Offence for demanding or taking more than permitted fare
regulation 9 of The Pedicabs (London) (Fares and Fees) Regulations 2026
- Status not determined
- Strict liability
- Summary only
- TV licensing, fare evasion and school attendance
This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.
What the provision says
9 A pedicab driver or pedicab operator who demands or takes more than the fare permitted or agreed in relation to
a journey under regulation
3 or agreed for
a journey under regulation 4, or who charges more than
a fee agreed under regulation 5, is guilty of an offence and liable on summary conviction to
a fine not exceeding level
4 on the standard scale.
Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.
Who it binds, and what has to be proved
- Binds
- a pedicab driver
- Conduct
- breaching the provision
- Fault element
- Strict liability
- Burden of proof
- No statutory defence — prosecution proves everything
The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a pedicab driver meant to do it, knew about it, or was careless.
Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.
The provision states no defence, so the prosecution bears the burden on every element of the offence.
Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.
What would breach regulation 9?
These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.
- On these words an offence is committed where a pedicab driver demands or takes more than the fare permitted or agreed in relation to a journey under regulation 3 or agreed for a journey under regulation 4.
- Doing what the provision prohibits, or failing to do what it requires under the Pedicabs (London) (Fares and Fees) Regulations 2026.
Penalty
- Mode of trial
- Summary only — tried in a magistrates’ court
- Maximum fine
- £2,500
- Standard scale
- Level 4
- Maximum prison (summary)
- Not determined
Sentencing
Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.
-
Sentencing children and young people: definitive guideline
Youth courts and all courts sentencing those under 18 · in force from 1 June 2017
Applies whenever the defendant is under 18, whatever the offence.
-
Reduction in sentence for a guilty plea: definitive guideline
All courts in England and Wales · in force from 1 June 2017
The sliding scale of credit for pleading guilty, from one third at the first stage of proceedings downwards.
-
General guideline: overarching principles
All courts in England and Wales · in force from 1 October 2019
The guideline a court uses when there is no offence-specific guideline, which is the position for the overwhelming majority of offences created by statutory instrument. It sets out how culpability and harm are assessed from first principles.
-
Totality: definitive guideline
All courts in England and Wales
How to sentence more than one offence at once so that the total is just and proportionate - frequently in point here, because regulatory prosecutions commonly charge several breaches of the same instrument.
Prosecution figures
No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.
Status and lifecycle
- Current status
- Status not determined
- Made
- 25 February 2026
- In force from
- Not determined
- Extent
- Not stated
How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.
What the instrument is for
(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.
These Regulations, made by TfL under the powers conferred on it by the Pedicabs (London) Act 2024 (c. 7), provide for the fares which passengers may be charged for the hire of a pedicab. These Regulations also make provision in respect of the fees which TfL may charge in relation to licences required for drivers and operators of pedicabs as well as pedicab vehicles in Greater London under separate regulations relating to such persons and vehicles. Regulation 3 sets the fare which a pedicab driver or operator may charge for a pedicab journey. This regulation would apply for a pedicab journey to take a person to a destination. The fare comprises a base fare (the maximum is £5.00) plus an amount charged according to how long the journey takes which is calculated by multiplying the rate (the maximum is £1.00) by each whole minute the journey takes (such rate being payable throughout the course of the whole journey). An additional charge (a maximum of £3.00) is payable for each additional passenger (this must be the same charge for every additional passenger). However, Regulation 3 enables a driver or operator of a pedicab to agree a fare for a journey which is less than the maximum amount which would otherwise be payable if calculated according to the base fare, duration of the journey and the number of passengers. For example, they could agree to charge less than the maximum of any or all of the maximum base fare, journey time rate (or the journey time itself) or additional passenger charge to arrive at a fare which is less than the maximum. Regulation 4 enables a driver or operator to charge a fixed fare for the hire of a pedicab for a journey if such a fare is agreed with the passenger before the journey begins. Where a fixed fare is agreed, the requirement for the fare to be calculated according to Regulation 3 does not apply but the fixed fare charged under regulation 4 must be less than the fare which would be payable under regulation 3. Regulation 5 enables an operator of a pedicab to charge a fee for additional services provided in connection with a pedicab journey. Additional services is defined for the purposes of regulation 5 to mean the provision of commentary, entertainment or hospitality provided in connection with a pedicab journey. Fees to be charged under Regulation 5 are required to be agreed in advance with a pedicab operator. Regulation 6 requires a pedicab driver to use a card payment device of a type which has been approved by TfL when accepting payment for a fare by credit or debit card. Regulation 7 requires a driver to provide a receipt (as prescribed by TfL) for the fare paid for a pedicab journey if one is requested by a passenger. Regulation 8 makes it an offence for a pedicab driver or operator to charge more than the fare which is permitted or agreed to under regulation 3, or is agreed to under regulation 4, or to charge more than the fee which is agreed to under regulation 5. A person guilty of such an offence is made liable to a fine not exceeding level 4 on the standard scale (£2500.00). Regulation 9 provides for an offence under regulation 8 to be a fixed penalty offence. Where on any occasion an authorised officer believes that a person has committed an offence the authorised officer may serve the person concerned with a notice (“a fixed penalty notice”) on the spot offering the person the opportunity of paying a fixed penalty instead of being prosecuted for the offence. Regulation 10 provides for a fixed penalty notice to be given in respect of a fixed penalty offence under regulation 9. Where a fixed penalty notice is served, the recipient cannot be convicted of an offence if the person pays the fixed penalty within 28 days from the date of the notice. No proceedings can be instituted for the offence until the end of that period. Regulation 10 includes provision relating to the contents, manner of service and form of fixed penalty notices, provides that the fixed penalty must be paid to TfL or a person authorised by TfL and that a certificate signed by TfL’s chief operating officer stating that a fixed penalty was or was not received by a specified date is evidence of the facts stated in the notice. Regulation 11 provides for the amount of the fixed penalty which TfL may charge. Regulation 12 with the Schedule provides for the fees which TfL may charge in connection with the licences it may grant in relation to pedicab drivers, operators and the pedicab vehicles themselves under the relevant corresponding regulations relating to them (which are defined in regulation 2). The fees payable to TfL in respect of driver licences are set out in table 1 of the Schedule, fees payable in respect of operator licences are set out in table 2 of the Schedule and fees payable in respect of vehicle licences are set out in table 3 of the Schedule.
Read the full note and every offence in this instrument
Other offences in the same instrument
- A pedicab driver who fails to comply with the requirements of regulations 6 and 7 is guilty of an offence…regulation 8
How this was identified as an offence
Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.92.
- Basis
- the provision says a person is “guilty of an offence”
- Confidence
- 0.92 of 1.00
A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.
Check the source
- This provision on legislation.gov.uk The authoritative text. Check it before relying on anything here.
- The Pedicabs (London) (Fares and Fees) Regulations 2026 Every offence this instrument creates, and its explanatory note
- TV licensing, fare evasion and school attendanceOther offences on the same subject
- Offences created in 2026