BOSTON TAXI OWNERS and drivers are up in arms about much more than the recent edict that they all buy new hybrid automobiles. While they support the rule calling for the move to fuel-efficient vehicles, the regulation was part of a much broader and more onerous Rule 403 issued by the city's Hackney Division that seems designed to devalue taxi medallions and destabilize the industry as a whole.
I started driving a cab in 1969, and now as owner of three taxicab medallions, I've never seen the industry as threatened or endangered. It's surprising that a $1 billion-plus industry made up of about 1,200 mostly small, independent business owners with 1,825 medallions would find their livelihood in jeopardy - not by current economic conditions but by overregulation and a seeming unwillingness to even consider our concerns.
The oversight of Boston's cabs is now completely in the hands of one police officer who runs the city's Hackney Division and who can create, enforce, and interpret taxicab rules without the checks and balances that exist elsewhere in government. Without debate or input from those with years of experience in this business, the Hackney Division's director issued Rule 403 declaring standards on everything from credit card processing and cellular phone usage to proper attire and signage.
We're all for upgrading and improving service for consumers, but what industry is subjected to such a high level of regulation without the opportunity to provide input and advice to those making the rules?
Already the limitations on credit card processing fees have driven two companies that provide equipment and service from the Boston market. The remaining companies are requiring cabbies to sign 10-year leases on their products.
Rule 403 unreasonably forces cab owners and operators to purchase only new hybrid vehicles, a requirement that a federal judge ruled wasn't valid in New York. The Hackney Division claims Rule 403 can be waived in cases of "proven financial hardship," but we have yet to see drivers who were offered the opportunity. The term "financial hardship" provides no criteria for defining what that means and ignores the real fact that nearly every cabdriver in the city could be considered in financial straits in this economy using the most conservative measures.
Meanwhile, the city's required taxicab school has been closed for seven months, thus shutting off a source of supplemental income or transitional employment for people in these difficult times. Why is there a de facto freeze on new cabdrivers in Boston?
In the case of hybrids, there are serious public safety issues with using cars made with lighter materials and that are prone to sustain heavier damage in commercial 24/7 settings. Will consumers be OK with the smaller passenger and trunk space? And why, when our president is urging us to buy American, does the city pass a law that virtually requires the taxi industry to buy from Japanese automakers?
These issues deserve free and open debate. It was the city's refusal to even listen to our concerns and explain the rationale behind Rule 403 that led to the filing in federal court to try to stop its immediate implementation. We have asked for a reasonable extension to give us time to absorb the changes, allow time for the economy to improve and an opportunity to register our concerns.
The police commissioner should consider these issues before he signs on to Rule 403.
Peter Sheinfield is a Boston taxi driver and owner. 
