Congratulations! As a driver/operator licensed by the New York City Taxi & Limousine Commission, you get a free prize from TLC if you violate a New York State or City or other NYC local rule of the road (NYC park rule, etc.). Your prize: a TLC ticket that can carry as many as 8 TLC points. If you are caught speeding 41 or more miles per hour over the speed limit in NYC, you could also be fined up to $400.
Let’s examine these three TLC rules to see how they apply to TLC driver/operators.
Rule 80-13(a)(1) prohibits stationary violations of NY traffic law rules (aka parking violations). While there are no TLC points associated with a violation of this rule, a driver who is found by an OATH judge to have violated it will receive a $200 fine. It is a $100 fine if the driver pays the ticket prior to a hearing. Be cautious; don’t double park or commit other parking infractions in NYC.
Rule 80-13(a)(2) prohibits “non-hazardous” moving violations. This violation will result in a fine only… no points. The fine is $200 if a driver pleads guilty prior to a hearing or $300 if a driver/operator is found guilty at OATH after a hearing.
What exactly is a “non-hazardous” moving violation? While not defined in TLC rules, in practical terms, it means any moving violation NOT contained in rule 80-13(a)(3), which prohibits “hazardous” moving violations. There are 14 distinct types of hazardous moving violations found in TLC rule 80-13(a)(3) – one such example is a U-turn ticket.
Rule 80-13(a)(3) is the rule drivers should be most concerned with because, in addition to increased monetary penalties ($300 if pled guilty prior to a hearing or $400 if found guilty at OATH), a violation of this rule results in at least 3 TLC points and as many as 8 such points, if a driver gets a 40+ mph speeding ticket. Remember, TLC points are the enemy of any TLC driver/operator, which is why TLC drivers ABSOLUTELY SHOULD use a lawyer to fight TLC tickets that contain points. Common examples of hazardous moving violations include speeding, running red lights or stop signs and changing lanes improperly, among other things.
In most cases, I can plea bargain these types of tickets to obtain 0 TLC points for drivers, so they will NOT lose their license under the TLC point system (which also counts DMV points). Remember, too many points can result in the loss of your TLC license by suspension or revocation of at least one year…. So, be careful.
IMPORTANT: It is public policy that a police officer should NOT issue you a speeding ticket that is returnable at OATH for a TLC violation under 80-13(a)(3) and a speeding ticket returnable at the traffic violations bureau of DMV in New York City at the same traffic stop. In other words, double summonsing for the exact same offense is considered NOT allowable. However, there is no clear rule in the VTL for DMV that prohibits double summonsing. While NYC Administrative Code rule 19-1004 does prohibit double summonsing at TLC, the initial DMV ticket must be resolved PRIOR to the TLC ticket resolution. This is problematic because DMV tickets take years to resolve in adjudication in many cases – much longer than TLC tickets in the vast majority of instances. Be aware of this and tell your lawyer if you receive a double summons.
Thanks for reading this article. Until next month, be well…
