By Michael Spevack
Hello everybody… This month, I want to talk again about: 35 RCNY section 68-20 titled special procedures–settlements and withdrawals. You might remember from my past columns, Title 35 of the rules of the City of New York concerns the Taxi & Limousine Commission (TLC). Rule 68-20(b) is the topic of today’s column – since last month I discussed 35 RCNY rule 68-20(a), “[s]ettlements,” which I consider the most important TLC rule for drivers.
The heading for Rule 68-20(b) is “Withdrawls.” This rule is a superpower rule for drivers that is an extreme remedy for a driver who has been charged and found guilty after a hearing by OATH. The rule states in relevant part, that “(1) [t]he Chairperson may withdraw a summons, even if has been adjudicated, if the Chairperson determines that it was: i. [w]ritten in error[;] ii. [i]neffectively served on the Respondent[;] or iii. [w]ritten in contravention of the Chairperson’s enforcement policy…”
The Rule continues: “(2) If the Chairperson withdraws a summons: i. [a]ny fine, suspension, revocation or Persistent Violator Points or Penalty Points imposed after the hearing will be vacated[;] ii. [a]ny fines paid will be refunded [to a Respondent driver]; iii. [t]he Chairperson will notify the Respondent [driver] that the summons was withdrawn[;] and iv. [i]f a withdrawn summons is open or has been completed before the Taxi and Limousine Tribunal at OATH or the OATH Tribunal, the Chairperson shall promptly notify the tribunal… [that the summons has been vacated.”
As you can see, this is a very powerful TLC rule, which is very hard to trigger and use by an affected driver. For most tickets (99% after a guilty hearing at OATH), the penalty is typically a fine, but sometimes a suspension or revocation, etc.
However, it is good to be aware of this rule.
Please note that regarding service of a summons (that is, if TLC mails you a ticket to an old address), it will not typically result in the withdrawal of the summons because it is up to the driver to make sure the TLC has the correct mailing address.
Believe it or not, TLC does withdraw summons written in error regularly on its own. It is always smart to consult with a TLC knowledgeable lawyer or representative to discuss any TLC ticket that you receive.
Thank you for reading my article. Until next month, be well.
