TAXI drivers in Waterford are seeking to restrain hackney cabs from operating in public taximeter areas of the city, the High Court was told yesterday.
Miss Justice Carroll gave leave to the taxi drivers to serve short notice on hackney cab drivers for Monday, when, the case will be entered in the list.
She refused the taxi drivers an interim injunction restraining the hackney cab drivers from operating in public places.
She said there were two sides to a story and only in the clearest of situations could an interim injunction be allowed.
On Monday both sides could have the opportunity to give their case, she said.
Mr Michael Counihan, counsel for the taxi drivers, in an ex parte application, read an affidavit by Mr Larry O'Hara, Skibbereen Lawn, Lismore Heights, Waterford, also on behalf of 28 others.
Mr O'Hara said he was the nominated representative of the Waterford Taxi Drivers' Association which has its principal place of business at The Butler Centre, John's Park, Waterford.
The defendants, Mr Patrick Corcoran and 10 others, were all licensed to drive small public service vehicles for private hire only and were hackney cabdrivers under the Road Traffic (Public Service Vehicles) Regulations of 1963 to 1995.
The taxi drivers were all holders of licences to use small public service vehicles for public hire.
Only taxi drivers may provide the service of contracting to carry members of the public for reward in cars in a taximeter areas as they were the licence holders.
Hackney drivers were prohibited from conducting the business of using public hire vehicles in a taximeter area.
Their business was confined to the carriage of people for reward in cars by contract made outside a taximeter area. They were not permitted to seek business in any taximeter area. They did not have meters fitted to their cars.
The defendants were, in effect, offering their services for public hire in the taximeter area of Waterford City in contravention of the regulations.
The hackney drivers were parking their vehicles on roads where there were no taxi ranks and were offering their services to members of the public, particularly at night near discotheques, hotels, bars and other venues.
The hackney vehicles were readily identifiable as public service vehicles and the public used them as if they were taxis. Hackney drivers had recently started to use several premises in John Street, Waterford, as a central location from which to offer passenger carriage services. Metro Cabs used one premises and Three Sevens and a Ten used another. No planning permission had been obtained for use of the premises for the services provided.
The taxi drivers had made complaints to the Garda and Waterford Corporation.