Glossary termFines, payments & suspensions

Revocation (TLC License): Mandatory vs Discretionary

Revocation ends your TLC license; it is not restored. Mandatory vs discretionary revocation, the main triggers, and how long you wait to reapply.

  • Reviewed
  • 2 min read
  • 4 official sources

Definition

Revocation

The permanent loss of a TLC license; to drive again you must apply for a new one after any waiting period.

On this page (5)
  1. Two kinds of revocation
  2. When it takes effect
  3. Waiting to reapply
  4. FAQ
  5. Sources

Revocation means TLC takes your license away for good. OATH's guide for TLC cases says revocation "means the loss of a TLC license. It will never be restored" (OATH guide). To drive again, you must apply for a new license after any waiting period, and TLC may say no.

Compare that with a suspension, which pauses your license for a period or until you comply, and then it comes back. OATH also warns that if you choose to surrender your license and apply for a new one, "there is no guarantee that TLC will give you a new license". Reapplying is a separate process at TLC, not at OATH.

Revocation is about your TLC license only. Your New York DMV license is a separate matter, decided by DMV.

Two kinds of revocation

Mandatory vs discretionary revocation

Row labelMandatoryDiscretionary
Definition (§68-03)Revocation a rule says must be imposedRevocation a rule allows but doesn't require, e.g. 'and/or revocation'
ExamplesCharging $10+ over the fare; a third overcharge or refusal violation within 36 months; 10+ Persistent Violator pointsAny rule violation where the Chair finds a threat to public health, safety or welfare
Warning on the summonsMust say a guilty finding will result in revocationMust say a guilty finding could result in revocation
Who decidesOATH Hearing Officer; penalty follows automaticallyOATH ALJ recommends; the TLC Chair issues the final decision
Appeal routeOATH Appeals UnitThe full Commission, from the Chair's Final Decision (§68-11)

Sources: 35 RCNY §68-03, §68-06, §68-11, §68-13; the mandatory penalties are in §80-02(e) and §80-27.

Read the top of your summons. TLC must state on the summons when a guilty finding will or could result in revocation (§68-06(a)(6)–(7)). If you see that warning, treat the case as serious and get advice before your hearing date. In a discretionary case, TLC must first decide that your continued licensure "presents a threat to public health, safety, or welfare", and the case is heard by an OATH Administrative Law Judge (§68-13(b)). Our separate entry on discretionary revocation goes deeper.

When it takes effect

A revocation becomes effective on the date you are found guilty (§68-02(c)). In discretionary cases the OATH judge's ruling is a recommended decision, so it becomes final only when the Chair decides.

Waiting to reapply

Common waits before TLC will consider a new application

  1. 1 year

    Overcharge / refusal revocations

    No TLC license of any kind for one year after revocation under the §80-02(e) mandatory penalties.

  2. 1 year (waiver request)

    Good to know: Persistent Violator revocations

    You may ask the Chair to waive the three-year ban after one year if your record shows 3 or fewer points in the prior three years.

  3. 3 years

    Watch out: Most other revocations

    TLC can deny an application for three years after an act that led to revocation of a prior license (§80-08(c)(1)(iv)).

These are the rules' minimum waits, not promises. TLC can still deny a new application, for example if it finds you not fit to hold a license. TLC explains the process on its reapplying after revocation page.

For the full process see TLC license revocation and getting your license back. Points-based revocation is explained under persistent violator, and pre-hearing suspensions under summary suspension.

Frequently asked questions

What does revocation mean for a TLC license?

OATH's guide for TLC cases puts it simply: revocation means the loss of a TLC license and it will never be restored. To drive again you must apply for a new license, which is a separate TLC process with no guarantee.

What is the difference between mandatory and discretionary revocation?

Mandatory revocation applies when a rule says revocation must be imposed. Discretionary revocation is when revocation is one possible penalty (for example 'and/or revocation') or when the Chair decides your continued licensure threatens public health, safety or welfare (35 RCNY §68-03).

How long after revocation can I reapply?

It depends on the reason. TLC can deny an application for three years after certain acts, including most revocations; revocation for the repeat overcharge and refusal penalties in §80-02(e) bars any TLC license for one year (35 RCNY §80-02(e)(3), §80-08(c)(1)).

Is revocation the same as suspension?

No. A suspension takes your license away for a set time or until you comply, and then it comes back. Revocation ends the license.

Sources

Last reviewed against the official sources on .

  1. TLC Rule Book, Chapter 68 (§68-02, §68-03, §68-06, §68-13) nyc.gov
  2. TLC Rule Book, Chapter 80 (§80-02(e), §80-08, §80-27) nyc.gov
  3. OATH: Taxi and TLC-Licensee Cases at the Trials Division (guide) nyc.gov
  4. TLC: Reapplying After Revocation nyc.gov

Spotted something out of date? Tell us and we'll check it against the official source.