By Michael Spevack
Hello everybody… This month, I want to talk about New York City Administrative Code section 19-1004. In 2019, the NYC Administrative Code was amended to add the “10” rules (rules beginning with 10, rather than the number 5), which are applicable to TLC – and most importantly for our purposes – TLC operators/drivers. Rule 19-1004 concerns the dismissal by an administrative law judge or hearing officer of duplicate notices of violation or tickets.
Section 19-1004 of NYC Administrative Code reads in part: “a. An administrative law judge or hearing officer shall dismiss a notice of violation in relation to a hearing before the tribunal on a violation of a law or regulation enforced by the commission upon determining that such notice of violation is substantively identical to a violation received for the same act under commission rules or provisions of law other than commission rules, provided that such substantively identical violation has not already been dismissed by the relevant adjudicatory body. b. In order for such administrative law judge or hearing officer to determine whether to dismiss such notice of violation, the respondent shall provide proof to such administrative law judge or hearing officer at such hearing in the from of summonses pertaining to the duplicate or substantively identical violations.”
This rule is a driver’s friend. One important area is where a driver receives a red light summons from NYC Department of Finance and TLC seeks to impose points and a monetary penalty upon said driver for such violation. Rule 19-1004 mandates that such TLC summons be dismissed as duplicative. However, it is important to note that if the owner of the car is separate from a driver, then the summonses will be issued to two different parties/respondents and a driver will NOT be entitled to use 19-1004 in her defense. Also, sometimes TLC issues multiple summonses for the same offense; this rule mandates a dismissal of one of them.
It is important to consult with a qualified TLC lawyer or representative if you receive a TLC summons. I am available for a free initial consultation if you have any questions or concerns about your legal issues.
Thank you for reading my article. Until next month, be well.
