Can I Pick Up a Street Hail on My Way Home?

Yes, if you drive a yellow taxi or a green cab and every condition in the rule is true. TLC rule §80-19(a)(5) lets a taxi driver who is logged off take a passenger only when they are going home or to the garage, have made the "Returning to garage (or home)" trip record entry, and the passenger's destination is directly on the way (TLC rules, chapter 80). Green cabs have the same rule, §80-19(b)(6), with one more condition: you must be in the Hail Zone. If any condition is missing, the fine is $75 if you plead guilty before a hearing or $100 after one.

Uber, Lyft and other FHV drivers have no going-home exception. Read on for the details.

The conditions, one by one

For a yellow taxi, all three must be true (§80-19(a)(5)):

1. You are returning the taxi to your garage or home.
2. You have made the trip record entry: either sent the information electronically for the trip record, or written "Returning to garage (or home)".
3. The passenger's destination is directly on the route to your home or garage.

For a green cab (street hail livery), all four must be true (§80-19(b)(6)):

1. You are in the Hail Zone when you take the passenger.
2. You are returning the car to your base or home.
3. You have made the trip record entry: sent the information electronically for the trip record, or made a written trip record entry.
4. The destination is directly on the route to your home or garage.

Use the checklist before you stop:

Green cabs must be in the Hail Zone

TLC defines the Hail Zone as all of New York City except "Manhattan south of East 96th St. and West 110th St." and "The New York City Airports" (TLC rules, chapter 51). Being off duty does not change this. If you live in Brooklyn and finish your shift in Midtown, you cannot take an off-duty hail until you are out of the Hail Exclusionary Zone. Taking a hail inside it is a separate, much more serious charge under §80-19(b)(1): $500 and suspension for a first violation, and you must appear at the hearing. See can green cabs pick up in Manhattan?.

Why you may ask the destination only now

Normally, rule §80-20(a)(4) says you must not try to learn a passenger's destination before they are seated. Asking first is a violation "regardless if the Driver ultimately agrees to transport the Passenger." The rule has one exception: asking is allowed if you are returning home or to your garage and have followed §80-19(a)(5) or §80-19(b)(6) (TLC rules, chapter 80).

So the order matters. Make the trip record entry first. Then you may ask, "Where are you going?" If the stop is on your route, take the trip. If you skip the entry, both the pickup and the question can become violations.

What to do next

• Got a summons for an off-duty pickup? Read the rule pages: 80-19(a)(5) for taxis and 80-19(b)(6) for green cabs. Write down where you were going, where the passenger went, and whether your entry was made. Trip records may help show it.
• Not sure where the lines are? See who can pick up where in NYC.

Related rules and exceptions

• Yellow taxis may take hails anywhere in NYC, but must not solicit or cruise for passengers at JFK, LaGuardia or Newark airports, within 100 feet of a taxi stand, on the private streets of Lincoln Center, or where taxi cruising is prohibited (§80-19(a)(4)). See can yellow taxis pick up in the outer boroughs?.
• Stopping to pick up still follows traffic rules. See can I double-park to pick up a passenger?.
• Green cabs at taxi stands: only in the Hail Zone. See can green cabs use taxi stands?.
• More about green cab permits: SHL. More place rules: places hub.

This page explains TLC rules in plain language; it is not legal advice. If you face a hearing, consider talking to a lawyer.