Newquay Airport Taxis – Henver Cars Driver Operations Policy

Hackney Carriage Services – Cornwall

1. Purpose of this Policy

This document sets out the company’s operational standards for hackney carriage drivers operating in Cornwall, covering:

lawful grounds for refusing a hire,
the use of the taximeter and fare calculation, and
route selection, including the meaning of the “shortest practicable route”.

This policy is intended to ensure:

passenger safety and comfort,
fair and transparent fares, and
compliance with the Local Government (Miscellaneous Provisions) Act 1976 and Cornwall Council licensing conditions.

All drivers are required to understand and follow this policy.

2. Lawful Refusal of Hire

Hackney carriage drivers are generally expected to accept lawful hirings. However, the law recognises specific circumstances in which refusal is permitted and justified.

A driver may lawfully refuse to carry a passenger in the following circumstances:

2.1 Abusive or Threatening Behaviour

Where a passenger:

uses abusive, aggressive, or threatening language or behaviour; or
acts in a manner that causes the driver to reasonably fear for their personal safety.

Drivers are not required to place themselves at risk.

2.2 Intoxication Creating a Safety Risk

Where a passenger is:

intoxicated through alcohol or drugs to the extent that safety is compromised; or
likely to cause disorder, damage to the vehicle, or danger to themselves, the driver, or other road users.

Mere consumption of alcohol is not sufficient; the test is risk to safety.

2.3 Vehicle Already Hired

Where:

the vehicle is already hired or pre-booked; or
the driver is enroute to fulfil an existing booking.

In these circumstances, the vehicle is not available for hire.

2.4 Destination Outside the Area the Driver Is Legally Required to Serve

Where:

the destination lies outside the licensing district or area the driver is legally required to serve; and
there is no legal obligation under local byelaws or licence conditions to undertake such journeys.

Drivers are not required to accept long-distance or out-of-area journeys unless specifically mandated.

2.5 Unlawful or Unsafe Journey

Where accepting the journey would be unlawful or unsafe, including (but not limited to):

overloading the vehicle beyond its licensed passenger capacity;
carrying passengers without legally required child restraints;
carrying goods or animals in breach of licence conditions or road traffic law.

Drivers must not undertake journeys that would place them in breach of the law.

2.6 Carriage of Takeaway Food

Passengers may carry takeaway food in company vehicles provided that the following conditions are met:

The food is contained in a suitable container designed to prevent leakage or spillage;
The container remains closed and sealed for the entire duration of the journey;
The food is not consumed inside the vehicle; and
The food does not present a reasonable risk of damage, hygiene issues, or passenger discomfort.

Drivers may request that takeaway food is placed securely (for example, in the footwell or luggage compartment) in order to minimise the risk of spillage or contamination.

Where takeaway food is open, unsealed, likely to spill, or where a passenger refuses to comply with reasonable requests to manage the food safely, the driver may lawfully refuse the hire or terminate the journey in accordance with this policy.

This provision is applied to protect vehicle cleanliness, hygiene standards, passenger comfort, and driver safety, and does not constitute an unreasonable refusal where the above conditions are not met.

Any escalation of such situations into abusive or aggressive behaviour will be handled in accordance with the company’s Zero Tolerance Policy.

3. Use of the Taximeter and Fare Calculation

3.1 Statutory Position (Local Government (Miscellaneous Provisions) Act 1976)

Under sections 65 to 67 of the Local Government (Miscellaneous Provisions) Act 1976, the legislation regulates the maximum fares that may be charged for the hire of hackney carriages by reference to authorised tables of fares.

The Act:

limits the maximum lawful fare, but
does not itself impose a general requirement that the taximeter must be engaged or running in every case.

Accordingly, where a fare is pre-agreed in advance or otherwise made clear and transparent to the passenger, and the amount charged does not exceed what would be permitted under the applicable table of fares or meter rates, the Act itself does not mandate meter operation.

Any mandatory requirement to use the meter arises from local byelaws or licence conditions, not from the Act.

3.2 Cornwall Council Licensing Conditions (Mandatory Requirement)

Notwithstanding the statutory position above, Cornwall Council’s hackney carriage vehicle licence conditions require the taximeter to be switched on at the commencement of each journey in order for the fare amount to be calculated.

All drivers licensed by Cornwall Council must comply with this condition, unless expressly authorised otherwise by the licensing authority.

Failure to comply may result in licensing enforcement action, regardless of whether the fare charged would otherwise comply with the table of fares.

3.3 Practical Fare Rules for Drivers (Cornwall)

Drivers must observe the following:

Switch the taximeter on at the commencement of each journey, in accordance with Cornwall Council conditions.
Ensure the correct tariff and settings are applied and the meter is visible where required.
Where a fare is pre-agreed or pre-paid, ensure the passenger understands the agreed price before travel.
The fare charged must never exceed what is authorised by the table of fares or meter rates.
Where an agreed fare is lower than the meter would show, drivers must follow company procedure (for example, running the meter for compliance but charging the agreed lower fare).
Receipts must be provided in accordance with company policy and any licensing requirements (always provide a receipt if the passenger asks for one. For long-distance or cash journeys, offering a receipt is good practice).

4. Route Selection and “Shortest Practicable Route” Policy

4.1 Core Principle

Drivers are required to take the shortest practicable route, not the shortest theoretical or mathematical route, unless the passenger directs otherwise and that direction is reasonable and safe.

In determining the shortest practicable route, drivers may properly take account of:

road safety and width,
road suitability for the vehicle and luggage,
traffic conditions and predictability,
passenger comfort,
weather and visibility, and
avoidance of unnecessary risk.

This reflects established hackney carriage law and enforcement practice.

4.2 Example: Newquay Airport to Padstow

For the journey between Newquay Airport and Padstow, commonly available routes include:

Route A (B3274 / A39) – approx. 13.3 miles
Safer, wider A-road route, well suited to airport passengers and luggage
Route B (B3274 / A389) – approx. 12.1 miles
Reasonable main-road alternative
Route C (Rural lanes) – approx. 9.7 miles
Narrow country lanes with limited passing places, increased risk of conflict with agricultural vehicles, reduced comfort, and higher safety risk

Although Route C is the shortest by distance, it is not considered the shortest practicable route due to safety and suitability concerns.

4.3 Fare Calculation and Transparency

For this journey, the company:

bases fare calculation on Route B, a reasonable and conventional route;
charges a fixed fare, which is equal or below the fare that would result from charging the route most commonly driven;
often drives Route A due to its safety, predictability, and comfort advantages.

Passengers are not charged for the longest route, and any additional distance is absorbed as part of the company’s service standard.

4.4 Advance Disclosure

When a passenger obtains a quotation via the company website:

the fare is calculated in advance;
a map with a visible route polyline is displayed showing the basis of the quoted fare;
the passenger accepts the quoted price and route basis as part of the booking process.

This ensures transparency, informed consent, and avoidance of route or fare disputes.

4.5 Passenger Route Requests and Safety

Where a passenger requests or insists upon a route that the driver reasonably considers unsafe, unsuitable, or impracticable (for example, narrow rural lanes presenting elevated risk or discomfort):

the driver may lawfully decline to use that route;
this is not a refusal of the hire, but an exercise of professional judgment;
passenger preference does not override the driver’s duty to operate safely.

Drivers should explain such decisions calmly and professionally and offer a reasonable, safer alternative route.

5. Compliance, Conduct, and Reporting

Refusals must be based on lawful grounds, not personal preference.
Drivers must not refuse hires based on journey length, fare value, payment method, or protected characteristics.
Any refusal, fare dispute, or route complaint resulting in a concern must be recorded accurately and reported in line with company procedures.
Drivers must remain calm, professional, and courteous at all times.

6. Policy Summary

This Driver Operations Policy prioritises passenger safety, comfort, transparency, and lawful fare practice. Drivers are required to take the shortest practicable route, not unsafe or unsuitable routes, and to comply with Cornwall Council’s licensing conditions on meter use while ensuring fares remain fair, transparent, and within authorised limits.