Two Tokyo-based taxi associations comprising owner-drivers have stopped forwarding dispatch calls from customers to 83 of their member drivers, claiming that the cabbies have failed to observe the associations' policy to ban smoking in member vehicles and raise fares.

"That constitutes interference with my business," said one of the owner-drivers in an interview with The Yomiuri Shimbun. The driver will face a marked cut in income due to the sanctions imposed by his association.

The Fair Trade Commission warned taxi associations this month that such sanctions could be deemed unfair. But one of the associations says it plans to persevere with the policy.

"The smoking ban is a promise we've made to passengers," an association official said.

The associations are Toeikyo, whose member taxis have a rooftop lamp in the shape of a traditional chochin lantern, and Tokokyo, whose vehicles' lamps are shaped liked snails.

The two organizations raised their pickup fees to 710 yen on Dec. 3, and introduced complete smoking bans in their member taxis on Jan. 7.

About 3,100 of their 17,700 member taxis based in Tokyo's 23 wards are equipped with a radio.

Of these vehicles, 17 Toeikyo owner-drivers and 61 from Tokokyo have refused to comply with the smoking ban. Five Toeikyo cars are still using the previous fare calculation system, with the pickup fee set at 650 yen, sources said.

Frustrated by the disobedient drivers, who remain unmoved by attempts to persuade them to change, both associations in February stopped transferring dispatcher calls to cabs that refused to observe the smoking ban. Earlier this month, Toeikyo also stopped forwarding calls from customers to the five taxis still using the old fare system.

Without the dispatcher calls from customers, the taxi drivers are unable to pick up regular clients, many of whom use taxi tickets to pay for long-distance travel late at night.

FTC probes fairness of ban

"I'm a smoker myself, so I wanted to differentiate my service from others," said a 61-year-old driver from Edogawa Ward, Tokyo, who belongs to Toeikyo but refuses to ban smoking in his taxi.

Of his income of 8 million yen in 2007, about 4.1 million yen was earned through calls from the radio dispatcher.

To cover the income decrease, he leaves home two hours earlier than before, working through the night into the early hours to pick up fares in entertainment districts such as Akasaka and Roppongi.

Another male driver in Adachi Ward, 69, who has not raised the starting fare, said, "I just wanted to see how it [the fare raise] would affect business."

Both drivers said they did not understand the associations' penalties against them. "They're trying to starve us into surrendering to their management policies," one of them said.

The drivers filed complaints against the companies with the FTC, claiming the associations' sanctions were "unfair restrictions on activity"–something banned under the Antimonopoly Law.

After questioning the organizations several times about the matter, the FTC warned them earlier this month that their actions could be deemed unfair restraint of trade.

Following the FTC warning, Toeikyo plans to resume the dispatcher calls to all drivers from May 7.

However, Tokokyo has yet to decide how to respond.

A Tokokyo official said: "We think it's natural members face penalties if they don't obey our management policies. We want to consider a support system to help the drivers purchase a new car that they can make a proper nonsmoking vehicle."

http://www.yomiuri.co.jp/dy/national/20080430TDY03103.htm