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JANUARY 2009
Judge puts brakes on hybrid taxi
mandate
A federal judge has granted a preliminary
injunction against the City of New
York’s hybrid taxi mandate, which
was to take effect November 1st.
Judge Paul A. Crotty of the United
States District Court, Southern District
of New York, ruled in favor of the
plaintiffs which include the Metropolitan
Taxicab Board of Trade (MTBOT), the
country’s largest taxi trade association.
The decision reads as follows:
“The Court finds that Plaintiffs
have standing to bring this action;
that they will be irreparably harmed;
and that Plaintiffs have demonstrated
a likelihood of success on the issue
of preemption. The City’s counterarguments
are unconvincing. Accordingly, Plaintiff’s
motion for a preliminary injunction
is GRANTED.”
In its lawsuit, MTBOT had cited a
2008 engineer’s report that concluded
that hybrid taxicabs were unsafe
and unfit for taxi use. The group
also cited the refusal of any hybrid
automaker to certify the crashworthiness
of their hybrids when outfitted with
mandatory partitions or when used
in 24/7 commercial taxi operation.
Ron Sherman, president of the Metropolitan
Taxicab Board of Trade said, “For
MTBOT and so many others, this has
never been about whether or not the
taxi industry should be embracing
a greener, more fuel-efficient fleet.
This is about safety and common sense.
We have been actively working with
the auto industry and City to bring
a safe, comfortable, fuel-efficient
taxicab to the market. And while
we’re pleased that these ‘taxi’s
of tomorrow’ may be available as
early as this summer, the much smaller,
non-commercial passenger hybrids
available for purchase today are
unsafe when outfitted with hard,
bullet-proof partitions and unfit
for 24/7 taxi service.”
MTBOT is the country’s largest taxi
fleet association. It represents
27 yellow medallion taxi fleets in
New York City that comprise over
3,500 medallion taxicabs – approximately
25 percent of the taxi industry.
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