(a) Fit to Hold a License - Applicant. The Chairperson will deny the original or renewal License of any Applicant who fails to demonstrate that the Applicant is Fit to Hold a License. The Chairperson will inform the Applicant, in writing, of the specific reason(s) for this denial. The decision to deny a license Application is in the discretion of the Chairperson.
(b) Fit to Hold a License - Licensee. If at any time the Chairperson is notified that a Driver no longer meets the requirements for licensure, the Chairperson can deny the Driver's renewal application or may seek to suspend or revoke his or her License.
(c) Denial of an Application. The Chairperson can reject or deny a new Application for a License for the reasons specified in this section. If, at the time of submission of an Application by the Applicant, the Chairperson identifies that the Applicant meets the criteria in this section, the Chairperson will reject the Application and no Application fees will be accepted. If the Application is accepted by the Chairperson for processing, no Application fees will be refunded.
(1) Three-Year Ban. The Chairperson can deny an Application if, during the previous three years, the Applicant has committed:
(i) Any act, as prohibited by these Rules, of driving a TLC licensed Vehicle while impaired by intoxicating liquor (regardless of its alcoholic content) or Drugs.
(ii) Any act, as prohibited by these Rules, of bribery, fraud, material misrepresentation, theft, threat against a person, harassment, abuse, or use of physical force.
(iii) Any act, as prohibited by these Rules, involving the possession of a Weapon in a Vehicle licensed under these Rules.
(iv) Any act, as prohibited by these Rules, resulting in the revocation of a prior License, unless the prior License was revoked pursuant to the mandatory penalties set forth in 35 RCNY § 80-02(e).
A. The three-year ban will apply if, while license revocation charges were pending, a prior License expired or was surrendered to the Chairperson.
B. Special Consideration for Persistent Violator Program Revocations. After a minimum of one year from the date the Persistent Violator summons is issued, an Applicant may request a waiver of the three-year ban from the Chairperson. This request can only be made if the Applicant's driving record reflects no more than three points for violations that occurred during the three year period preceding the date of the request for the waiver.
(v) Any act resulting in the disqualification of an applicant from the examination specified in 35 RCNY § 80-04(j)(2). The three-year ban will be counted from the date of the examination the applicant was disqualified from.
(2) One-Year Ban. The Chairperson can deny an Application if, during the previous one year, the Applicant has committed:
(i) More than three Collisions within a single year. The one-year ban will be counted from the date of the last Collision.
(ii) The traffic infraction of unlicensed operation of a motor vehicle. The one-year ban will be counted from the date of the violation.
(iii) Prior Application Denied. The Chairperson will deny an Application that is submitted within one year after the submission of a prior Application, if the previous Application was denied because the Applicant was found not Fit to Hold a License. The one-year ban will be counted from the date the prior Application was submitted to the Commission.
(iv) Illegal use of Drugs, as determined by the Commission following a drug test required by the Commission. This includes where the drug test result was unchallenged or unsuccessfully challenged. The one-year ban will run from the date of the failed drug test.
(3) Other Reasons for Denial of an Application.
(i) Mistake or Omission in the Application. The Chairperson can deny an Application if the Application includes any material mistake or omission, or if the Applicant fails to inform the Chairperson of any material change in the Application.
(ii) Eligible for Persistent Violator Penalty. The Chairperson can deny an Application if the Applicant would, if licensed, be subject to License suspension or revocation under the Persistent Violator Program at the time the Application is submitted.
A. For purposes of this subparagraph, TLC will consider DMV points accrued no earlier than 15 months prior to the date of the application in order to determine whether the new applicant meets the Persistent Violator Program standard.
(iii) Pendency of Criminal Charges. The Chairperson will defer consideration of an Application if the Applicant has criminal charges pending. If the charges are not resolved within 90 days after the submission of the Application, the Application will be denied.
(4) Settlements. When settling charges which may result in the revocation of a License, the Chairperson and the Respondent in that proceeding may agree to a ban on applying for a new License different than that provided for in these rules, provided that the agreement is in writing.
(d) Failure to Complete Application Requirements.
(1) The Chairperson will deny an Application for a new License if the Applicant has not completed all of the requirements of an Application within 90 days of the date the Application is filed.
(2) The Chairperson will deny an Application for a renewal License if the Applicant has not completed all of the requirements of an Application within 180 days after the expiration date of the prior License.
(3) The Chairperson will not deny an Application under this Rule if completion is delayed because the Chairperson has not issued a final decision and the Applicant has complied with any requests made by the Chairperson.
(e) Additional Consideration of an Application. If a review of the Application leads the Chairperson to believe that the Applicant may not be Fit to Hold a License, the Chairperson may seek additional information from the Applicant. This request for additional information may be an in-person interview, telephone call, letter, e-mail, or other method of communication. This additional consideration may result in the denial of the Application. Failure to provide any requested information within the time frame requested, or failure to appear at a scheduled interview will result in denial of the application.
(Added City Record 9/22/2016, eff. 10/22/2016; amended City Record 6/15/2017, eff. 7/15/2017; amended City Record 2/2/2023, eff. 3/4/2023; amended City Record 5/10/2023, eff. 6/9/2023)