The Commission for Taxi Regulation issued proceedings against a Castlebar taxi driver for three breaches against the taxi regulation act for failing to operate a taxi metre when in hire; failing to provide a receipt; and charging more than the maximum fare when in hire, which led to the driver appearing before Castlebar District Court on Wednesday.
Noel McNally, an authorised taxi regulation officer, outlined to the court that on January 22 this year he was on enforcement duty in Castlebar area with his colleague Joe Kineen. Mr McNally sat into the taxi of Seamus Canning, Garryduff Court, Castlebar, at the taxi rank on Main Street, Castlebar at 12.17pm and asked Canning to drive him the short distance to St Patrick’s Avenue, near Mayo General Hospital.
Mr McNally noted that the defendant had ID on display but did not put the metre on during the duration of the journey and at the end of the taxi ride asked for €5 — a journey of this distance should cost €4.10. Mr McNally asked Canning for a receipt. The driver issued Mr McNally a receipt for €4.10, but it did not relate to the journey as it did not show the amount of kilometres travelled.
The defendant was then contacted by the Commission for Taxi Regulation and was asked to attend for interview at Mayo County Council Offices on February 10 2009 to discuss the three breaches. Following the interview a fixed charge penalty notice for €250 was handed to Canning, however, he refused to take it and did not pay the charge.
Canning, who represented himself, told the court that he agreed a €5 fare when Mr McNally sat in the car and reiterated the €5 fare when asked at the end of the journey. The defendant said that he did issue a receipt, which was not relevant to the journey, but “I didn’t refuse to issue one”. Canning also said that if the €5 fare had not been agreed on that the taxi metre would have been used. As for not paying the €250 penalty, Canning said that he felt that he did nothing wrong and so did not pay it.
The defendant explained that “we do things differently here than in Dublin” as some taxis in town are only charging €5 for a local fare, even if it would cost more that €5 as there is competition among the taxis, “so we are giving good value”.
Judge Mary Devins asked how the general person when obtaining a PSV licence would learn about regulations to which she was told that a new skills development and regulation course is now in place for future applicants whereas before the gardaí vetted the drivers.
The court heard that a taxi operator is perfectly entitled to discount the fare by writing the amount of the discount in the discount section of an issued receipt and can also have pre-agreement of fares with passengers in writing; but can’t charge in excess.
Judge Devins said that she would like to consider the matter as there has only been one case of a similar nature before the courts in this district and judge adjourned the case to Castlebar District Court sitting on July 1.
