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Hybrid mandate for taxis reversed - The Boston Globe

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THIS STORY HAS BEEN FORMATTED FOR EASY PRINTING

Hybrid mandate for taxis reversed


Judge says Boston rule violated act of Congress Owners no longer need to
buy new cars by 2015
By Jonathan Saltzman, Globe Staff | August 15, 2009

A federal judge struck down yesterday a year-old rule requiring Boston cab owners to buy new energy-efficient
hybrid cars by 2015, ruling that Mayor Thomas M. Meninos initiative violated an act of Congress.
US District Court Judge William G. Young sided with taxi owners who had argued that the mandate to green
the entire fleet of 1,825 licensed cabs would cost them thousands of dollars and put many out of business.
The city, Young wrote, had infringed on the Energy Policy and Conservation Act of 1975, which establishes
fuel economy standards for vehicles and forbids local officials from setting up their own standards.
In an unusual introduction to his ruling, Young related that his 10-year-old grandson had heard arguments
recently on the case and asked him: Why cant Boston do what it wants with its taxis? Its for the
environment.
The answer, Cam, is that the Congress of the United States, pursuing national goals it considers important,
has forbidden Boston from taking this initiative on behalf of its citizens, Young wrote.
The 17-page ruling, which resembled a recent decision by a federal judge in New York blocking a push for
hybrid cabs there, delighted the Boston Taxi Owners Association, the plaintiffs.
We think the judge made the right decision, said Paul H. Merry, the associations lawyer. The cab operators
have wanted from day one to support the citys efforts to protect the environment. But those efforts need to be
conducted in a way that does not deprive people of jobs.
He said he suspects the city will appeal the ruling to the US Court of Appeals for the First Circuit, but hopes
that the Menino administration will meet with cab drivers to discuss a less onerous way to improve fuel
economy for taxis.
William F. Sinnott, the citys corporation counsel, said he needs to talk with the Police Departments Hackney
Carriage Unit, which regulates the taxi industry, before he can say whether the city will appeal.
We appreciate Judge Youngs thoughtful consideration of the issue, Sinnott said. Were reviewing his
memorandum and order, and we will meet with our clients shortly and assess our next steps.
Sinnott said the city might agree to negotiate a settlement out of court, saying, Were always amenable to
discussions.
Merry said cab drivers might take steps to replace gas-guzzling taxis with more fuel-efficient cars if the city
relaxes other rules it has recently imposed.
He said, for example, that some cab owners have had problems after installing required credit card machines
in their vehicles. Some of the machines have malfunctioned, he said, requiring repairs that take hours or days.
That costs people money, Merry said.

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Hybrid mandate for taxis reversed - The Boston Globe

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Raphael Ophir, a Jamaica Plain plaintiff in the lawsuit, said he and other cab drivers favor the greening of the
fleet. But they objected to a rule that they had to buy new hybrids, instead of less expensive used ones, and
that said that other fuel-efficient cars were unacceptable.
Let people choose what they are comfortable with, said Ophir, 60, who owns three hackney medallions and
leases them to several cab drivers. If somebody wants to buy a hybrid, buy a hybrid. If someone wants to buy
a regular Camry, buy a regular Camry.
Supporters of the rule were undeterred by Youngs decision.
George Bachrach, president of the Environmental League of Massachusetts, said he hopes the city will appeal
the decision or ask Congress to amend the federal law to allow local communities to impose fuel economy
standards. If that fails, however, he said, market realities will ultimately result in a fleet of hybrid taxis.
With or without government intervention, the taxi fleet will convert to energy-efficient vehicles, said Bachrach,
who testified at city hearings in support of the rule. Its in [cab drivers] own economic interest.
Menino and Police Commissioner Edward F. Davis announced the requirement for new hybrids last August as
part of an effort to improve the condition of taxis. (The city also raised fares to among the highest in the nation
to offset high gas prices.) Cab owners are required to replace taxis every six years to maintain the condition of
the fleet.
Traditionally, most cabs in Boston are used Ford Crown Victorias, usually former police cars outfitted with new
radios, partitions, and other taxi features. Cab drivers say they can buy such cars for as little as $4,000,
although the city says the price ranges from $7,500 to $10,000.
After the new rule was adopted, cab owners pleaded unsuccessfully for the right to buy used hybrids or other
fuel-efficient vehicles. That flexibility would save them money not only on the price of the vehicle, but also on
the cost of insurance, which can run as high as $14,000 to $20,000 a year for a new Toyota Camry hybrid, cab
owners said.
Two months ago, Boston cab drivers were buoyed when US District Court Judge Paul A. Crotty blocked a
similar effort in New York. Those regulations promoted hybrid taxis by reducing the rates cab owners could
charge drivers for leasing nonhybrid taxis. Mayor Michael R. Bloomberg has appealed.
Then, on July 23, Young granted the cab drivers request for a temporary injunction after Boston refused to
hold off implementation of the plan while he considered whether the hybrid rule was legal.
Saltzman can be reached at [email protected].

Copyright 2009 The New York Times Company

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