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Published on February 2, 2008

Representative Wichet Thienthong named the Transport Ministry and Land Transport Department as first and second defendants, saying they abused their authority by placing too heavy a regulatory and financial burden on people.

Article 10 of the regulation issued last October 24 by then deputy transport minister Sansern Wongcha-um requires that newly registered metered taxis in Bangkok have to be fuelled by NGV only.

The regulation, in effect since December 31, has caused the Land Transport Department to refuse to register taxis without NGV tanks installed. The drivers requested the court to revoke Article 10 and issue an injunction against its enforcement pending the ruling.

The court accepted the petition for consideration of whether the legal review and injunction were merited.

The complaint said the plaintiffs suffered greatly because not enough NGV stations - all operated solely by PTT - were available, and each filling took too long, about one to two hours. During that time they had no fares.

Taxis registered before this regulation were mostly rented in two shifts - 6am-6pm and 6pm-6am - the writ said.

A taxi travels about 300 kilometres on one shift and consumes one kilogram of gas for every 7.5km. Since only two NGV tank sizes are available - a 100-kilo tank, which could last up to 150km, and a 70-kilo tank, which could go for up to 112km - one shift needs two fillings, which wastes a lot of time, the plaintiffs argued.

The regulation violated taxi drivers' rights by giving them no choice in using other appropriate fuels, and constitutional rights for people's vocation and fair competition by forcing people to use fuel from only one supplier, they said.

The association had written to PTT and the Land Transport Department seeking a delay or postponement of the rule but the requests were turned down, the plaintiffs said.

Kesinee Tangkhio

The Nation