(a) Unlicensed Activity.
(1) Unlicensed Activity is the act of providing, soliciting or advertising the provision of any Commission-regulated for hire transportation service by:
(i) Any Licensee whose License is suspended, revoked, or expired and not yet renewed, or
(ii) Any person who does not hold a Valid License as a for hire driver, for the for hire vehicle, or for the for hire service, as applicable.
(b) Specific Penalties. If there are specific penalties for violating a Rule, they are shown at the end of the Rule. The penalty section also states whether the violator must attend a Hearing.
(c) Payment of Fines.
(1) Fines are due within 30 days of the day the Respondent is found guilty of the violation, unless:
(i) the Respondent files an appeal of the decision issued by the OATH Hearings Division within the time required by 48 RCNY Chapter 5, in which case the payment of the fines will be deferred until 30 days after the date of the appeal decision.
(2) If the fine is not paid by the close of business on the date due, the Commission will notify the Respondent in writing that the Respondent's License will be suspended in 10 business days of the date of the notification until the fine is paid, unless the Respondent demonstrates to the Commission, in person or in writing, that the fine has been paid.
(d) Discretionary Penalties. In the alternative to any of the specific penalties established in this Chapter, the Commission may in its discretion, impose a penalty of License revocation, License suspension of up to six months, and/or a fine, not to exceed $1,000 for each violation, against a Licensed Driver. (See 35 RCNY Chapter 68 Adjudications, 35 RCNY § 68-02)
(e) Mandatory Penalties. If a Licensee has violated a Rule listed below, or any combination of these Rules, the Taxi and Limousine Tribunal at OATH or, if applicable, the Chairperson will impose the following mandatory penalties and fines.
VIOLATION Description | Rule | Mandatory Penalty/Fine - ALL |
1. Overcharging Passengers | First violation: $350 if plead guilty before a hearing; $500 if found guilty following a hearing. Second violation (any combination of violations) w/in 24 months: $700 if plead guilty before a hearing; $1,000 and possible suspension of License for up to 30 days if found guilty following a hearing. Third violation (any combination of violations) w/in 36 months: $750 and Revocation of License if plead guilty before a hearing; $1,000 and Revocation of License if found guilty following a hearing. | |
2. Refusal of service – Unjustified refusal to transport Passengers within NYC or defined counties | 35 RCNY § 80-20(a)(1), (5) and (6) | |
3. Refusal of service – Requiring assistant for Passengers with a disability, or seeking to charge additional fares for such an assistant | 35 RCNY § 80-20(a)(2) | |
4. Refusal of service – Refusing to transport wheelchairs, crutches or other mobility aids for Passengers with a disability | 35 RCNY § 80-20(a)(3) | |
5. Refusal of service – Seeking destination before Passenger is seated inside vehicle | 35 RCNY § 80-20(a)(4) |
(1) $10-or-More Overcharge. Notwithstanding the penalty cited above for overcharging Passengers in violation of 35 RCNY § 80-17(a)(1) and (2), if a Driver charges or attempts to charge $10 or more above the approved rate of fare or above the rate quoted by the For Hire Base for a prearranged trip, the Taxi and Limousine Tribunal at OATH or the Chairperson will revoke the Driver License and may require a Driver to return any overpayment to the Passenger.
(2) Calculating Time Periods. The OATH Tribunal or the Chairperson will count the 24- and 36-month penalty periods going backwards, from the date of the last violation.
(3) No License Issued for Period of One Year Following Certain Violations. A driver who has had his or her License revoked for any of the above violations will not be able to receive any Commission License for a period of one year from the date of revocation.
(f) Paratransit Drivers Operating Accessible Street Hail Liveries.
(i) When a Paratransit Driver is operating an Accessible Street Hail Livery, as provided in 35 RCNY § 80-05, the requirements of this Chapter as to the operation of a Street Hail Livery apply to such Paratransit Driver driving an Accessible Street Hail Liveries and such Paratransit Driver can be issued a summons for a violation of this Chapter relating to the operation of a Street Hail Livery.
(Added City Record 9/22/2016, eff. 10/22/2016; amended City Record 2/2/2023, eff. 3/4/2023)