carrying a person it relates to "for reward" as opposed to "for hire" or "for hire or reward".

For example a PSV licence is a "licence to drive a small public service vehicle for the carriage of persons for reward", hire does not come into play.

They are not the same, there is a reason why "or" separates them and depending on the context only one or the other (or both) are referred to.

You hire a vehicle for the purpose of a reward, that is in line with the OED definition, in fact by failing to allow an agreed payment (unless prior written agreement) the use of the word hire has varied already from the OED definition, in fact that aside the OED definition really has no place in the context of the taxi industry because as the majority of taxi journeys are on the meter then rarely does an "agreed" payment come into play.

Kevin3 wrote: »

In the part I quoted about part (v) earlier, further includes references to payment with regard to the word hire:

(v) the regulation of the hiring of the vehicle (including the commencement of the hiring and the issue of receipts for fares and the recording of fares);

(v) does not reference "payment" with hire, rather it expands on hire in that context but only in relation to the issue of a receipt or the recording of fares (which relates to a previous fare) which is part of the agreement to hire - i.e you get a receipt as part of the hire and I note it down at the end of the hire. That is ancillary to the issue of a reward. It still confers no power to limit the ability to pre agree the reward IMO.

Kevin3 wrote: »

In regards the issue of the meter fare being higher than the agreed fare, I don't think there is any conflict because regulation 53 of the Taxi Regulation (Small Public Service Vehicle) Regulations 2015 states:

That specifically deals with a written pre agreement, that is not what we are talking about though.

Taxi Regulations 2015

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