DODGING FARES: How taxi drivers can guard against ‘Bilkers’ and runners
Bilking – the act of dodging payment – is a problem that faces most drivers within the taxi industry at some stage in their careers. It’s the scenario no cabbie wants to encounter: a passenger skips out without paying their fare. The implications extend beyond lost revenue; drivers face wasted time, added fuel costs, and potential safety risks when dealing with fare-dodgers, or “bilkers”.
Bilking isn’t exclusive to taxis. It’s seen across various sectors, from diners skipping restaurant bills to motorists driving off without paying for fuel. For taxi drivers, however, the impact is personal. They’re left out of pocket, and there’s often an uneasy question of safety – should they pursue the bilker or let them go?
The Law on Bilking
Non-payment for a taxi fare can be a criminal offence, but it’s not always straightforward. According to PC Patrick Quinton, a specialist in taxi and private hire vehicle enforcement, the critical factors are intent and dishonesty. The law considers three main scenarios:
If a passenger leaves without paying, the driver may have grounds under the Theft Act 1978, provided there was intent to avoid payment.
When passengers mislead drivers with promises to pay later, such as needing to “get cash” or a “friend will pay”, this may fall under the Fraud Act 2006 if dishonesty can be proven.
In cases where someone orders a cab for another person who doesn’t pay, there may be legal recourse under the Fraud Act 2006, provided there was an intent to avoid payment.
A genuine misunderstanding or dissatisfaction with the fare generally doesn’t qualify as a crime. In court, dishonesty must be proven beyond reasonable doubt, with intent to avoid payment.
Reporting Fare-Dodgers
Drivers are encouraged to report incidents of bilking. If the crime is in progress, a call to 999 is appropriate, but if the passenger has long vanished, 101 or online reporting is advised. Reporting helps the police track patterns and potentially identify repeat offenders.
The police will assess each report to determine if a crime was committed. In some cases, where no criminal offence is apparent, they may pass the passenger’s details to the driver for a civil claim.
If a suspect is identified, they could face a conditional caution, requiring them to repay the fare. Those convicted in a Magistrates’ Court may face fines, with more serious offences carrying potential prison sentences of up to two years.
Preventative Measures by the Industry
Some councils in the past encouraged drivers to ask for fares upfront, following a rise in reported bilking cases in their regions. This upfront policy aims to deter fare-dodgers before they even step foot in a taxi.
Industry networks, from social media to driver forums, have also become invaluable. These platforms allow drivers to share information on bilkers, helping colleagues avoid repeat offenders.
Staying Safe and Reducing Risk
Police advice to drivers has always been clear: safety comes first. A fare isn’t worth a potentially dangerous confrontation. Drivers are advised not to pursue or detain non-payers, even though they are legally allowed to make a citizen’s arrest. Instead, calm professionalism is recommended.
Detaining a non-payer could put you in an unsafe position or leave you open to civil action. That includes locking the suspect in your vehicle or taking them to a police station.
Drivers are also entitled to ask for a surety, such as a passport or mobile phone, or to ensure payment methods like card and phone options are available. In any dispute, having the ability to quickly start recording on a dashcam or mobile phone can help later if evidence is needed.
For drivers caught out by a fare-dodger, thorough reporting, accurate location sharing, and clear descriptions of the suspect can assist police efforts and strengthen potential claims.
While bilking remains a frustrating reality, the right approach, awareness of the law, and taking practical steps to prevent it can help drivers mitigate risks and protect their hard-earned fares.
