card acceptance

[Rat Catcher]

Anywaysanall, I've sought clarification on one aspect of the new regulatory framework, as below. I'll let yis know if I get any reply.

Email to NTA:

Hi,

With reference to Guidelines for the Acceptance of Cashless Payments in Taxis (June 2022) and S.I. No. 294 of 2022 I would be obliged if you could clarify the following:

Should technological failures prevent the on-demand processing of a card presented for payment of a fare and the passenger, perhaps unusually, declines any discussion of an amicable solution (as suggested within Guidelines for the Acceptance of Cashless Payments in Taxis, June 2022) and, in doing so, advises the driver that he (the driver) is legally obliged to accept the card payment (Part 1, Section 4, Subsection(b), S.I. No, 294 of 2022) and that he (the driver) is legally barred from recording any personal details (including but not limited to name, address, (digital) imagery, etc) relevant to said client (Part 1, Section 5, S.I. No, 294 of 2022), does the driver retain any legal entitlement to be paid and, if so, how can such a debt be enforced. In particular, would a driver presented with such a scenario be within his rights to summon An Garda Siochana and forcibly detain the client pending the arrival of a member of said force?

Regards,

Stephen O'Connell

[Rat Catcher]

I was in with Mr. Wu the other day, erm... I took a photograph for you:

[John m]

Talking to Decco the Cunt down the Flats the other night .Decco has a lot of Legal experience he says .If Young Nodger was to jump into a taxi and arrive in the Third Block and there was no coin on his card .It would be Theft if Nodger was aware he had no coin on his card or Larcany by Deception as he uttered the card in payment knowing it had not got the necessary .A promise of a visit to the High Bench on Parkgate Street should regulate compliance but like you pointed out If Elon or Zuccerberg or Windy Miller the Turbine king turn off the Power or Internet are we entitled to request Shrapnel or Folding in return for services rendered ?

[Rat Catcher]

No answer from NTA on that one yet, erm.

There is, however, an extremely interesting line in the Guidelines document which suggests that in such circumstances an amicable solution can usually be found. How they define "usually" ought to be of particular interest to us and/or our representatives given that the regulation has yet to come into force and given that no other trade or citizen of the Free State is obliged to accept anything other than legal tender in settlement of a debt.

[John m]

Usually would Usually mean something that has become Usual due to Time and Practice .Like Customers asking taxi drivers are you on long thats usual but as you so astutely point out how can something be common practice and Usual if a format that never existed in fact does not yet exist until Sep1st .Now thats unusual .Is their any legal definition of Usual I know common practice exists in law but Usual ?

[Rat Catcher]

The Guideline document carries a disclaimer i.e. it doesn't purport to be a legal interpretation of the regulations. It's not difficult to foresee potential difficulties arising, though. If, for example, a fat lad decides to call the Gardai and, pending their arrival, decides to sit sit on a skinny little Barrister who claims to know he has no legal obligation to pay if the driver can't process a valid card, could said fat lad end up in trouble for false imprisonment, assault with a deadly weight or whatever?

[Shallow Hal]

Don't think John would be the type to sit on a skinny barrister....although!!

[Rat Catcher]

I don't think many blokes of our age would bother their testicles pursuing a taxi fare. I guess the potential problem is the extent to which it may become known that you don't have to pay the fare if you have a signal blocker or stolen card. Of course, we'll be accused of racism and all sorts if we refuse members of identifiable groups with a relatively high propensity to engage in schemes or arrangements the main or sole purpose of which being to commit fraud.

[watty]

Just to add another fly in the ointment...

You can refuse a passenger if:

A passenger who refuses to show ability to pay the fare when asked, or who refuses to pay a reasonable deposit before starting the journey;

Is waving a debit card at the taxi driver enough 'proof' they can pay? 

Or what if the driver asks to charge, say, €20 on Sumup before you start the journey "just in case" there's no signal out in Killiney or Lusk?  You can be sure the dodgy ones will know where the dead spots are in their neighbourhood 

Or you charge a €10 deposit on Sumup on a €20 journey.  You get there and the guy says I already paid you - we agreed on the €10 fare back in town and I paid you upfront.  How do you prove who's right and who's wrong?

[Horse]

If it was me and I got to an Internet blind spot and my card thingy wouldn't work I'd god damn drive that mofo to another spot until I got it working. Blind spots are usually not that big so a few hundred yards down the road and you'd be good to go. You's folks seem to panic over stuff that may never happen and even if it does there's usually a way out of it. Give it over will yis.

[watty]

You're not earning money while you're driving around looking for 'the' signal.  Remember how it's supposed to work.  We drive people from A to B, they pay us, then they get out of the taxi and our lives!

And good luck stopping outside some drunken women's house and then driving away saying "we'll just drive down this dark road a bit, the phone signal is a bit dodgy here."

[Horse]

If it's outside their house I'd suggest they give me their WiFi password and bobs your ma's brother.

[watty]

Oh very clever 

[Horse]

Elementary dear Watson,  elementary.

[Horse]

Or if you wanted to be really paro about it, say if someone is going out the sticks, you could have Spotify or YouTube or something streaming as you drive along. You don't necessarily have to be listening to it. As soon as you lose your connection you could stop the car and tell the pax the craic. You'd know how much further more or less what's left on the journey so strike a deal. Pay for the full journey upfront or pay what's on the metre now and walk the rest. Most will pay upfront.