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Can TLC Withdraw or Drop a Summons? When and How

TLC can withdraw a summons written in error, badly served or against its enforcement policy, even after a decision. Plus the one-year delay rule.

  • Reviewed
  • 2 min read
  • 4 official sources
On this page (7)
  1. What a withdrawal undoes
  2. Withdrawal vs. the other ways a summons ends
  3. "Written in error": what kind of errors?
  4. How to ask TLC
  5. Another time limit: recommended decisions
  6. FAQ
  7. Sources

Yes, in three situations. TLC's Chairperson may withdraw a summons, even after it has been decided, if it was (§68-20(b)):

  1. written in error,
  2. ineffectively served on you, or
  3. written against the Chairperson's enforcement policy.

Separately, if TLC doesn't request a hearing within one year of the summons date, the charges will be withdrawn (§68-08(a)).

Withdrawal is TLC's decision. It is not something you can demand, so don't skip your hearing waiting for it.

What a withdrawal undoes

  • FinesRefunded if already paid§68-20(b)(2)(ii)
  • PointsPersistent Violator and penalty points vacated§68-20(b)(2)(i)
  • SuspensionVacated, along with any revocation§68-20(b)(2)(i)
  • NoticeTLC must tell you it was withdrawn§68-20(b)(2)(iii)

If the case is still open at OATH, or already decided there, TLC must promptly notify the tribunal (§68-20(b)(2)(iv)).

Withdrawal vs. the other ways a summons ends

Ways a TLC summons can end in your favor

Row labelWho decidesWhenYour role
Withdrawal (§68-20(b))TLC's ChairpersonAny time, even after a decisionAsk and give proof; TLC decides
Withdrawal for delay (§68-08(a))Automatic under the ruleIf TLC doesn't request a hearing within one year of the summonsNone needed
Dismissal at hearingOATH hearing officerAt the hearingPresent your defense
Dismissal for no-showOATH, under 48 RCNY 5-01aTLC not ready within 30 minutes of your timely appearanceAppear on time
Reversal on appealOATH Appeals UnitAfter a decisionFile within 30 days (35 if mailed)

"Written in error": what kind of errors?

The rule doesn't define it, so we won't stretch it. A summons issued to the wrong person or the wrong license number is the kind of problem worth raising with TLC. Be careful with small mistakes: TLC's rule on summons contents says that if the rule code cited conflicts with the written description, the description controls (§68-06(a)(3)). A typo in the code alone may not end the case. See what if the wrong rule is on my TLC summons.

How to ask TLC

There's no special public form for withdrawal requests that we could find. Use TLC's official contact channels, and:

  • Put the summons number and your TLC license number at the top.
  • Say which ground applies: error, bad service, or enforcement policy.
  • Attach proof (for example, records showing you weren't driving that vehicle, or your address history if service is the problem).
  • Keep your hearing date. Until TLC confirms the withdrawal in writing, the summons is live. If you need time, use your one reschedule, or join the hearing and raise the issue there.

If service is the problem, also read what if I never received my TLC summons. For the overall process after a summons, start with got a TLC summons?, and to see what TLC has to prove, read what TLC must prove at a hearing.

Some TLC cases, such as fitness and summary suspension cases, end at OATH with a recommended decision that TLC's Chairperson must finalize (§68-09). If the Chairperson doesn't make a determination within 120 calendar days of receiving the recommended decision, the charges will be dismissed (§68-08(b)). Before the Chairperson decides, you must get a chance to send a written response, limited to the hearing record and the judge's findings (§68-10). More on those cases in TLC fitness hearings.

Frequently asked questions

When can TLC withdraw a summons?

Under §68-20(b), TLC's Chairperson may withdraw a summons, even one already adjudicated, if it was written in error, ineffectively served on the respondent, or written against the Chairperson's enforcement policy.

What happens if a summons is withdrawn after I paid?

Any fine, suspension, revocation, Persistent Violator points or penalty points imposed after the hearing are vacated, and any fines paid are refunded. TLC notifies you.

Is there a time limit for TLC to bring a summons to a hearing?

Yes. If TLC fails to request a hearing within one year from the date of the summons, the charges will be withdrawn (§68-08(a)).

Can I force TLC to withdraw a summons?

No. Withdrawal is the Chairperson's decision. You can ask and explain why, with proof, but your main rights are a hearing, an appeal, or a motion to vacate a default.

Is a withdrawal the same as a dismissal?

Not quite. A dismissal is decided by the OATH hearing officer. A withdrawal is TLC's own decision to drop the charge.

Sources

Last reviewed against the official sources on .

  1. TLC Rules, Chapter 68: Settlements and Withdrawals (§68-20) nyc.gov
  2. TLC Rules, Chapter 68: Failure to Prosecute (§68-08) nyc.gov
  3. TLC: Receive a Summons nyc.gov
  4. TLC: Contact TLC 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.

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