Driver questionFines, payments & suspensions

Can I Drive While My TLC Appeal Is Pending?

A fine waits while you appeal, but a suspension starts when the decision issues. Learn about TLC's temporary license pending appeal and expedited appeals.

  • Reviewed
  • 2 min read
  • 4 official sources
On this page (8)
  1. Fine vs. suspension during an appeal
  2. How the temporary license works
  3. Suspension and revocation appeals move faster
  4. Driving while suspended is a new problem
  5. Next steps
  6. Check your status before every shift
  7. FAQ
  8. Sources

Only if TLC gives you a temporary license. Under TLC's rules, a suspension starts when the decision imposing it is issued (§68-02(c)(1)). Filing an appeal doesn't pause it by itself. If the decision suspended your license and you appealed on time, TLC's Chairperson can issue a temporary license pending appeal, at their discretion (§68-07).

The fine is different: a timely appeal defers it until 30 days after the appeal decision.

Fine vs. suspension during an appeal

What a timely appeal pauses

Row labelPaused by a timely appeal?Rule
FineYes. Due 30 days after the appeal decisionTLC §68-02(c)(2)(A)
Paying before appealingNot required for TLC cases48 RCNY 5-04(b)
SuspensionNo. Starts when the decision is issuedTLC §68-02(c)(1)
RevocationNo automatic pauseTLC §68-02(c)
Your right to driveOnly with a temporary license, if TLC grants oneTLC §68-07

How the temporary license works

§68-07 gives the Chairperson discretion in two moments:

  • After the hearing decision, if it suspends your license and you file a timely appeal, a temporary license can be issued until the Appeals Unit decides.
  • After the appeal decision, if the Appeals Unit's decision suspends you (or keeps the suspension) and the Chairperson notifies you of a Chairperson review, a temporary license can be issued until that review is done.

In deciding, the Chairperson can consider:

What TLC weighs for a temporary license (§68-07(a)(2))

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The rule doesn't set a form or a deadline for asking. Ask TLC in writing as soon as you file the appeal, attach a copy of the appeal and proof you filed it, and keep a copy. Until you have the temporary license in hand, don't drive.

Suspension and revocation appeals move faster

OATH's TLC chapter says that when an appeal involves the suspension or revocation of a TLC-issued license, the Appeals Unit will issue an expedited decision. The responding party must file its response within 7 days of being served (48 RCNY 5-04(c)–(d)). By contrast, in ordinary appeals the other side has 30 days and OATH has up to 180 days to decide (OATH Appeal FAQ).

Appeal of a suspension: the sequence

  1. Decision issued

    Important: Suspension starts

    Stop driving for hire.

  2. Within 30 days (35 if mailed)

    File your appeal

    Send a copy to TLC and file proof with OATH. Then ask TLC for a temporary license.

  3. 7 days after service

    TLC's response due

    Suspension and revocation appeals follow the expedited track.

  4. Expedited decision

    Appeals Unit rules

    If you win, the suspension falls away. If not, either side may petition TLC's Chairperson within 30 days.

Driving while suspended is a new problem

Providing for-hire service while your TLC license is suspended is unlicensed activity under TLC rule §80-02(a), and it can lead to seizure and possible forfeiture of the vehicle. Losing an appeal is bad; adding an unlicensed-activity charge is worse. See unlicensed activity.

Next steps

Check your status before every shift

Don't rely on memory or on what an app shows. TLC UP lets you check your license status and summons information (TLC UP). Check it after the hearing decision, after you file the appeal, and again after the appeal is decided. If TLC grants a temporary license, keep the written approval with you. If the status says suspended, stay off the road until it changes, and keep the fine's due date in your calendar so a second problem doesn't start.

Frequently asked questions

Does filing an appeal stop my TLC suspension?

No, not automatically. Under TLC rule §68-02(c), suspensions go into effect when the decision imposing them is issued.

What is a temporary license pending appeal?

If the decision suspends your license and you file a timely appeal, TLC's Chairperson can, at their discretion, issue a temporary license until the Appeals Unit decides (§68-07).

What does TLC consider for a temporary license?

Your record, how serious the charges are, the likelihood the appeal will succeed, and how significant the issues raised on appeal are.

Are suspension appeals decided faster?

Yes. Where the appeal involves suspension or revocation of a TLC license, the Appeals Unit issues an expedited decision, and the other side must respond within 7 days of being served (48 RCNY 5-04).

What about the fine?

A timely appeal defers the fine until 30 days after the appeal decision (§68-02(c)(2)(A)). You don't have to pay to file a timely TLC appeal.

Sources

Last reviewed against the official sources on .

  1. TLC Rules, Chapter 68: Adjudications (§68-02, §68-07) nyc.gov
  2. OATH Rules, Chapter 5: TLC violations (48 RCNY 5-04) nyc.gov
  3. TLC Rules, Chapter 80: Drivers (§80-02(a)) nyc.gov
  4. OATH: Appeal Frequently Asked Questions nyc.gov

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