Can My Base Charge Fees Not in My Agreement?

No. Under TLC rule 59B-18(f)(3)(i), a base "may require payment of only those costs and fees specified in the Base Agreement. Requiring payment of costs and fees not specified in the Base Agreement is an overcharge" (TLC chapter 59). For Uber and Lyft there is a second rule: a high-volume company must not charge you any fee or deduction that is not listed in its statement of fees filed with TLC (rule 59D-19(d)). If you were charged, you can ask TLC to make the base pay you back.

The rules and fines

Two more parts of the rule matter here:

• Every cost must be explained. The agreement must list all costs and fees, explain each one in clear language, and say what conditions trigger it (§59B-18(f)(2)(iii)). A vague "admin fee" with no explanation doesn't meet the rule.
• Deducting needs two things. A base can take a fee out of your earnings only if the fee is in the agreement and the agreement says it will be withheld from earnings (§59B-18(f)(4)(i)).

If you rent or lease your car, the same idea applies to the owner: a lessor may charge only costs and fees in the lease, and anything else is an overcharge (§59A-21(c)(1)).

Charges that are never allowed

Even if they are written into the agreement, a base cannot:

• charge, request or accept a tip from you (§59B-18(f)(3)(ii));
• make you pay a summons not written to you, except for some franchise or co-op bases, and never when the base dispatches for Uber or Lyft (§59B-18(f)(3)(iii));
• charge any fee for revenue from an in-car advertising tablet (§59B-18(f)(3)(iv)).

Passenger charges are not fees on you either. The Black Car Fund surcharge, sales tax and congestion charges are paid by riders; see why my pay shows a Black Car Fund charge and congestion charges on pay statements. The MTA's per-trip congestion charge is collected from passengers too; base duties are on the per-trip charge plan.

Evidence to keep

What to do next

TLC's Driver Protection Unit investigates "overcharge of lease or vehicle purchase amounts", unpaid earnings and missing receipts, and says it has helped drivers get back more than $3.2 million. It also handles retaliation for filing a complaint. You don't need a lawyer to complain, but if a base takes you to court or threatens your license, get legal help.

Everything an agreement must contain is on FHV base agreement rules. What a statement of fees is, and why Uber and Lyft must file one, is on statement of fees. More on the apps hub.

Related rules and exceptions

• Collective bargaining. The base-agreement rules don't apply where a collective bargaining agreement governs the relationship (§59B-18(f)(8)).
• High-volume filing. When it applies for its license, a high-volume company must describe every deduction, commission and fee it or its bases plan to charge and certify it won't charge anything not submitted to TLC (§59D-05(d)).