Hello everybody… This month, I am addressing the 35 Rules of the City of New York section 80-14(g)(1), which prohibits drivers from using an electronic communication device while operating a vehicle. You may have guessed this typically refers to cell phones, but many don’t realize the vehicle doesn’t need to be moving. The only requirement is that the engine is on and the vehicle is not parked.

Violating this rule is quite costly: $350 after a guilty finding by an OATH judge, plus 3 points for a first or second violation within 15 months from issuance, and 4 points for a third violation in that period. That means 3 TLC cell phone violations in 18 months will result in a license revocation (since 10 points are accumulated) – if no point-reduction classes were taken within that 15-month period.

IMPORTANT: TLC will suspend you for a violation of 80-14(g)(1) for 60 days if you are found guilty after a hearing, unless a violator takes a TLC-approved distracted driving course within 60 days of the guilty verdict.

As you can see, don’t use your cell phone, CB or two-way radio while your vehicle is operational. If you need to talk, pull over and park!

If you receive this TLC violation, protect your license and consult a professional. (I offer free initial consultations and can often save drivers points and money.)

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: 3100 47th Avenue, Suite 3100, Long Island City, NY 11101

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