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A withdrawal is when TLC drops its own summons. It is not a judge's ruling and not a deal with you: TLC, as the petitioner, decides the summons should not go forward. Under TLC's rules, the Chairperson "may withdraw a summons, even if it has been adjudicated" (35 RCNY §68-20(b)).
When TLC withdraws
The rule lists three grounds. The summons was:
- Written in error,
- Ineffectively served on you, or
- Written in contravention of the Chair's enforcement policy.
There is also an automatic version. If TLC "fails to request a hearing within one year from the date of the summons, the charges will be withdrawn" (§68-08(a)).
What happens to penalties
This is the part that matters most. When the Chair withdraws a summons, any fine, suspension, revocation, Persistent Violator points or penalty points imposed after the hearing are vacated, and any fines paid are refunded (§68-20(b)(2)). TLC must tell you, and must promptly tell OATH if the case is open or decided there. OATH's rules add that the petitioner must notify OATH and you in writing, and OATH then issues a decision showing the withdrawal (OATH rules).
Withdrawn, dismissed, settled — not the same
Some dismissals happen because of TLC's own conduct at OATH. In TLC cases, OATH dismisses the summons if TLC doesn't appear within 30 minutes of your timely appearance (and didn't ask to reschedule), or if it fails to make adequate efforts to produce a complaining witness whose credibility matters (48 RCNY §5-01a, §5-02). Those are dismissals, not withdrawals.
What to do with this
If you think your summons was written in error or never properly served, say so — in writing to TLC, or through your representative — but keep your hearing date. A withdrawal is TLC's choice, and until you see it in writing, the case is live. You can watch the status by summons number: see check your TLC summons status.
Compare with a settlement (see TLC settlement offers) and learn what TLC must prove at your hearing.
Frequently asked questions
What does it mean when a TLC summons is withdrawn?
TLC, as the petitioner, has dropped the summons. TLC's rules let the Chairperson withdraw a summons, even one already decided, if it was written in error, not properly served, or written against the Chair's enforcement policy (35 RCNY §68-20(b)).
Do I get my money back if a summons is withdrawn?
Yes. When the Chair withdraws a summons, any fine, suspension, revocation, Persistent Violator points or penalty points imposed after the hearing are vacated, and any fines paid are refunded (35 RCNY §68-20(b)(2)).
Can a summons be withdrawn automatically?
Yes. If TLC fails to request a hearing within one year from the date of the summons, the charges are withdrawn (35 RCNY §68-08(a)).
How will I know?
TLC must notify you, and OATH's rules require the petitioner to notify OATH and you in writing. OATH then issues a decision showing the summons was withdrawn.
Can I ask TLC to withdraw my summons?
The rules give the decision to the TLC Chair, on the three grounds listed. If you believe one applies, raise it with TLC in writing or through your representative, and keep preparing for your hearing in the meantime.
Sources
Last reviewed against the official sources on .
- TLC Rule Book, Chapter 68 (§68-08 Failure to Prosecute, §68-20(b) Withdrawals) nyc.gov
- OATH Rules, Subchapter C: Hearings (petitioner withdrawals) nyc.gov
- OATH Rules, Chapter 5: TLC cases (48 RCNY §5-01a, §5-02) nyc.gov
- TLC: Received a Drivers License Summons? 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.