On this page (8)
Four passengers in a four-passenger taxi, five in a five-passenger taxi — plus one child under 7 held on an adult's lap in the back seat. That is the rule for yellow taxis and green cabs in TLC rule §80-15(e). The lap child is not optional: the rule says the driver must accept that extra passenger. In any TLC vehicle, including app cars, you must never carry more people than the car is registered to seat.
TLC's passenger FAQ gives riders the same basic limit: four in a four-passenger taxi.
Quick check at the curb
How to count
- Every person counts as a passenger, including children 7 and older.
- The extra lap child must be under 7 and held by an adult seated in the rear. A child on a lap in the front seat does not fit the exception.
- A child in a car seat uses a seat, so count them like any other passenger.
- In an FHV there is no lap-child exception in the rule — the limit is the number of seats on the registration.
The front seat
Drivers often prefer to keep the front seat empty, and the rules let you lock the front doors (§80-15(c)(2)). But three situations override that preference under §80-15(f):
- A party of four where one person has to sit in front — you must not refuse them.
- A passenger who cannot get into or ride in the back seat — they must be allowed in front.
- Luggage, a wheelchair, crutches or other property taking up the back seat — a passenger must be allowed to sit in front.
The fine for any of these is $75. If you refuse the whole group instead, you risk a much more serious refusal charge — see TLC service refusal rules.
Mobility aids and service animals
Luggage and mobility aids do not reduce your duty to carry the passenger: rule §80-20(a)(3) bars refusing to transport a passenger's luggage, wheelchair, crutches or other mobility aid. In an accessible taxi, §80-20(a)(6)(vi) requires you to carry a passenger's service animal and as many companions as can be legally seated. More in service animals and accessibility.
Children and safety seats
The lap-child rule answers "how many," not "how safe." Parents can bring and use their own car seats in TLC vehicles. Whether a seat is legally required is a separate question — see do kids need car seats in NYC taxis and Ubers.
Why this matters for complaints
Passengers who are turned away can file a complaint through 311, and a complaint can become a summons. If you refused a group because it was truly over the legal limit, note the group size and time right away. For what happens next, see the passenger complaint process. Yellow taxi drivers will find more in our yellow taxi driver guide.
Frequently asked questions
Can five adults ride in a yellow cab?
Only if the taxi is a five-passenger vehicle. Rule 80-15(e)(1) allows four passengers in a four-passenger taxi and five in a five-passenger taxi.
Do I have to take a small child as an extra passenger?
Yes. In a taxi or green cab, the rule says an additional passenger must be accepted if the child is under 7 and is held on the lap of an adult seated in the rear.
Can I refuse a group of four because someone would have to sit up front?
No. Rule 80-15(f)(1) says you must not refuse a party of four where one passenger must sit in the front seat. You may keep the front doors locked, but you must unlock them for that party (80-15(c)(2)). Fine: $75.
How many passengers can an Uber or other FHV carry?
No more than the vehicle is equipped to seat under its NYS DMV registration (rule 80-15(e)(2)). The four/five-passenger limit with the lap-child exception is written for taxis and street hail liveries.
What is the fine for too many passengers?
$100 if you plead guilty before a hearing and $150 if found guilty after a hearing (80-15(e)). No appearance is required.
Sources
Last reviewed against the official sources on .
- TLC Rules, Chapter 80: Drivers (§80-15(c), (e), (f); §80-20(a)(6)) nyc.gov
- TLC: Passenger Frequently Asked Questions 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.