On this page (6)
A fitness hearing decides whether you are "not Fit to Hold a License." TLC's Chairperson calls you in as a respondent when TLC believes your conduct or record makes you unfit to drive the public (35 RCNY §68-14). It is not about a single traffic or service rule. The question is about you, and the result if TLC wins is serious: "The License of a Licensee who is found to be not Fit to Hold a License will be revoked."
What can trigger one
Under §68-14(a), the reasons include:
- Acts that question whether you can safely interact with the public or drive, such as driving impaired, bribery, fraud, theft, threats, harassment, use of force, a weapon in the vehicle, or a summons for traffic violations in a crash where someone was critically injured or killed;
- Any felony conviction;
- Convictions for listed offenses, such as third-degree assault, DWI, leaving the scene of an accident, and others named in the rule;
- A failed drug test from illegal drug use, or not complying with drug testing procedures (see TLC drug test).
Separately, you must tell TLC in writing within 15 calendar days after any criminal conviction (§80-12(h)).
How the case runs
Sources: §68-14 and OATH Trials Division guide.
What the Chairperson must weigh
For cases based on criminal convictions, §68-14(e) says the Chair shall not, to the extent possible, revoke solely because of a conviction unless the offense is directly related to the license duties or continued licensure would pose an unreasonable risk. Under §68-14(f) the Chair must consider factors including: the duties of the license, how the offense bears on them, time passed since the offense, your age then, your years of licensure and record, how serious it was, and evidence of rehabilitation and good conduct. Gather that evidence early — letters, certificates, work records.
Related
A fitness case often comes with a summary suspension, where TLC suspends first and holds a hearing after. It is one path to revocation, alongside discretionary revocation. OATH's guide warns that what you say at OATH could be used in a pending criminal case, so speak with your criminal lawyer first. Full guide: TLC fitness hearing.
Frequently asked questions
What triggers a TLC fitness hearing?
Under §68-14(a), reasons include acts showing you may not be able to safely interact with the public or drive (such as impaired driving, fraud, threats or a weapon in the vehicle), any felony conviction, convictions for listed offenses, and a failed drug test or failure to comply with drug testing.
Who decides a fitness case?
An OATH judge holds the trial and writes a Recommended Decision. The TLC Chairperson accepts, rejects or modifies it in writing, and that is TLC's final determination (§68-14(c)-(d)).
Does a criminal conviction mean automatic revocation?
No. §68-14(e) says, to the extent possible, the Chair shall not revoke solely because of a conviction unless there is a direct relationship to the license duties or continued licensure would pose an unreasonable risk. The Chair must consider factors such as time passed, age at the time, and rehabilitation.
Can I appeal the final decision?
OATH's Trials Division guide says that if TLC rules against you, you may appeal TLC's final decision to New York State Supreme Court. Talk to a lawyer about deadlines.
Sources
Last reviewed against the official sources on .
- TLC Rule Book, Chapter 68 (§68-14 Fitness Revocation Hearings) nyc.gov
- OATH: Taxi and TLC-Licensee Cases — A Guide to Your Trial at the OATH Trials Division nyc.gov
- TLC Rule Book, Chapter 80 (§80-12(h)) nyc.gov
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.