Four hackney drivers have taken a High Court challenge to proposals to more than double the number of taxi licences in Dublin city and to increase the number of taxi licences in Dundalk.
They are challenging ministerial regulations governing the process for the issue of taxi licences. If the action is successful, it would mean there would be no prohibition on the granting of taxi licences in future.
The case has been taken by Mr Christopher Humphrey, St Teresa's Gardens, Donore Avenue, Dublin; Mr Tony Doyle, St Laurence's Park, Stillorgan, Co Dublin; Mr Kevin Brady, Ashbrook Avenue, Dundalk; and Mr Thomas O'Connor, Greenwood Drive, Red Barrons Road, Dundalk.
The original respondents in the case are: the Minister for the Environment and Local Government; the Minister of State at the Department of the Environment and Local Government; Ireland; the Attorney General; Dublin Corporation; and Dundalk Urban Council. Last month, the National Taxi Drivers' Union was added as a respondent.
Counsel for the four applicants said it was intended under the proposed scheme to offer holders of taxi licences in Dublin a second licence. This meant that some people holding two, 20 or even 30 licences would get an additional licence for each one they held.
It is claimed that successive Ministers for the Environment and Local Government have exceeded their powers in making taxi regulations.
In an affidavit, Mr Humphrey said he held a hackney licence and had been working as a hackney driver for seven years in the Dublin taxi meter area. He had not been offered or granted a taxi licence. As a hackney driver, he was not allowed to ply for hire, which was a considerable detriment to his business.
Mr Humphrey said he did not qualify for a new licence because he did not hold a current taxi licence.
The increase in the number of taxi licences would have a significant economic effect on the operation of his business and on that of the great proportion of hackney drivers in Dublin. He had been informed by Mr Doyle - his fellow applicant - that he had invested £1 million in a radio operating system for hackney cabs. Despite this, the Minister had effectively precluded him from competing for even one of the licences to be issued.
Mr Humphrey said he was advised that while the Minister was clearly entitled to make regulations for the control and operation of public service vehicles, there was no provision in the Road Traffic Act 1961 entitling him to set a numerical limit or even permit the setting of a numerical limit to the number of taxi licences to be issued in an area where taxis were operating.
Mr Brady said that although he had applied for a taxi licence, he had not been offered or granted one for the Dundalk area and he had been unable to operate a taxi business as a consequence.
The hearing, before Mr Justice Murphy, is expected to last several days.