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Glossary termOATH hearings & process

Petitioner (OATH): Who Is the Other Side in a TLC Case?

In a TLC hearing the petitioner is the agency that wrote your summons. What it must prove, its 30-minute appearance rule, and when its no-show ends the case.

  • Reviewed
  • 2 min read
  • 6 official sources

Definition

Petitioner

The agency or person that issued the summons and prosecutes it at OATH — usually TLC in a driver case.

On this page (4)
  1. Petitioner vs respondent at a TLC hearing
  2. Why the definition matters to you
  3. FAQ
  4. Sources

The petitioner is the side that brings the case against you. At OATH it means "the governmental or individual who issued a summons" (48 RCNY §6-01). On most TLC driver summonses, the petitioner is TLC. You are the respondent.

The word petitioner simply marks which side is asking OATH to act; it says nothing about who is right. Not every taxi summons is written by TLC itself. OATH's public data labels taxi cases by issuing agency: TLC, Port Authority Police (often at the airports) and NYPD (NYC Open Data). Whoever wrote it, TLC's rules still apply.

Who writes taxi and FHV summonses (2021–2025)

Share of taxi/FHV summonses filed at OATH, by issuing agency. Counts summonses, not outcomes.

  • TLC88% 274,492
  • Port Authority Police12% 36,336
  • NYPD0% 294
Show data table
LabelSummonses (summonses)
TLC274,492
Port Authority Police36,336
NYPD294

Source: NYC Open Data: OATH Hearings Division Case Status (jz4z-kudi) · Data as of Oct 12, 2026. Counts are summonses filed at OATH by the agency, dated by violation_date (the date on the summons). A summons is not a finding of guilt. hearing_status, hearing_result, penalty_imposed, paid_amount and the charge descriptions are blank for taxi rows in this dataset, so it cannot show outcomes or fines. Port Authority Police patrol the airports and other Port Authority facilities, but this dataset has no usable location field, so it cannot show where any summons was written.

Petitioner vs respondent at a TLC hearing

Each side's duties under OATH's rules

Row labelPetitioner (TLC)Respondent (you)
Burden of proofMust prove the summons facts by a preponderance of the evidenceOnly for an affirmative defense you raise
On time meansReady within 30 minutes of your timely appearanceReady within 90 minutes of the scheduled time
If they don't appearSummons dismissed (unless it timely asked to reschedule)Default decision against you
RescheduleOnce; must notify you 3+ days ahead with proofOnce; must reach OATH before the hearing time
WitnessesMust produce the complaining witness when credibility mattersMay bring your own witnesses and documents

Sources: 48 RCNY §5-01a and §5-02 (TLC cases), §6-05 (reschedules) and §6-12(a) (burden of proof). If a hearing doesn't begin within three hours after both sides appear on time, the Tribunal dismisses the summons without prejudice, meaning it can be brought again.

Why the definition matters to you

"More likely than not" is the test. The petitioner doesn't have to prove guilt beyond a reasonable doubt, as in criminal court. But it does have to prove each element. TLC warns, though, that when a law enforcement officer wrote the summons, the allegations are sworn and the judge may accept them as evidence (TLC).

You can ask for their evidence. If you send a written request that the petitioner receives at least five business days before the hearing, you are entitled to its witness list and the documents it plans to use (§6-07).

The petitioner's witness matters. If the summons is based on a complaint by a passenger or another person and that person's credibility matters, TLC must produce the witness in person or remotely, or explain to the hearing officer what it did to try. If the effort was inadequate, the summons is dismissed (§5-02).

The petitioner can drop the case. TLC can withdraw a summons, even after a decision.

If TLC never asks OATH for a hearing at all, TLC's rules say the charges are withdrawn after one year from the date of the summons (§68-08(a)). For the court itself, see OATH.

Learn more in what TLC must prove at your hearing and witnesses at an OATH hearing.

Frequently asked questions

Who is the petitioner in a TLC case?

OATH's rules define the petitioner as the government body or individual who issued the summons. For most driver summonses that is TLC; some taxi summonses are written by Port Authority Police or NYPD.

What does the petitioner have to prove?

The petitioner must prove the facts in the summons by a preponderance of the evidence, which means 'more likely than not'. You only carry a burden if you raise an affirmative defense (48 RCNY §6-12(a)).

What if TLC doesn't show up to my hearing?

In TLC cases, if the petitioner does not appear within 30 minutes of your timely appearance and has not timely asked to reschedule, OATH will dismiss the summons (48 RCNY §5-01a(b)).

Can the petitioner reschedule my hearing?

Yes, once per summons. It must notify you at least three days before the original hearing date and file proof of that notice with OATH, or the request is denied (48 RCNY §6-05).

Sources

Last reviewed against the official sources on .

  1. OATH Rules, Subchapter A: General Matters (48 RCNY §6-01 Definitions) nyc.gov
  2. OATH Rules, Chapter 5: TLC cases (48 RCNY §5-01a, §5-02) nyc.gov
  3. OATH Rules, Subchapter B: Pre-Hearing Procedures (§6-05, §6-07) nyc.gov
  4. OATH Rules, Subchapter C: Hearings (§6-12) nyc.gov
  5. TLC: Received a Drivers License Summons? nyc.gov
  6. 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.

Related

GuideWhat TLC Must Prove at Your OATH HearingThe burden of proof in TLC cases: preponderance of the evidence, why a sworn summons is prima facie proof, what a summons must contain, and when cases end.Read GuideWitnesses at an OATH Hearing: Your Rights as a TLC DriverBringing your own witnesses, questioning TLC’s, the rule that TLC must produce a complaining passenger, inspector adjournments, subpoenas and statements.Read GuideOATH Hearings for TLC Drivers: Phone, Online, In PersonHow OATH hearings work for TLC summonses: the deadlines to request a phone or in-person hearing, sending a written defense, and what the judge decides.Read RespondentThe person or business charged on a TLC summons — the side that answers the petitioner's case at OATH.WithdrawalTLC dropping a summons on its own — for error, bad service or enforcement policy, or after a year without requesting a hearing; penalties are vacated and fines refunded.Data & statisticsTLC Summons Statistics: OATH Data, 2014–2025How many TLC summonses are filed at OATH each year, who writes them, and which rule codes appear most, from official NYC Open Data, with its limits explained.See the data