Policy Text
DEPARTMENTAL GENERAL ORDER
P-1 Rev.
13 Nov 97
Index as:
Fares, Refusal to Pay Taxicab Police Action in Cases of Refusal to Pay Fare Taxicab, Refusal to Pay Fare
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POLICE ACTION IN CASES OF REFUSAL TO PAY FARE
The purpose of this order is to state the policy and procedures to be followed in cases of refusal to pay fare to the driver of a taxicab as defined and provided for in Oakland Municipal Code Section 5-29.10. I. DEPARTMENTAL POLICY REGARDING OMC SECTION 5-29.10
A. The member concerned shall make every reasonable effort to settle the situation without resorting to the procedures of citizen’s arrest.
B. A citizen’s arrest may be necessary:
1. When the passenger is obviously attempting to defraud the driver.
2. When the passenger is a transient and likely to leave the area before further legal action can be taken.
3. If the passenger has no means of identifying him/herself.
II. POLICE ACTION TO BE TAKEN
A. The criminal violation of OMC Section 5-29.10 consists of the refusal or inability to pay the legal fare. Bona fide disputes over the amount of fare due as recorded on a sealed meter or the inability of the driver to make change usually are civil matters. The driver is obligated to have enough money available to change a reasonable amount of currency.
1. Taxicabs authorized to operate in the City of Oakland are required to have signs affixed to the inside and outside of
DEPARTMENTAL GENERAL ORDER P-1 Rev.
OAKLAND POLICE DEPARTMENT 13 Nov 97
each vehicle which clearly state that the driver carries only
$20 in change. A $20 bill will be deemed reasonable currency.
2. Drivers who do not have the required change are obligated to secure the necessary change at no charge to the passenger.
B. The member shall attempt to p reserve the peace by assisting the
parties in reaching a mutually satisfactory agreement.
1. The member must accept custody of the passenger if the
driver insists upon a citizen’s arrest and such arrest is valid.
Penal Code Section 142 makes it clearly mandatory for a member to accept custody of a prisoner arrested by a citizen
who charges him/her with a criminal offense. Under these circumstances, the member shall accept the arrestee.
2. An adult arrested shall be issued a Notice to Appear (836-001) in the field unless the attendant circumstances establish, in accordance with Department policy, that a physical arrest is necessary.
3. A juvenile arrested shall be issued a Juvenile Probation Department Notice to Appear (Form 240-40) in the field, cited into the Juvenile Probation Department, and released. Members shall telephone the Youth Services Division receiving officer prior to issuing the citation in accordance with Departmental General Order O-3, PROCESSING
JUVENILE OFFENDERS .
4. If the circumstances do not clearly indicate that a criminal
violation of OMC Section 5-29.10 has occurred and the
passenger is a bona fide resident of the area, the member shall take a report of the incident.
By order of Joseph Samuels, Jr. Chief of Police
GO26/P-1
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