# Surge pricing explained: should a local taxi firm use it?

> Surge pricing raises fares automatically when trip requests outnumber free cars. A UK private hire firm can use it, because councils have no power to set private hire fares, but hackney carriage fares are capped by the council's table. Since 6 April 2025 the DMCC Act 2024 has let the CMA fine firms up to 10% of global turnover for breaking consumer law, so the passenger must see the full price before booking.

By Joe, founder of Dispatch AI. Updated 2026-10-20. The web page: https://dispatchai.co.uk/guides/surge-pricing-explained/

Surge pricing is what ride-hailing apps do when everyone wants a car at once: the price goes up until enough drivers come out or enough passengers decide to wait. For a local taxi firm the question is whether you're allowed to do the same, and whether you'd want to. This guide explains how surge pricing works, what UK law lets taxis and private hire cars charge, what consumer protection law expects, and what a firm that lives on regulars can do instead.


## How does surge pricing work?

Surge pricing puts the fare up for a while when there are more trip requests than free cars in an area. Uber's own guide for UK drivers names bad weather, rush hour and special events as typical causes. It says the app tells riders when rates rise, and drivers see a surge amount, or an upfront price that includes it, on the job offer. Surge can apply in one neighbourhood and not the next, and Uber updates it with demand in real time.

The Competition and Markets Authority calls this dynamic pricing. In its 2025 project update it described dynamic pricing as firms adjusting prices "rapidly and frequently in response to changing demand conditions", and named ride hailing alongside air travel, rail and hotels as sectors that use it.

Surge does two jobs at once:

- **It pulls drivers out.** The CMA noted that in ride hailing, fare increases at times of high demand may encourage more drivers onto the road.
- **It pushes some passengers back.** Some riders pay the higher fare, and others wait for it to drop or find another way home.

The first job only works if there are drivers at home who'd come out for more money. That is where a small local firm differs most from a national app.


## Can a taxi firm charge surge prices in the UK?

The answer depends on the licence. Hackney carriage fares are capped by the council (or TfL in London), so a hackney can't surge above the tariff. Private hire operators set their own prices, so they can, within consumer law.

| Vehicle and journey | Who sets the price | Can it rise with demand? |
|---|---|---|
| Hackney carriage, journey inside its district | The council's table of maximum fares | Only through tariffs the council has set, such as night rates |
| Hackney carriage, pre-booked inside its district | The council's table: section 67 caps it at the meter fare | No higher than the meter |
| Hackney carriage, journey ending outside the district | A fare agreed before the hiring, or the meter if none was agreed | Only if agreed in advance |
| London taxi (black cab) | TfL's published tariffs | Only through TfL's time-based tariffs and set extras |
| Private hire vehicle outside London | The operator | Yes, within consumer law and your licence conditions |
| Private hire vehicle in London | The operator, who must agree the fare or give an accurate estimate | Yes, but only through the fare you agree or estimate before the journey |


## Who sets hackney carriage fares, and can they rise at busy times?

Your council sets them. Section 65 of the Local Government (Miscellaneous Provisions) Act 1976 lets a district council fix a table of fares for time and distance, after publishing a notice in a local newspaper and allowing at least 14 days for objections. The DfT's best practice guidance says councils have the power to set maximum taxi fares within their area, that most do, and that published fares are a maximum, so a driver can charge less.

Many councils already build peak pricing into those tables. The DfT tells them to review fares regularly, including any variation by time of day or day of the week, and says there's likely to be a case for higher tariffs at times of higher demand, to encourage more drivers to make themselves available. Two examples:

- **Birmingham City Council** (table dated 1 April 2025) charges about £2.04 a mile on Tariff One, £2.31 a mile on Tariff Two (Friday and Saturday nights from 22:00 to 07:00, and from 18:00 on Christmas Eve and New Year's Eve), and £3.07 a mile on Tariff Three (Christmas Day, and New Year's Day until 07:00).
- **TfL in London** (fares from 25 April 2026) runs Tariff 1 from 05:00 to 20:00 on weekdays, Tariff 2 on weekday evenings and weekend days, and Tariff 3 every night from 22:00 to 05:00 and on public holidays. It adds £4 over Christmas and New Year, sets a minimum fare of £4.40, and allows up to £2 extra when the taxi is booked by phone, app or online.

So a hackney carriage does have a busy-time price. The council sets it in advance, it's on the meter, and everyone can read it. What a hackney can't do is go above it. Under section 58 of the Town Police Clauses Act 1847, a driver or proprietor convicted of taking more than the authorised fare faces a fine of up to level 3 on the standard scale, and the court can order the overcharge repaid.


## Can private hire firms set their own prices?

Yes. The DfT's guidance is plain that there's no power to set fares for private hire vehicles, so an operator decides its own prices, including different prices at different times. Read your own council's operator conditions too, in case they add rules about quoting or displaying fares.

In London there's one firm rule. TfL's operator handbook says it's a licence condition to agree a fare for the journey or give an accurate estimate of it, and to record it. TfL also calls it good practice to display your fare tariff in your office or on your website, so customers can see your prices before they book.

If you send a hackney carriage to do a private hire job, the hackney rules follow it. Outside London, section 67 caps a pre-booked hackney journey inside its district at the meter fare. In London, TfL's rules say the fare is worked out as if it were a private hire vehicle, unless the meter shows less. For the wider differences, see [hackney carriage and private hire licensing compared](https://dispatchai.co.uk/guides/hackney-carriage-vs-private-hire/).


## What does consumer protection law say about surge pricing?

Consumer law doesn't ban surge pricing, but it controls how you show and charge it. The CMA's 2025 update says so directly: consumer law doesn't generally prohibit particular pricing strategies, and dynamic pricing is no exception.

The rules come from Part 4 of the Digital Markets, Competition and Consumers Act 2024, which applies to commercial practices from 6 April 2025. Three parts matter most for a taxi firm:

- **No misleading prices.** Sections 226 and 227 treat false or misleading information, including about price, and leaving out information a customer needs, as unfair commercial practices.
- **The total price up front.** Under section 230, an invitation to purchase must give the total price, including any fees the customer will necessarily pay. If the price can't be worked out in advance, you must say how it will be calculated.
- **Real penalties.** The CMA can now decide for itself that consumer law has been broken and fine a business up to 10% of its global turnover, or £300,000 if that's higher.

The CMA has used those powers on a transport-adjacent business already. In April 2026 it ordered the AA's driving schools to refund more than £760,000 to over 80,000 learners and fined the AA £4.2 million, because a mandatory £3 booking fee wasn't included in the upfront price. It was the CMA's first fine under its new consumer powers. If you add a booking fee or a peak surcharge, it belongs inside the fare you quote, not at the end.

Two older rules sit alongside the 2024 Act. Since 13 January 2018, the Consumer Rights (Payment Surcharges) Regulations 2012 have banned charging consumers a fee for paying by an ordinary debit or credit card. And Schedule 2 to the Consumer Rights Act 2015 lists, as terms that may be unfair, a term letting a trader raise the price after the customer is bound without letting them cancel.

The CMA's June 2025 tips for businesses that use dynamic pricing are a good checklist. Tell people prices can change. Explain what makes them change. Put that information where customers will see it, not in the small print. Think about vulnerable customers. Don't pressure people into snap decisions, and don't change the price while they're paying.

One more rule applies whatever your prices do. Section 170(2) of the Equality Act 2010 makes it an offence for a private hire operator or driver to make, or propose, an additional charge for carrying an assistance dog with a disabled passenger.


## Should a local taxi firm use surge pricing?

For a local firm, an app-style surge multiplier is usually the wrong tool. A published peak price set in advance does the useful part with less risk to your regulars.

Start with what surge is for. It works when a higher price brings out extra drivers. If every car you have is already working at 11pm on a Friday, a higher price can't put another car on the road. It only decides who waits, and the people it prices out are your regulars.

Think about who books you. A local firm lives on repeat customers, account work and people who ring because they know your name. A price that jumps when it rains is the kind of thing people remember. The CMA's tips put it simply: being open about how you price helps build trust.

Think about who's on the phone late at night. Hospital discharges, people stranded after the last train and passengers on their own at 2am are the kind of vulnerable customers the CMA tells businesses to think about.

Fixed prices that change at set times give you most of what surge offers. A higher night rate, a bank holiday rate and a Christmas rate are easy to explain, easy to show on your website, and match what passengers already see on council taxi meters. If you run your bookings on Dispatch AI, it quotes fixed prices by zone, set by you, and it doesn't change them with demand. Our guides to [setting fixed zone prices](https://dispatchai.co.uk/guides/taxi-zone-pricing/) and [pricing your taxi fares](https://dispatchai.co.uk/guides/how-to-price-taxi-fares/) go through building a price list, and [handling the Friday night rush](https://dispatchai.co.uk/guides/handling-the-friday-night-rush/) covers the busy-night problem from the drivers' side.


## How do you charge more at peak times without losing regulars?

Set the peak price before the peak, and show it before anyone books. Here's a sensible order:

1. **Pick the times.** Late nights, bank holidays, Christmas Day and New Year's Eve are the usual ones. Base them on when you struggle to find drivers, not on when you could charge most.
2. **Set the amount.** A fixed extra or a separate night price list is easier to explain than a percentage that moves.
3. **Publish it.** Put it on your website and say it on the phone before you take the booking, so nobody first hears about it from the driver.
4. **Quote the total.** Any booking fee or peak extra goes inside the fare you quote, never added at the end.
5. **Keep the price you agreed.** If waiting time or an extra stop can change the fare, say how before the passenger books.
6. **Record the quote.** In London you must record the fare or estimate. Everywhere else it settles disputes.
7. **Check it after a few months.** Did more drivers work the late shift? Did complaints go up? Change the rate if it isn't doing its job.

Ride-hailing apps earn their money differently from a local firm, and [how ride-hailing apps make money](https://dispatchai.co.uk/guides/how-ride-hailing-apps-make-money/) explains where surge fits in their economics.

## Frequently asked questions

### Is surge pricing legal in the UK?

Yes, for private hire, as long as the passenger sees the full price before they book and the price isn't misleading. Hackney carriages can't surge above the council's table of fares, though councils can set higher tariffs for nights and holidays. In London, black cab fares follow TfL's tariffs.

### Can a black cab charge more on New Year's Eve?

Only what the tariff allows. In London, TfL adds £4 to journeys between 20:00 on 31 December and 06:00 on 2 January, on top of the normal tariff. Outside London it depends on your council's table: Birmingham, for example, moves to Tariff Two from 18:00 on New Year's Eve.

### Can I add a booking fee or a card fee to a taxi fare?

A booking fee that every customer has to pay must be in the price you show from the start, as the AA's £4.2 million fine shows. Card surcharges on ordinary consumer debit and credit cards have been banned since 13 January 2018. For hackney carriages, only the extras in the council's table apply.

### Does Uber still use surge pricing in the UK?

Yes. Uber's current guide for UK drivers describes surge pricing when requests outnumber cars, and says riders are told in the app when rates rise, so they can pay or wait. It also says surge varies by neighbourhood and updates in real time.

### Can I change the price after the passenger has booked?

Not on a whim. Under the Consumer Rights Act 2015, a term that lets you raise the price after booking without letting the customer cancel can be unfair, and the CMA tells businesses not to change the price while someone is paying. If waiting time or extra stops can add to the fare, explain the rule before the booking.


## Sources

- [How surge pricing works (Uber)](https://www.uber.com/gb/en/drive/driver-app/how-surge-works/) Uber's own description for UK drivers
- [Dynamic pricing: project update (Competition and Markets Authority, 20 June 2025)](https://www.gov.uk/government/publications/dynamic-pricing-project-update/update-dynamic-pricing) definition, ride hailing, what consumer law says
- [Tips for businesses using dynamic pricing (Competition and Markets Authority, 20 June 2025)](https://www.gov.uk/government/publications/dynamic-pricing-tips-for-businesses/tips-for-businesses-using-dynamic-pricing) the eight tips
- [Digital Markets, Competition and Consumers Act 2024, Part 4, Chapter 1](https://www.legislation.gov.uk/ukpga/2024/13/part/4/chapter/1) unfair commercial practices, sections 225 to 230
- [Unfair commercial practices guidance, CMA207 (Competition and Markets Authority, updated 18 November 2025)](https://www.gov.uk/government/publications/unfair-commercial-practices-cma207/unfair-commercial-practices) the provisions apply from 6 April 2025
- [CMA to boost consumer and business confidence as new consumer protection regime comes into force (CMA, 7 April 2025)](https://www.gov.uk/government/news/cma-to-boost-consumer-and-business-confidence-as-new-consumer-protection-regime-comes-into-force) fines up to 10% of global turnover; drip pricing banned
- [CMA orders the AA and BSM driving schools to refund learner drivers over drip pricing (CMA, 15 April 2026)](https://www.gov.uk/government/news/cma-orders-the-aa-and-bsm-driving-schools-to-refund-learner-drivers-over-drip-pricing) the £3 booking fee case
- [Taxi and private hire vehicle licensing: best practice guidance (DfT, updated 17 November 2023)](https://www.gov.uk/government/publications/taxi-and-private-hire-vehicle-licensing-best-practice-guidance/taxi-and-private-hire-vehicle-licensing-best-practice-guidance-for-licensing-authorities-in-england) section 10, taxi fare rates
- [Local Government (Miscellaneous Provisions) Act 1976, section 65](https://www.legislation.gov.uk/ukpga/1976/57/section/65) councils fixing hackney carriage fares
- [Local Government (Miscellaneous Provisions) Act 1976, section 66](https://www.legislation.gov.uk/ukpga/1976/57/section/66) journeys ending outside the district
- [Local Government (Miscellaneous Provisions) Act 1976, section 67](https://www.legislation.gov.uk/ukpga/1976/57/section/67) hackney carriages used for private hire
- [Town Police Clauses Act 1847, section 58](https://www.legislation.gov.uk/ukpga/Vict/10-11/89/section/58) penalty for charging more than the fare
- [Taxi fares (Transport for London)](https://tfl.gov.uk/modes/taxis-and-minicabs/taxi-fares) London tariffs effective from 25 April 2026
- [Hackney carriage table of fares (Birmingham City Council)](https://www.birmingham.gov.uk/download/downloads/id/11462/hackney_carriage_fare_table.pdf) table dated 1 April 2025
- [Private hire operator handbook (Transport for London)](https://tfl.gov.uk/cdn/static/cms/documents/private-hire-operator-handbook.pdf) agreeing, estimating and recording the fare
- [Consumer Rights (Payment Surcharges) Regulations 2012, regulation 6A](https://www.legislation.gov.uk/uksi/2012/3110/regulation/6A) card surcharge ban from 13 January 2018
- [Consumer Rights Act 2015, Schedule 2](https://www.legislation.gov.uk/ukpga/2015/15/schedule/2) terms that may be unfair, paragraphs 14 and 15
- [Equality Act 2010, section 170](https://www.legislation.gov.uk/ukpga/2010/15/section/170) assistance dogs in private hire vehicles

Dispatch AI is a trading name of CABO TECH SOLUTION AI LTD, registered in England and Wales, company no. 16255667.