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A motion to vacate is a written request asking OATH to cancel ("vacate") a default decision and give you a new hearing. You file it when you missed your hearing and were found in violation without being heard. OATH's rules call it a "request for a new hearing after a failure to appear" (48 RCNY §6-21).
It does not decide whether you are guilty. If it is granted, you simply get your hearing back. A default is not the end of the road, but every week you wait makes it harder: the fine is already due to TLC, and unpaid TLC fines lead to suspension (see can TLC suspend my license for unpaid fines?).
The clock
The 75-day rule and the "reasonable excuse" test come from OATH's general rules. The two-year limit is special to TLC summonses: it comes from 48 RCNY §5-03, which applies NYC Administrative Code §19-506.1. Other agencies' summonses generally have a one-year limit, so don't rely on advice written about parking or sanitation tickets.
What goes in the request
OATH's rule says the request must be on an OATH-approved form, be dated, give your current mailing address, explain how and when you learned of the violation, and be certified under penalty of perjury. If a representative files it, it must explain their relationship to you.
When you are past 75 days, the hearing officer looks at things like whether the summons was properly served, whether there was an emergency or medical problem, whether the cause was outside your control, and whether you kept your address current with TLC. That last one matters: TLC mails summonses to the mailing address on file (35 RCNY §68-05), so an old address weakens your excuse.
Two traps
Also, paying first doesn't help: if you already paid and the motion is granted, OATH won't consider a refund until the new hearing is decided.
For a step-by-step walkthrough see how to file a motion to vacate and missed your OATH hearing?. Count your days with the deadline calculator.
Frequently asked questions
What does 'motion to vacate' mean?
It is a written request for a new hearing after you missed your hearing and OATH issued a default decision against you. OATH's rules call it a 'request for a new hearing after a failure to appear' (48 RCNY §6-21).
How long do I have to file a motion to vacate a TLC default?
For TLC summonses, OATH's Chapter 5 says you may file within two years from the date the default decision was entered (48 RCNY §5-03, based on Admin. Code §19-506.1). Filing early is better, because the first 75 days get the easiest treatment.
Is a motion to vacate automatically granted?
Under OATH's general rule, a first request submitted within 75 days of the mailing or hand delivery of the default decision will be granted. Later requests must include a reasonable excuse and supporting documents, and a hearing officer decides.
What if I default again after my motion is granted?
A second default on the same summons cannot be vacated with another request, and it cannot be appealed at OATH. The only route left is a court case under CPLR Article 78, so treat the new hearing date as fixed.
Is a motion to vacate the same as an appeal?
No. An appeal challenges a decision made after a hearing. A motion to vacate asks for the hearing you missed.
Sources
Last reviewed against the official sources on .
- OATH Rules, Chapter 5: TLC cases (48 RCNY §5-03) nyc.gov
- OATH Rules, Subchapter E: Defaults (48 RCNY §6-20, §6-21) nyc.gov
- TLC Rule Book, Chapter 68 (§68-03 Definitions) nyc.gov
- OATH: Hearings and Defaults nyc.gov
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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.