Q11. Is the practice of taxi-sharing by unknown passengers at a fixed fare (known as “rabbitfish taxi”) legal?
No, it is not legal.
(i) Drive to such destination other than by the most direct practicable route
First, under Regulation 37(d) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D), the driver of a taxi shall not without reasonable excuse, when hired to drive to a specified destination, drive to such destination other than by the most direct practicable route.
In the present case, where there are more than 1 hirer who are unknown to each other, the taxi driver must inevitably drive to destination ordered by the 1st passenger before driving another destination driven by the 2nd passenger. Thus, while the taxi is driving towards the destination of 1st passenger, he may not be driving the towards the destination of 2nd passenger at the most direct practicable route. This may contravene Regulation 37(d) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D).
Any person who without reasonable excuse contravenes any of the provisions of, or any requirement under Regulation 37(d) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D) commits an offence and is liable on conviction to a fine at HK$10,000 and to imprisonment for 6 months: see Regulation 57(4) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D).
(ii) Shall not permit any person other than the hirer to enter the taxi without consent
Second, under Regulation 37(e) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D), the driver of a taxi shall not without reasonable excuse, when his taxi is hired, permit any person other than the hirer to enter the taxi without the consent of the hirer.
Thus, if the passengers are unknown to each other, the subsequent passenger(s) entering the taxi may not have the consent of the original hirer. In the absent of consent, the taxi driver would be in breach of Regulation 37(e) of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D).
Any person who without reasonable excuse contravenes Regulation 37(e) 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).