Judge nixes health care tax for cab drivers

A Manhattan judge nixed a 6-cent surcharge for city hacks to pay for health care, ruling the tax could be imposed only by the Legislature.

The Taxi and Limousine Commission rule violated "the separation of powers doctrine" and was "arbitrary and capricious," Justice Margaret Chan wrote in the decision released Friday.

"I'm thrilled," said veteran driver Guy Vieux, 60, of Queens, who was a plaintiff in the lawsuit filed last year challenging the Oct. 1, 2013, tax.

"The TLC cannot impose their rules all the time on someone else's bread and butter," he said.

Vieux and other cabbies argued the fee would go only toward tutorials for ObamaCare, not actual health care — and the state already provides those services for free.

Chan agreed that the new fund was redundant.

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