In Hillsborough, A Prius Isn't A Limo

TAMPA - Moshe Leib says it's not a stretch to call his black Toyota Prius a limousine.

Hillsborough County's Public Transportation Commission is skeptical, though, and has denied Leib's application to operate the gas-stingy vehicle as a limo service.

That means Leib, who operates TB Limo in Pinellas, can use the car to take customers into Hillsborough County, but he can't pick them up there, even at the airport.

Now the North Redington Beach man is suing the agency in federal court.

He says the commission infringed upon his right to earn a living as he sees fit when it denied his request for a waiver of its rules that regulate limos.

"It's my right, and the people's right, to drive this car and be driven in this car. If you want to be green, an environmentalist, then you should be able to do that," he said.

He said he can't operate the vehicle as a taxi because the commission provides only a limited number of taxi permits each year and makes them available by lottery.

Even if he paid the commission the $1,500 certificate fee to operate a taxi company in Hillsborough, there's no guarantee he would get picked for a taxi permit. Getting a limo permit doesn't involve a lottery system.

Leib's attorney, Luke Lirot, called the commission's rules for limousines constitutionally defective and noted that they allow for Priuses and any other vehicles.

"They are so nebulous you could drive any size limo through them," he said. His client "has a right to drive a limo that he thinks is commercially viable according to their rules."

Caesar Padilla, the commission's acting director, declined comment because of the lawsuit.

According to the commission's rules, limousines must have a "capacity for 15 passengers or less" and adhere to industry norms for luxury. The commission defines luxury by the vehicle's exterior, interior, amenities - TVs, bars and refrigerators - spaciousness and how the vehicle compares to "current industry standards for vehicles performing limousine service in Hillsborough County."

That includes stretch limos and Hummers.

Leib's Prius has four doors, seats five, including the driver, and has black leather seats. Passengers are entitled to bottled water and a newspaper. The also derive comfort from knowing they're driving in a fuel-efficient vehicle, he said.

Leib, a former computer systems engineer who grew up in Germany, said he's worried about the environment and bought the $26,000 Prius three months ago to appeal to like-minded customers more interested in gas emissions than onboard televisions and refrigerators.

"People love the Toyota Prius," he said. "They love being green."

Dave Shaw, president of the West Florida Livery Association, doesn't buy Leib's argument.

"What he's running is more of a sedan. It's not a limousine," said Shaw, who also runs Paradise Limousines of Tampa. "A limousine is cut and stretched and holds at least six to eight people in back."

Shaw faced a similar dilemma in 2004, when he learned his Mercury Marquis was no longer fancy enough to be a limo.

The commission changed the rules to relate "luxury" to the manufacturer's definition of the term. At the time, Ford no longer regarded the Marquis as a top-of-the-line luxury model. The vehicle, which Shaw purchased in 2000, ended up being grandfathered in, but he couldn't add another Marquis to the fleet.

Shaw said he admires Leib's environmental stand, but he disputes his views about luxury. He also believes that a clear distinction should be made between sedans and limos.

"These rules are there for a reason," he said. "The taxi drivers could say that these vehicles are comparable to taxis and that if you start using them then, you're going to take our business away. There has to be a difference so you don't have the taxi cab industry at war with the limousine industry."