Q2. Is it illegal not to use the taximeter to calculate the fare?
Yes. It is illegal not to use the taximeter to calculate the fare.
The driver of a taxi as soon as the taxi has been hired shall move the taximeter indicator to the recording position and as soon as the hiring has terminated shall return the taximeter indicator to the non-recording position: see Regulation 49(2) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D).
Thus, it is illegal not to use the taximeter to calculate the fare.
Any person who without reasonable excuse contravenes Regulation 49(2) commits an offence and is liable on conviction to a fine of $5,000 and to imprisonment for 6 months: see Regulation 57(3) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D).
Hiring of vehicle
However, an exception is where a taxi is under hire. Under Regulation 38(1) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D), the registered owner of a taxi, may hire the vehicle to any person at a rate of hire based on the time during which the vehicle is hired with or without additional charge in respect of the mileage travelled by the vehicle while it is so hired, or on such other terms as may be agreed with the hirer.
Under Regulation 38(3)(a) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D), before a vehicle is hired under Regulation 38(1) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D), the registered owner and hirer shall complete and sign 2 copies of a document which shall contain the rate or scale of charges applicable to the hiring.
Thus, under that situation, the calculation of the fare is in accordance with the rental contract as opposed to by the taximeter.