DEFENDING ALLEGATIONS OF TOUTING FOR PRIVATE HIRE
There has been much publicity in recent years about the danger of lone women, or indeed men, flagging down a taxi following a night out.
Whilst the vast majority of taxi drivers are honest and hardworking, there have been many cases of either licensed or unlicensed drivers picking up vulnerable people and allegations of sexual assault have followed. This has led to many local authorities cracking down on taxi drivers who pick up fares that are not pre-booked through their control room.
More and more taxi drivers find themselves being prosecuted for the offence of “soliciting for hire”. This is particularly the case in London and Greater Manchester, where such prosecutions are increasing.
The maximum penalty upon conviction for this offence is a fine of up to £2,500. As a result, a prosecution for driving without insurance may also be brought. The penalty for which is a disqualification of up to 12 months or between 6 and 8 penalty points. A fine of up to £5,000 can also be imposed. This often results in taxi drivers facing the loss of their driving licence, the revocation of their private hire licence and ultimately, the loss of their livelihood.
However, Sarah Hamblett of the Olliers Motorlaw Department, explains that these cases are often defendable:
“In order to be convicted of this offence the Crown must prove beyond reasonable doubt that the taxi driver made an offer or invitation to a potential fare. As most of these cases arise from undercover officers requesting that a taxi driver takes them to a specified location and asking for an estimate of the fare, the offence is not made out and the driver must be acquitted. This position is supported by little known caselaw.”
We would advise any taxi driver facing prosecution for “soliciting for hire” to seek expert legal advice before simply accepting guilt.
Sarah Hamblett is a specialist Motoring Lawyer at Olliers Solicitors. For more information on the services offered by the motoring team visit www.olliersmotorlaw.co.uk.
Olliersmotorlaw is part of Criminal Defence Firm Olliers, www.olliers.com.
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