GuideApps, bases & deactivation

The Cruising Cap Below 96th Street, Explained

TLC rule 59D-21 caps empty app-car time in Manhattan below 96th St at 31%. How cruising is counted, who is fined, the WAV exemption and what it means to you.

  • Reviewed
  • 4 min read
  • 6 official sources
On this page (8)
  1. The rule in plain words
  2. How cruising time is computed: §59D-21(b)
  3. The fine: $350 per 100 hours over
  4. Congestion Zone = below 96th Street (not 60th)
  5. What it means for you as a driver
  6. Step by step: if you think the cap is affecting your work
  7. FAQ
  8. Sources

In short: TLC rule §59D-21 limits how much time Uber and Lyft cars may spend driving around empty in Manhattan south of 96th Street. Since August 1, 2020, cruising may be no more than 31% of the time available app cars spend in that zone, from 6am to 11pm on weekdays and 8am to 11pm on weekends. The limit is on the company, not on you: Uber or Lyft is fined $350 for every 100 hours it goes over in a month.

You can't get a summons under this rule. But it explains why the apps watch how many drivers are logged on in Midtown and Lower Manhattan, and why you will see different "zones" for different charges.

The rule in plain words

The full text is in TLC Rules Chapter 59, §59D-21, "Restrictions on Cruising Time in the Manhattan Core." It has three parts:

  • (a) The limit. A High-Volume For-Hire Service "must limit the total amount of time Available Vehicles spend Cruising while in the Congestion Zone." The limit was 36% from February 1, 2020 and became 31% from August 1, 2020. It applies 6am–11pm Monday to Friday and 8am–11pm Saturday and Sunday. Overnight hours are not counted.
  • (b) How time is counted. Cruising is "all the time" a company's available cars spend in the zone "without a passenger," split between companies as described below. Wheelchair accessible vehicles are left out.
  • (c) Review. TLC reviews compliance, service outside the zone and other information "no less than annually" to decide whether to change the limits.

Three defined terms from Chapter 51 make the rule work:

  • Congestion Zone: "the geographic area of Manhattan south of and excluding 96th Street."
  • Available Vehicle: an FHV "available to accept dispatched trips from a High-Volume For-Hire Service" — in practice, you are logged on and free.
  • Cruising: time an FHV spends available for dispatch "while not transporting a passenger," and it "includes the time a For-Hire Vehicle spends driving to pick up a passenger."

How cruising time is computed: §59D-21(b)

Most app drivers keep both Uber and Lyft open. The rule has a method for that:

  1. Add up empty time in the zone

    Every minute your car is available, inside the Congestion Zone, with no passenger, during the covered hours, counts as Cruising.

  2. Give en-route time to the app that sent the trip

    Time spent driving to a pickup after you accept a trip goes only to the company that dispatched it (§59D-21(b)(2)).

  3. Split the rest by each app's trip volume

    Other empty time is shared between the apps you are logged on to, in proportion to each company's total trips in the Congestion Zone for that period (§59D-21(b)(1)).

  4. Leave out WAVs

    Available wheelchair accessible vehicles are not included in a company's cruising time at all (§59D-21(b)(3)).

  5. Compare with the cap each month

    TLC compares the company's cruising hours with 31% of its cars' total hours in the zone for the previous calendar month.

The rule's two examples, put together. The rule gives two separate examples; here they are combined into one (our illustration, not TLC's). A car spends 10 hours cruising in the zone while available to Company A and Company B. Two of those hours are driving to pickups for A, and three are driving to pickups for B. In the rule's (b)(1) example, A dispatched 800,000 trips in the zone and B 200,000. Using those volumes: A gets its 2 hours, B gets its 3 hours, and the remaining 5 hours are split 80/20, so A gets 4 more and B gets 1 more. Final count: 6 hours to A, 4 hours to B. (The rule's (b)(1) example alone: 10 hours, no en-route split, so 8 hours to A and 2 to B.)

The fine: $350 per 100 hours over

The penalty under §59D-21(a) is "$350 for each 100 hours by which the High-Volume For-Hire Service exceeds the limit" in the previous calendar month. The rule's example uses the old 36% cap: if cars spent 2,500,000 hours in the zone in March 2020 and 925,000 of them cruising, the company went over by 25,000 hours and faces an $87,500 fine. If a company goes over by more than 10%, TLC "may seek suspension of up to 30 days or revocation." Appearance at the hearing is required, for the company.

To check compliance, TLC requires each company to report, for every available car, the time it spends in the Congestion Zone and the time spent cruising there, plus entry and exit points (§59D-14).

Congestion Zone = below 96th Street (not 60th)

Three different lines cut across Manhattan, and drivers mix them up:

Three Manhattan zones that affect app trips

Row labelTLC Congestion Zone (cruising cap)NYS congestion surcharge areaMTA Congestion Relief Zone
WhereSouth of and excluding 96th StreetSouth of and excluding 96th StreetSouth of and including 60th Street; FDR Drive, West Side Highway/Route 9A and Hugh L. Carey Tunnel connections to West Street excluded
What it doesCaps the share of empty time for app companiesAdds a per-trip charge for trips that begin, end or pass through the areaAdds a per-trip charge on taxi and FHV trips in the zone
AmountNo charge; $350 per 100 hours over the cap, paid by the company$2.75 per FHV trip, $2.50 yellow taxi, $0.75 per shared (pool) trip$1.50 per high-volume app trip; $0.75 taxi, green cab and other FHV trips
Who paysUber or LyftPassengerPassenger
SourceTLC Rules §59D-21; Ch. 51NYS Tax Dept; TLC Taxi Fare pageMTA; TLC Taxi Fare page

Charges are as listed in our rate file (as of 2026-10-12), from the NYS Department of Taxation and Finance and the MTA. Whether you pay congestion pricing when you drive in empty is a separate question: see do I pay congestion pricing driving empty?

What it means for you as a driver

  • No summons for you under §59D-21. The duty and the fine belong to the company.
  • Apps manage supply in the zone. The rules expect companies to control how many cars are available: TLC's record rules list "supply management" as a reason a company may report a car as unavailable (§59D-14). If you are blocked from logging on, the company must follow TLC's lockout rules: at least 72 hours' notice before restricting you on a calendar day, and at least 16 hours of access once you make yourself available, with exceptions for licensing problems, rule violations and misconduct (§59D-22(c)). See app lockouts and the 72-hour and 16-hour rules.
  • Empty time costs you. TLC's minimum pay is per trip, for miles and minutes with a passenger. Cruising time is not paid directly. The empty miles data shows how much driving in Manhattan happens without a rider.
  • WAV drivers are outside the count. Available wheelchair accessible vehicles are excluded from the company's cruising calculation (§59D-21(b)(3)), so time you spend available in a WAV does not add to the company's cruising total.

Step by step: if you think the cap is affecting your work

  1. Write down what happens. Note the date, time, place and the message the app showed if you could not log on or were told the area is busy.
  2. Check the lockout rules. Compare what happened with the 72-hour notice and 16-hour access rules in §59D-22(c).
  3. Check your pay statement for each trip, not cruising time. Our pay statement guide shows what should be on it.
  4. Report problems to TLC. Contact TLC's Driver Protection Unit at driverprotection@tlc.nyc.gov or (718) 391-5539 about app pay and access problems. This guide explains the rules; it is not legal advice, so talk to a lawyer or a driver advocate if you need help with a dispute.

Related reading: cruising miles, the FHV license cap, and green cab hail limits under 80-19(b)(1) and 82-13(a)(1).

Frequently asked questions

What is the TLC cruising cap?

TLC rule §59D-21 says that since August 1, 2020, the share of time all available app cars spend cruising (without a passenger) in Manhattan south of 96th Street cannot exceed 31%, between 6am and 11pm on weekdays and 8am and 11pm on weekends.

Can a driver get a ticket for cruising too much?

No. The rule is written for the High-Volume For-Hire Service, meaning Uber or Lyft. The fine is $350 for each 100 hours the company goes over the limit in a calendar month. Drivers are not fined under §59D-21.

Does driving to a pickup count as cruising?

Yes. TLC's Chapter 51 definition of Cruising includes 'the time a For-Hire Vehicle spends driving to pick up a passenger.' The rule assigns that en-route time to the company that sent the trip.

Is the TLC Congestion Zone the same as the congestion pricing zone?

No. TLC's Congestion Zone is Manhattan south of and excluding 96th Street. The MTA's Congestion Relief Zone, where the $1.50 per-trip charge on app trips applies, is Manhattan south of and including 60th Street.

Do wheelchair accessible vehicles count?

No. Under §59D-21(b)(3), TLC does not include a company's available wheelchair accessible vehicles when it calculates cruising time.

Sources

Last reviewed against the official sources on .

  1. TLC Rules Chapter 59, §59D-14, §59D-21 and §59D-22 (updated Feb 27, 2026) nyc.gov
  2. TLC Rules Chapter 51: Definitions (updated Oct 17, 2025): Congestion Zone, Cruising, Available Vehicle nyc.gov
  3. TLC Rules Chapter 80, §80-19(c) (updated June 6, 2025) nyc.gov
  4. TLC: Taxi Fare (NYS congestion surcharge and MTA congestion toll areas) nyc.gov
  5. MTA: Congestion Relief Zone taxi and FHV tolls mta.info
  6. NYS Department of Taxation and Finance: Congestion surcharge tax.ny.gov

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