The TLC enforcement unit employs many prosecutors who have the authority to bring charges against operators/drivers and owners who violate – or allegedly violate – TLC rules, according to a TLC inspector or NYPD or PAPD (Port Authority Police) officer. Under the New York City Charter, the TLC has one commissioner (currently David Do), who is empowered to delegate his authority to the TLC enforcement unit to pursue charges of various rules violations against operators and owners of TLC vehicles. The TLC enforcement unit brings such charges via its prosecutors who are broken up into units under the head of TLC enforcement.
The prosecutors of the TLC enforcement division have great discretion afforded to them under TLC rules, especially TLC rule 35 RCNY 68-20, entitled settlements and withdrawals.
I have written articles before regarding this rule. Essentially, a TLC prosecutor may offer an operator/driver or owner (or even a non-licensee in the case of unlicensed street hail pickups) a settlement or even withdraw a summons in his or her own discretion, or a prosecutor may seek approval from a senior member of the TLC enforcement unit. Ultimately, a decision to settle a summons or withdraw a summons falls under the power of TLC Chair David Do, who may decline to offer a settlement or withdrawal, even after one of his staff offers one to a TLC licensee if Chair Do decides that such settlement or withdrawal contradicts TLC purposes.
It is rare for me to commend the TLC in print. However, I believe that the TLC prosecution unit (via its prosecutors) do a good job of offering deals to operators/drivers and owners in many ticket situations. It is important to remember that reduced fines and points are at the discretion of prosecutors, who may seek harsher penalties against drivers or owners but often do not do so.
Note that in traffic court in New York City, also known as the New York State Department of Motor Vehicles Traffic Violations Bureau, no such discretion exists. That is, at DMV traffic court, issuing police officers may not offer a motorist, who is a TLC licensee or even a civilian motorist, a lesser charge instead of a speeding or stop sign or red light ticket, etc.
At TLC, prosecutors do have this power and they do exercise it quite often.
I urge every driver or owner who receives a TLC ticket to contact a TLC lawyer like me to assist them in obtaining the best settlement offer or even withdrawal under TLC rule 68-20. I am available for a free initial consultation to discuss your options should you receive a TLC summons.
Thanks for reading this article. Until next month, be well…
