Regulations

Judge Blocks City’s Penalty for Nonhybrid Cab Owners

Posted on June 24, 2009 by LCT Staff - Also by this author - About the author

NEW YORK — A federal judge dealt another setback on Monday to the Bloomberg administration’s two-year effort to convert the city’s yellow taxi fleet to gas-and-electric hybrids from the ubiquitous Ford Crown Victoria.

Judge Paul A. Crotty of Federal District Court in Manhattan said a plan to financially penalize taxi owners who refused to buy hybrid cars amounted to an effort by the city to mandate emissions standards — a right that, under existing laws, belongs solely to the federal government.

The same judge made much the same argument last October when he struck down an earlier plan to set a minimum miles-per-gallon rating for taxis.

Both plans were attempts to ensure that taxi owners buy hybrid vehicles, part of the mayor’s broader push to make the city more environmentally friendly. But the proposals were promptly challenged by taxi owners.

In his ruling on Monday, Judge Crotty said he supported the merits of buying hybrids. At stake instead, he wrote, was a knotty legal issue over whether the city’s regulation amounted to a mandate to buy hybrids. That, he said, would interfere with the federal government’s pre-eminent role in setting fuel-efficiency and engine-emissions standards.

The city had planned to reduce the amount of money that taxi owners could charge to lease nonhybrid vehicles, a financial incentive program that, the city believed, skirted those legal issues.

Instead, Judge Crotty said the same problem applied, as the financial incentives were equivalent to “a de facto mandate.”

On Monday, city officials said they were disappointed and were exploring their legal options.

“We do not believe that Congress intended to prohibit local governments from implementing incentive programs, including those such as the New York City program the court today enjoined, that encourage the purchase of environmentally friendly taxis,” Michael A. Cardozo, a lawyer for the city, said in a statement. Michael Woloz, a spokesman for the Metropolitan Taxicab Board of Trade, the main group behind the lawsuit, said that his group supported a more fuel-efficient fleet. But he said owners were concerned that the current crop of hybrid vehicles were not built to withstand the wear and tear of navigating the city’s bumpy streets.

Source: The New York Times

View comments or post a comment on this story. (1 Comment)

More News

Uber Appears To Be Losing A Big Case In Europe

Should the TNC be treated as a taxi service subject to the same safety and employment rules?

Drivers File Preemptive Labor Suit Against Uber Chiefs

The suit alleges disgraced ex-CEO Travis Kalanick and co-founder Garrett Camp advised the company to misclassify drivers.

Virginia Operators Fight TNC Bill And Unfair Tax

The Virginia Limousine Association gears up to repeal TNC registration relief and unfair vehicle tax advantage.

Inside Travis Kalanick’s Resignation As Uber’s CEO

At a Chicago hotel, two venture capitalists presented him with a list of demands, including his departure by the end of the day.

Push To Close Long Island TNC Sex Offender Loophole Begins

Uber and Lyft can start operating in Suffolk County on June 29th.

See More News

Facebook Comments ()

Comments (1)

Post a Comment

Submit

Blog

See More

LCT Store

LCT Magazine - July 2017 $12.95 COVER STORY: * Why These Titans Work So Hard to Give it Away * *



Connect

Experience the three annual industry events for networking for business, showcasing vehicles and products, and getting the tools for success.

Read About Your Region

What’s Happening Near You?
Click on any state to see the latest industry news and events in that region.

More From The World's Largest Fleet Publisher

Automotive Fleet

The Car and truck fleet and leasing management magazine

Business Fleet

managing 10-50 company vehicles

Fleet Financials

Executive vehicle management

Government Fleet

managing public sector vehicles & equipment

TruckingInfo.com

THE COMMERCIAL TRUCK INDUSTRY’S MOST IN-DEPTH INFORMATION SOURCE

Work Truck Magazine

The number 1 resource for vocational truck fleets

Metro Magazine

Serving the bus and passenger rail industries for more than a century

Schoolbus Fleet

Serving school transportation professionals in the U.S. and Canada

Please sign in or register to .    Close