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Application of payments for prospective services.
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146.—(1) Whenever the driver of a street service vehicle receives under this Part of this Act from the hirer of such vehicle a payment in respect of services which at the time of such payment have not been rendered the following provisions shall have effect, that is to say:—
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(a) it shall be the duty of such driver to perform such services forthwith unless he is directed to the contrary by the hirer or is prevented by some sufficient cause;
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(b) the said payment shall be a deposit in the hands of such driver and shall, if and when the said services are fully performed, be retained by such driver as payment on account of such services;
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(c) if such hiring is terminated by the hirer before such services are fully performed it shall be the duty of such driver to retain so much of such payment as is the lawful fare for so much of such services as he has performed and to repay the balance of such payment to the hirer.
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(2) Whenever the driver of a street service vehicle does any act (whether of commission or omission) which is a contravention of his duty under this section he shall be guilty of an offence under this section and shall on summary conviction thereof be liable to a fine not exceeding two pounds.
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