Hello everybody… This month, I want to talk about 35 Rules of the City of New York section 80-14(g), entitled “Use of an Electronic Communication Device While Operating a TLC Vehicle.”

Essentially, Rule §80-14(g)(1) states that: “A driver must not use an electronic communication device while operating a vehicle. A driver can use an electronic communication device only while the vehicle is lawfully standing or parked.

Fine: $250 if you plead guilty before a hearing; $350 if found guilty after a hearing, plus suspension. The suspension is deferred for 60 days, and if the Driver completes a Distracted Driving Portable Electronic Device Course within that time, he or she will not be suspended. Points: 3 for the first and second offenses in any 15-month period; 4 points for the third offense in any 15-month period.

It is essential to use a knowledgeable rep or lawyer to fight an electronic device ticket. They can often arrange to eliminate the TLC points you would be assessed if found guilty after a hearing – and may even be able to significantly reduce the fine. You also will NOT have to attend a distracted driving course, if you use a rep or lawyer. You must fight each of these tickets because there are graduated penalties, meaning, a third violation carries more points than a first or second violation.

Remember, this is a TLC violation ONLY… it will NOT affect your DMV license but will be combined with DMV points. You could even lose your TLC operator’s license for having too many combined DMV and TLC points.

Thank you for reading this article. Until next month, be well…

Article by Michael Spevack

A 1992 graduate of NYU School of Law, Michael Spevack has been a lawyer in good standing in New York State since 1993. He has been helping NYC for-hire vehicle drivers since 1995, when he opened his own law firm. Mr. Spevack can be reached at 212.754.1011; he also welcomes visitors at his office: 1204 44th Avenue Long Island City NY 11101.

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