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A dispatch is a request "made from a Base Station to a Driver, directing the Driver to provide transportation to a passenger who has previously arranged for such transportation" (TLC Chapter 51). In everyday terms: the trip was booked before you picked the person up — through your base, a dispatcher, or an app. For for-hire vehicle (FHV) drivers, this one word decides whether a pickup is legal.
Dispatch vs. hail
Based on the definitions of Hail, E-Hail and Dispatch in Chapter 51 and §80-19. See also e-hail.
The no-dispatch summons
Rule §80-19(c)(1) says an FHV driver "must not solicit or pick up Passengers other than by prearrangement through a licensed Base of the class that can dispatch the Driver's For-Hire Vehicle." The penalty box: $200–$350 for a first violation; $350–$500 and up to 30 days' suspension for a second within 24 months; revocation for a third within 36 months. Inside the Manhattan hail zone (south of East 96th and West 110th Streets) and at the airports, §80-19(c)(2) raises it to $500, then $750, then revocation (Chapter 80).
Source: NYC Open Data, OATH case status. Note that the far more serious unlicensed-activity charges under the Administrative Code are a separate matter; see unlicensed activity and street hails.
If you get this summons, the dispatch record is usually the first thing to collect: the time the trip was booked, the pickup address, and the passenger's request. A lawyer can tell you what else helps.
Talking to your base while driving
TLC's phone rule is strict (see §80-14(g)(1)), but dispatch has a narrow exception. In an FHV or street hail livery, a short business-related communication with a base is not "use of an electronic communication device" if all of these apply (§80-03(c)(8)(3)):
- It is about a dispatch;
- It uses an FCC-licensed two-way radio, or a device (including a smartphone) mounted in a fixed position, not hand-held; and
- It uses voice or one-touch pre-programmed buttons.
Typing on a hand-held phone is not covered, and neither are calls that are not about a dispatch. Our cell phone rule guide goes deeper.
Frequently asked questions
What is a dispatch under TLC rules?
TLC Chapter 51 defines Dispatch as 'a request made from a Base Station to a Driver, directing the Driver to provide transportation to a passenger who has previously arranged for such transportation.'
Can an FHV driver pick up a passenger without a dispatch?
No. §80-19(c)(1) says an FHV driver must not solicit or pick up passengers other than by prearrangement through a licensed base of the class that can dispatch the vehicle. A first violation is $200–$350.
Is talking to my base a cell phone violation?
Not if all conditions in §80-03(c)(8)(3) are met: it's a short business communication with the base about a dispatch, using an FCC-licensed two-way radio or a device mounted in a fixed position (not hand-held), by voice or one-touch pre-programmed buttons. It applies to FHVs and street hail liveries.
What proves a trip was dispatched?
Trip records from your base or app usually show when and how a trip was arranged. Ask your base for them early if you get a summons; your lawyer can advise what evidence fits your case.
Sources
Last reviewed against the official sources on .
- TLC Rule Book, Chapter 51 (Definitions) nyc.gov
- TLC Rule Book, Chapter 80 (§80-03, §80-19) nyc.gov
- NYC Open Data: OATH Hearings Division Case Status (jz4z-kudi) data.cityofnewyork.us
Spotted something out of date? Tell us and we'll check it against the official source.
TLC Help is not a law firm and is not affiliated with the NYC Taxi & Limousine Commission or OATH. Explanations on this site are general information, not legal advice. Legal representation is provided by independent attorneys and OATH-registered representatives in our network.