A constituent asks:

Section 17(1) of The Hackney Carriage (London) Act 1853 states that a taxi driver cannot take or demand [from the consumer] more than the metered fare (when the trip starts and finishes within the GLA).

Section 73(2) of the Consumer Rights Act 2015 states: In subsection (1) “mandatory statutory or regulatory provisions” includes rules which, according to law, apply between the parties on the basis that no other arrangements have been established.

Can you confirm the operating rules which apply, ie is it right to presume that if a taxi driver makes an arrangement with a consumer prior to the trip starting and where the trip starts and finishes within the GLA, then the taxi driver (and consumer) can rely on section 73 of the Consumer Rights Act 2015; meaning the taxi driver can take from the consumer any agreed amount over the metered fare as an agreement has been made outside of the regulatory provisions (the regulatory provisions being section 17(1) of the Hackney Carriage (London) Act 1853)?

If the consumer and taxi driver cannot rely on the Consumer Rights Act 2015, can you please explain why?

It is an offence for a taxi driver to demand or take more than the proper fare and consumer rights legislation does not override this.