(a) Reckless Driving Rule. A Driver must not operate his or her Vehicle in a manner that would violate section 1212 of the NYS Vehicle and Traffic Law.
35 RCNY § 80-14(a) | Fine: $350 - $1,000 and/or suspension up to 30 days, or revocation if Driver is found guilty of having violated this rule more than three times within an 18-month period. Points: 4 | Appearance REQUIRED |
(b) Driving While Impaired.
(1) A Driver must not operate a Vehicle while his or her driving ability is impaired by intoxicating liquor (regardless of its alcoholic content) or while he or she is under the influence of Drugs.
(2) A Driver must not drive or occupy his or her Vehicle for at least six hours after consuming any intoxicating liquor regardless of its alcoholic content, or any Drugs.
(3) A Driver may be charged with Driving While Impaired regardless and independent of any of the Driver's previous Drug Test results.
35 RCNY § 80-14(b) | Fine: Revocation. | Appearance REQUIRED |
(c) Drug Testing for Cause. If the Commission has a reasonable suspicion that a Driver has used a Drug that makes him or her unfit to operate a Vehicle safely, the Commission can direct the Driver to be tested, at the Driver's expense, by a Commission-approved person, licensed by the NYS Department of Health, and the Driver must comply.
35 RCNY § 80-14(c) | Fine: Summary suspension until compliance.
| Appearance NOT REQUIRED |
(d) Annual Drug Testing.
(1) All Drivers except (1) Drivers who are City of New York Police Officers or (2) Paratransit drivers, must be tested annually, at the Driver's expense, for Drugs in order to retain Valid Licenses.
(2) The drug testing must be performed by an individual or entity designated by the Commission and possessing a requisite permit issued by the New York State Department of Health.
(3) For Drivers in the first year of a three-year License, the testing must occur no sooner than 90 days before the one-year anniversary date of the License, and not after the one-year anniversary date.
35 RCNY § 80-14(d)(3) | Summary suspension until compliance. $200 if compliance is more than 30 days after the deadline.
| Appearance NOT REQUIRED |
(4) For Drivers in the second year of a three-year License, the testing must occur no sooner than 90 days before the second-year anniversary date of the License, and not after the second-year anniversary date.
35 RCNY § 80-14(d)(4) | Fine: $100 if plead guilty before a hearing; $200 if found guilty following a hearing and suspension until compliance. | Appearance NOT REQUIRED |
(5) For Drivers in the third year of a three-year License, the annual drug testing must occur no sooner than 90 days before the License expiration date.
35 RCNY § 80-14(d)(5) | If the Driver fails to be tested within this time period, his or her License will expire and will not be renewed. | Appearance NOT REQUIRED |
(e) Results of Drug Test. Driver must pass every drug test, including "For Cause" drug tests under 35 RCNY § 80-14(c) and "Annual" drug tests under 35 RCNY § 80-14(d). If the results of either test are positive, or if the sample cannot be tested, the Driver's License shall be summarily suspended, and can be revoked after a hearing.
35 RCNY § 80-14(e) | Penalty: Summary suspension and revocation.
| Appearance REQUIRED |
(f) Limits on Hours of Driving.
(1) Generally. A Driver must not transport any Passenger(s) for hire in excess of the daily and weekly limits detailed in this subdivision.
(i) Daily and weekly driving hours will be calculated by adding up the time that passengers are being transported for hire. Time between trips will not be counted as driving hours.
(ii) The pickups that a Driver makes while operating any Vehicle pursuant to this Chapter will be combined for the purpose of counting hours toward the daily or weekly limit.
(iii) If any time exceeds the daily limit and serves as the basis for a violation of the daily limit, such time cannot also be counted toward a violation of the weekly limit.
(iv) It is a defense to a violation of the limits set forth in this subdivision that any such limit was exceeded because of a single trip that began before the limit was reached.
(2) Daily Limit. A Driver must not transport any Passenger(s) for hire for more than 10 hours in total in any 24-hour period. Exception: If a Driver transports no Passengers for hire for at least eight consecutive hours, the 10-hour count resets and such Driver may resume picking up Passengers for hire.
35 RCNY § 80-14(f)(2) | Hours above the daily limit: No more than 1 hour: $50 if plead guilty before a hearing; and $75 if found guilty following a hearing. Over 1 hour but no more than 2 hours: $100 if plead guilty before a hearing; and $150 if found guilty following a hearing. Over 2 hours but no more than 3 hours: $150 if plead guilty before a hearing; and $200 if found guilty following a hearing. Over 3 hours but no more than 4 hours: $200 if plead guilty before a hearing; and $300 if found guilty following a hearing. Over 4 hours: $300 if plead guilty before a hearing; and $400 if found guilty following a hearing. If guilty of three or more violations in a calendar month for exceeding the daily limit by four or more hours, penalty shall also include a suspension of at least 5 days but no more than 15 days. | Appearance NOT REQUIRED |
(3) Weekly Limit. A Driver must not transport any Passenger(s) for hire for more than 60 hours in total in any seven-day period that begins on Monday and ends on Sunday.
35 RCNY § 80-14(f)(3) | Hours above the weekly limit: No more than 1 hour: $50 if plead guilty before a hearing; and $75 if found guilty following a hearing. Over 1 hour but no more than 2 hours: $100 if plead guilty before a hearing; and $150 if found guilty following a hearing. Over 2 hours but no more than 3 hours: $150 if plead guilty before a hearing; and $200 if found guilty following a hearing. Over 3 hours but no more than 4 hours: $200 if plead guilty before a hearing; and $300 if found guilty following a hearing. Over 4 hours: $300 if plead guilty before a hearing; and $400 if found guilty following a hearing. If guilty of three or more violations in a calendar month for exceeding the weekly limit by four or more hours, penalty shall also include a suspension of at least 5 days but not more than 15 days. | Appearance NOT REQUIRED |
(g) Use of Electronic Communication Device.
(1) 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.
35 RCNY § 80-14(g)(1) | Fine: $250 if plead guilty before a hearing; $350 if found guilty following a hearing, and suspension. The suspension is deferred for 60 days; if the Driver completes a Distracted Driving Portable Electronic Device Course within the 60-day period then the Driver will not be suspended.
Points: 3 for the first offense and for the second offense in any 15-month period; 4 for the third offense in any 15-month period. | Appearance NOT REQUIRED |
(2) In addition to the penalties provided above for any violation of this Rule, a Driver convicted of a violation of this Rule must complete a Distracted Driving Portable Electronic Device Course no later than 60 days after the date of conviction. The license of a Driver who does not complete the Distracted Driving Portable Electronic Device Course within the 60 day period will be suspended until compliance. The Driver must provide proof that the course was completed. In instances where the Chairperson has not received proof of completion of a Distracted Driving Portable Electronic Device Course from a TLC Distracted Driving Portable Electronic Device Course provider, the Chairperson will provide notice to the Driver prior to suspension that the Driver has a specified time of no less than 10 days from the date of the notice to provide proof of completion of a Distracted Driving Portable Electronic Device Course to the Chairperson by mail.
(3) Affirmative Defense. A Driver can offer an affirmative defense to a charge of Using an Electronic Communication Device under this Rule if all of the following are true:
(i) The communication was to an emergency response operator;
(ii) The communication reports an imminent threat to life or property;
(iii) The Driver could not safely stop the Vehicle to make the report; and
(iv) The Driver provides documentary proof of communication with an emergency response provider.
(h) Serious Crashes. A Serious Crash is one in which any person has suffered Critical Injury or death. "Critical Injury," for purposes of this subdivision, means any injury determined to be critical by the emergency medical service personnel responding to such crash.
(1) If a Driver has been issued a summons for or charged with one or more traffic related violations or crimes in a Serious Crash, the Driver's License may be Summarily Suspended, upon a finding that the Driver's conduct was a substantial cause of the Serious Crash. Upon conviction of the Driver of one or more of the violations or crimes stated in the summons or charges and upon a determination that one or more of the violations or crimes for which conviction occurred was a cause of Critical Injury or death, the Driver's License will be revoked. A Summary Suspension pursuant to this section may be lifted pursuant to this Title or upon dismissal of all such charges or upon a finding of not guilty of all of the stated traffic related violations and crimes, except that the Chairperson may continue to suspend the Driver's License pursuant to an investigation into such Driver's fitness, and such License may be revoked if the Driver is found not Fit to Hold a License (see paragraph (2)). This subdivision does not limit in any way the Chairperson's authority to Summarily Suspend a Driver for other reasons.
(a) After any Serious Crash of which the TLC is notified involving a Driver operating a Licensed Vehicle, the TLC will review whether the Driver is Fit to Hold a License under 35 RCNY 80-08(b). The TLC can seek Suspension or Revocation of the Driver's License and can Summarily Suspend the Driver's License while any fitness review or enforcement action is pending, in accordance with 35 RCNY § 68-15.
(Added City Record 9/22/2016, eff. 10/22/2016; amended City Record 2/13/2017, eff. 3/15/2017; amended City Record 6/15/2017, eff. 7/15/2017; amended City Record 10/12/2018, eff. 11/11/2018; amended City Record 12/9/2020, eff. 1/8/2021; amended City Record 2/2/2023, eff. 3/4/2023)