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Yes, if your fleet offers it — but the fleet does not have to. For daily shift leases of a medallion and vehicle, TLC Rule 58-21(c)(1)(vii) says the owner "may offer pro-rated leases for shifts of under 12 hours." What the owner must do is cut the price when the cab isn't available for part of your 12-hour shift through no fault of yours. That includes when the driver before you brings it back late.
The rule
The same wording appears twice: in 58-21(c)(1)(vii) for standard taxis and in (c)(2)(vii) for hybrid and clean-diesel taxis.
"For a Driver with a daily lease … the lessor may offer pro-rated leases for shifts of under 12 hours. The lessor must pro-rate the lease if the vehicle is unavailable for use for any reason that is not the lessee's responsibility during any part of the 12 hour shift, including the return of the vehicle from the previous shift."
TLC's Driver Pay for Drivers page describes this as one of the 2018 leasing protections: "When taxis are unavailable through no fault of the driver, drivers must be offered pro-rated leases for shifts under 12 hours."
Late handover from the previous shift
Your shift is sold as 12 hours, and your lease must state its start and end date and time. Rule 58-21(i)(1) says "a shift must run for 12 consecutive hours." If the cab arrives late because the day driver kept it, that lost time is not your responsibility, so the lease must be pro-rated.
The rule does not say how to calculate it. One simple method is to pay only for the hours you actually had the car. For example, a fictional day shift at the $105 standard cap with the cab 3 hours late would come to $105 × 9 ÷ 12 = $78.75 by hours. That math is our illustration, not a TLC formula. Ask the fleet to put its method in writing.
Protect yourself:
- Note the time you were given the keys, and keep a photo or a dispatcher's note.
- Check your receipt. Every payment needs a receipt with the date, amount, purpose and rule section (Rule 58-21(g)).
- The rule lets the fleet charge a late fee of up to $25 per hour to the driver who returned the car late. The lost time on your shift is pro-rated, not billed to you.
Weekly leases
For weekly medallion-and-vehicle leases, Rules 58-21(c)(1)(v) and (c)(2)(v) say that if the vehicle "is unavailable for use for any reason that is not the lessee's responsibility during any part of any week, the payment of the Lease Cap must be pro-rated." A weekly lease runs seven consecutive calendar days (58-21(i)(1)(i)).
On a long-term DOV lease, 58-21(c)(4)(vii) has a similar pro-rating rule. It also gives examples of when the car does not count as unavailable: required maintenance, repairs needed because the car wasn't properly maintained, or a required TLC inspection. Those examples are written for DOV leases.
What to do next
- Ask before you sign. If you want shorter shifts, ask whether the fleet offers pro-rated leases and get the price and hours in the written lease (58-21(h), (i)).
- Dispute full-price charges for lost time. Show the handover time and ask for the pro-rated amount back.
- Complain if needed. Charging more than the lease cap allows is an overcharge under 58-21(c). The penalty is $500, then $1,000 and/or up to 30 days' medallion suspension, and the judge must order restitution to you. Call 311 or TLC's Driver Protection Unit (718-391-5539, driverprotection@tlc.nyc.gov). Retaliation for a good-faith complaint is banned (58-21(j)).
Related rules and exceptions
- The full cap table: NYC taxi lease caps and the short definition of a lease cap.
- If the car broke down: taxi broke down — do I pay the full lease?
- Every allowed add-on, including late fees: extra charges a taxi fleet can add.
- Your deposit: taxi security deposit rules.
- A collective bargaining agreement that sets lease prices replaces these lease-cap rules (58-21(c)(7)).
More pay topics are on the money hub. This page explains TLC rules; it is not legal advice.
Frequently asked questions
Does a fleet have to offer shifts shorter than 12 hours?
No. For daily shift leases, Rule 58-21(c)(1)(vii) says the owner 'may offer' pro-rated leases for shifts under 12 hours. It is the owner's choice. What the owner must do is pro-rate when the car is not available for part of your shift through no fault of yours.
The driver before me came back two hours late. Do I pay the full shift?
No. The same rule says the lessor 'must pro-rate the lease if the vehicle is unavailable for use for any reason that is not the lessee's responsibility during any part of the 12 hour shift, including the return of the vehicle from the previous shift.'
What if I bring the cab back late?
Then the fleet may charge you a late fee of up to $25 per hour, and the total late charge for one shift can't be more than the cost of one shift (Rule 58-21(c)(5)(iv)(A)).
Does pro-rating apply to weekly taxi leases?
Yes. For weekly medallion-and-vehicle leases, if the vehicle is unavailable for a reason that is not your responsibility during any part of the week, the lease payment must be pro-rated (Rules 58-21(c)(1)(v) and (c)(2)(v)).
How is a pro-rated lease calculated?
The rule does not give a formula. Ask the fleet to write the method in your lease, and check every receipt: receipts must show the amount, purpose and the rule section for each payment (Rule 58-21(g)).
Sources
Last reviewed against the official sources on .
- TLC Rule Book, Chapter 58 (§58-21(c), (g), (i), (j)), updated Feb 27, 2026 nyc.gov
- TLC: Driver Pay for Drivers (FAQ) nyc.gov
- TLC: Daily & Weekly Taxicab Driver Bill of Rights (poster) 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.