Q3. Is it legal for taxi drivers to charge additional fares when a typhoon No. 8 signal or black rainstorm warning signal is issued?
No. No registered owner or driver of a taxi shall charge for the hiring of the taxi a fare exceeding the appropriate scale of fares specified in Schedule 5 of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D): see Regulation 47(2) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D).
There is no stipulation under Schedule 5 of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D) that additional fares could be charged when a typhoon No.8 signal or black rainstorm warning signal is issued. Therefore, the charge of an additional fee may contravene Regulation 47(2) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D).
Any person who without reasonable excuse contravenes Regulation 47(2) commits an offence and is liable on conviction to a fine at $10,000 and to imprisonment for 6 months: see Regulation 57(4) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D).
Hiring of vehicle
However, the registered owner of a taxi, may hire the vehicle to any person at a rate of hire based on the time during which the vehicle is hired with or without additional charge in respect of the mileage travelled by the vehicle while it is so hired, or on such other terms as may be agreed with the hirer: see Regulation 38(1) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D).
A condition of the hiring of a vehicle may be that it shall be driven only by a person in the employ of the registered owner of the vehicle or that such a person is provided to drive the vehicle: see Regulation 38(2) of Road Traffic (Public Service Vehicles) Regulations (Cap. 374D).
Furthermore, under Regulation 38(3) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D), before a vehicle is hired under Regulation 38(1) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D), the registered owner and hirer shall complete and sign 2 copies of a document which shall contain the following particulars –
- The rate or scale of charges applicable to the hiring;
- Details of the third party risks insurance held in respect of the vehicle; and
- The names and addresses of the persons who are permitted to drive the vehicle while it is the subject of the hiring and the numbers of their driving licences.
The registered owner shall retain one copy of the document and shall produce it on demand by a police officer made within 3 months after the commencement of the hiring: see Regulation 38(4) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D).
The hirer shall retain one copy of the document and shall produce it on demand by a police officer made during the continuance of the hiring: see Regulation 38(5) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D).
Thus, in the present case, in any event it is very difficult under such an emergent situation to form a hire agreement as between the registered owner of the taxi and the hirer. Even if such hire agreement can be formed between the registered owner of the taxi and the hirer, the formalities stated above must be complied with.
Thus, unless other hire agreement has been reached pursuant to Regulation 38 of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D), the driver of a taxi shall not charge a fare exceeding the appropriate scale of fares specified in Schedule 5 of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D), even if a typhoon No. 8 signal or black rainstorm warning signal is issued.