A group of yellow cab owners is suing the City of New York, claiming
that its plan to institute an entire fleet of "green" cabs by 2012 is
unconstitutional and unsafe.
On Monday the Metropolitan Taxicab Board of Trade (MTBOT), an
association that represents about a quarter of the city’s 13,000 yellow
cabs, filed a complaint in Manhattan’s federal court.
The lawsuit argues that the city’s decision to mandate that all new
taxis, as of October 1, 2008, have a city rating of 25 miles per gallon
(mpg) or more is arbitrary, because the city failed to follow its own
long-standing procedures requiring safety testing and a pilot program
prior to the mandate of new vehicles.
The lawsuit also argues that the City’s mandate is preempted by the
federal Energy Policy and Conservation Act as well as the federal Clean
Air Act. The suit asks for the October 1st mandate to be annulled.
According to the city’s Taxi and Limousine Commision, there are
already about 1,400 hybrid taxis in the city. Mayor Michael Bloomberg
has been pushing for a switch to hybrid taxis and announced a supply commitment from Ford, Nissan and GM this summer.
MTBOT is claiming that these vehicles have not been thoroughly tested
and will not hold up under the constant wear and tear to which taxis
are subject.
"While a decision to announce the immediate change to ‘clean’
taxis might be politically enticing and expedient, it is also
irresponsible, dangerous and illegal," the suit said.
New York Taxi and Limousine Commissioner Matthew Daus said in a statement the agency was moving ahead with its plan.
"I want to send a clear and unequivocal message to the riding public
that hybrid-electric taxicabs are absolutely safe, as are all taxicabs
that we regulate and inspect, and that they (riders) may hail them with
complete confidence," Daus said.
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