Q9. If a taximeter has been found altered or defaced, will the taxi owner, or the taxi driver who has operated the taximeter be charged?
Taxi owner
Yes, the taxi owner having the knowledge of the defects of a taximeter but failing to report to the Commissioner for Transport will be charged.
Under Regulation 44 of Road Traffic (Construction and Maintenance of Vehicles) Regulations (Cap. 374A) :
- Every taximeter shall be tested by the Commissioner for Transport before it is fitted to a taxi and thereafter at intervals of not more than 6 months, and, if the tests prove satisfactory and the receipt printing device installed in respect of the taxi (whether by forming part of or being connected to the taximeter) is in proper working order, stamped and sealed by the Commissioner for Transport.
- The registered owner of a taxi shall submit the taxi, with the meter properly affixed, to the Commissioner for Transport in order that tests in accordance with paragraph (1) may be made.
- The registered owner of a taxi shall report to the Commissioner for Transport, as soon as reasonably practicable, any fault or damage to the taximeter fitted to the taxi that may result in any inaccurate recording of the fare, or any damage to any stamp or seal of the Commissioner for Transport thereon.
Thus, a taxi owner is under an obligation to report to the Commissioner for Transport once he or she has knowledge of the defects. If he or she fails to do so, he or she would be guilty of an offence under Regulation 121(2) of Road Traffic (Construction and Maintenance of Vehicles) Regulations (Cap. 374A), which provides that any person who contravenes or fails to comply with any requirement under these regulations commits an offence and is liable to a fine of $10,000 and to imprisonment for 6 months.
Taxi driver operating the altered or defaced taximeter
Yes, the taxi driver operating the altered or defaced taximeter would be charged.
Under Regulation 121(1) of Road Traffic (Construction and Maintenance of Vehicles) Regulations (Cap. 374A), subject to the provisions of Road Traffic (Construction and Maintenance of Vehicles) Regulations (Cap. 374A), any person who uses or causes or permits to be used on any road any vehicle which does not comply in all respects with the provisions of these regulations commits an offence and is liable to a fine of $10,000 and to imprisonment for 6 months.
Under Regulation 121(3)-(4) of Road Traffic (Construction and Maintenance of Vehicles) Regulations (Cap. 374A) :
- Any person who uses or suffers or permits to be used to ply for hire or for the carriage of passengers for hire or reward on any road, any taxi on which—
- the stamp or seal of the Commissioner for Transport on the taximeter has been broken;
- the taximeter has not been stamped and sealed by the Commissioner for Transport within the previous 6 months;
- the wheel of the taxi by which the taximeter is driven is, with fully inflated tyre thereon, of a diameter different from that for which the taximeter has been designed, geared and tested or that marked on the taximeter;
- the taximeter was affixed thereon without the prior approval of the Commissioner for Transport;
- the taximeter does not comply in every way with the provisions of these regulations; or
- a receipt printing device is not installed in accordance with Regulation 42A,
commits an offence and is liable to a fine of $10,000 and to imprisonment for 6 months.
- Any person who without lawful excuse defaces, damages or alters any taximeter commits an offence and is liable to a fine of $10,000 and to imprisonment for 6 months.
Thus, the taxi driver operating the altered or defaced taximeter, i.e. a taximeter not complying with the requirement under Road Traffic (Construction and Maintenance of Vehicles) Regulations (Cap. 374A) commits an offence and is liable to a fine of $10,000 and to imprisonment for 6 months.