Motion to Vacate an OATH Default: How to Write It

If OATH decided your TLC summons by default because you missed the hearing, you can ask OATH for a new hearing. Lawyers still call it a "motion to vacate the default"; OATH's rules now call it a "request for a new hearing after default" (48 RCNY §6-21). Act fast: a first request within 75 days is granted. After that, you must prove a good reason — and you only get one chance per summons.

For the big picture of what a default means, start with missed your OATH hearing?. This page is the detailed "how to write the request" companion.

Why it matters more for TLC drivers

A default means the facts in the summons are deemed admitted, you are found in violation, and the penalties are imposed without further notice (§6-20). OATH warns that a higher fine may be imposed (OATH). For a TLC driver there is an extra risk: the fine is due to TLC within 30 days, and if it goes unpaid TLC sends a notice and suspends your license 10 business days later until it is paid (TLC Rule 68-02(c), TLC Chapter 68). TLC also warns that a judge may find you guilty in your absence and impose "fines, points, or suspension or revocation" (TLC), and points count toward the Persistent Violator Program. If you only learn about a default when a suspension notice arrives, act the same day.

Which tier are you in?

A note on counting the 75 days

The rule text counts 75 days from "the mailing or hand delivery date of the default decision" (§6-21(b)). OATH's FAQ and online form page say OATH will grant a request "received by the OATH Hearings Division within 75 days of the date of the missed hearing date" (OATH FAQ). These can be different days. Count from the missed hearing date — the earlier one — and you are safe under both.

The TLC two-year rule

OATH's general rule says a late request must be filed within one year of the default decision (§6-21(c)). TLC summonses have their own chapter in OATH's rules, and it takes precedence where the two conflict: under 48 RCNY §5-03, based on Administrative Code §19-506.1, a respondent may file a written motion to vacate a default decision within two years of the date the default was entered. You still need a reasonable excuse after 75 days. Waiting is never helpful: the fine and any suspension stay in place while you wait.

What the request must contain

Under §6-21(a), the request must be made on OATH's approved form and must:

• be dated;
• give your current mailing address (this is where OATH sends the new hearing notice);
• explain how and when you learned of the violation;
• be certified under penalty of perjury; and
• if a lawyer or representative files it, explain their relationship to you.

OATH accepts the form online or by mail, and you can fill it in in the language you are most comfortable with (OATH FAQ). The online version is on OATH's Reopen a Missed Hearing page.

Writing a "reasonable excuse" (after 75 days)

If you are past 75 days, the hearing officer decides whether your excuse is reasonable using the factors in §6-21(d). Address the ones that fit your case, and attach proof for each:

Be honest and specific. Write short, dated facts — for example: "I was admitted to Elmhurst Hospital on March 3 and discharged March 9; the hearing was March 5. Discharge papers attached." Never invent an excuse — the form is signed under penalty of perjury. Note factor 8: if you moved and did not update your address with TLC, that can count against you, so explain the circumstances if it applies.

Ask for a new hearing, or just pay?

OATH's FAQ gives you two choices after a default: pay the penalty (plus any added penalties), or request a new hearing (OATH FAQ). Paying ends the case but leaves the finding — and any points — on your record. A new hearing puts you back where you were before you missed it: you can contest the charge and present your evidence. You can also ask TLC whether it will make a settlement offer, since TLC — not OATH — makes those.

Ask yourself three questions:

1. Do I have a defense? If the summons has the wrong facts, the wrong person, or a rule that doesn't fit, a hearing is worth having.
2. Do points matter? If the defaulted charge carries points and you are near the Persistent Violator limits, a hearing can protect your license.
3. Am I already suspended? If TLC suspended you for the unpaid default fine, read TLC license suspended: what to do — a granted new hearing does not by itself clear a suspension, so ask TLC how it treats your license while the case is reopened.

If you are not sure what "default" means on your record, see the glossary entry for default decision and the short answer to what happens if I miss my OATH hearing.

After you file

• If granted, OATH sends a notice of the new hearing to the address on your request. If you can't make that date, you may ask to reschedule one final time (§6-21(g)). See rescheduling an OATH hearing and then prepare for the hearing.
• Granting a new hearing doesn't decide whether you were properly served or the right party — you can still raise those issues at the hearing (§6-21(i)).
• If you already paid, a refund is considered only after the new hearing ends with a decision (§6-21(h)).
• If denied, that is OATH's final determination; the only review is in court under CPLR Article 78 (§6-21(j)). The default penalty stays, and for TLC cases it must be paid to TLC — see paying TLC fines.

Vehicle seized?

If your vehicle was seized for unlicensed activity and a default is vacated while TLC still holds the vehicle, TLC Rule 68-17(c)(3) requires the new hearing to be held no later than 14 days after the decision that triggered it.

Don't miss the new hearing

The worst outcome is to win a new hearing and then miss it. A second default on the same summons can't be reopened by another request. Put the date in your phone, confirm the hearing method (phone, online or in person), and keep the OATH notice with your summons.

This page is general information, not legal advice. For a request past 75 days, or any second default, talk to a lawyer before filing.