An OATH appeals court judge dismissed three charges against a TLC-licensed driver, after the court ruled that the TLC could not reissue the summons, since the TLC representative failed to appear at the original hearing (original number 10125540C) within 30 minutes of the driver’s appearance at an OATH tribunal. Noting the TLC’s “lack of readiness to proceed,” the court sided with the driver in the case: TLC v. Bammou, appeal number 10125540H (May 07, 2020) summons number 10125540H.
The TLC’s initial summons (10125540C) was issued on June 04, 2019, alleging that on November 19, 2018, the respondent/driver violated three TLC rules. The driver appeared for a hearing on November 25, 2019 for this summons but the TLC’s representative didn’t appear in a timely manner, as stated above, so the case was dismissed. The TLC then reissued the summons, despite the judge’s ruling initially dismissing the summons against the driver under summons number 10125540H. The driver appeared again at the OATH hearing and a second OATH judge ruled for the respondent/driver, stating that the initial dismissal was done with prejudice, meaning that the TLC was not allowed to reissue the summons.
TLC appealed, and the OATH appeals judge again ruled in favor of the driver, articulating in a clear and concise analysis the rules that prevented TLC from reissuing the summons again under revised summons number 10125540H. The issue on appeal was whether the initial dismissal of the summons was with or without prejudice. (In this instance “prejudice” is a good thing for the driver, meaning that TLC can’t legally issue the summons again).
The OATH appeals judge cited three rules:
- NYC Admin Code § 19-1002: providing that OATH shall dismiss a ticket if TLC’s representative does NOT appear within 30 minutes of the respondent/driver appearing.
- NYC Admin Code §19-1005: stating that a hearing must be dismissed without prejudice if an OATH hearing does not begin within three hours of the appearance of both respondent/driver and the petitioner/TLC. In this case, the OATH judge, not the TLC representative, is not ready to proceed.
- 48 RCNY 5-01a: OATH rule tracking 19-1005 of the NYC Admin. Code and dismissing without prejudice, if the court/OATH is responsible for a hearing not beginning timely – within 3 hours – NOT the TLC prosecutor.
The OATH judge also discussed the legislative history of NYC Admin Code section 19-1002 and determined that this rule mandates that if TLC is not ready to proceed within the allotted 30 minutes, the dismissal is with prejudice. The appeals judge’s holding was that “once summons 1012554011C was dismissed with prejudice, the petitioner was precluded from issuing summons 10125540H charging the exact same conduct.”
Therefore, if TLC fails to prosecute you at your hearing in a timely manner (within 30 minutes of your appearance), they may not issue a summons against you for the exact same conduct. If they do, tell the judge at the second hearing about NYC Admin. Code § 1002 and this decision, TLC v. Bammour (appeal number 10122540H May 07, 2020).
Thanks for reading this article. Until next month, be well…
