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A wrong rule number alone usually won't end the case. TLC's rule on summons contents says that when the rule or code section cited conflicts with the written description of the violation, "the description controls the final resolution of the issue" (TLC §68-06(a)(3)). In other words, the hearing is about what the summons says you did, not the number next to it.
Other errors can matter more. Here's what a TLC summons must contain, and how to check yours.
What every TLC summons must include
Under §68-06(a), a summons must contain at least:
Which mistakes matter?
The rules don't list which errors get a summons dismissed, and we won't invent a list. What the rules do tell you:
- Code vs. description: the description wins (§68-06(a)(3)).
- Old chapter numbers: TLC moved its driver rules from former chapters 54 and 55 into chapter 80. Its transition rule says no summons can be dismissed because it was written under the old chapters for conduct before the change (§80-28(c)(1)(iii)).
- TLC must still prove the facts. A sworn summons is prima facie evidence of the facts it states, but TLC must prove those facts by a preponderance of the evidence (48 RCNY 6-12). If the date, time, place or description is wrong in a way your evidence can show, for example your trip log puts you somewhere else, that can go to whether TLC proved its case. See what TLC must prove at a hearing.
The codes you see in official data
The renumbering is visible in the official OATH record. The chart below shows which part of the rules the first charge on taxi and for-hire summonses came from, by year. The shift to chapter 80 reflects TLC renumbering its driver rules, not a change in what drivers do.
If your summons shows a code you don't recognize, decode it with the summons decoder, and see which codes are cited most in most common TLC violations.
What to do with an error you found
- Write it down and gather proof (trip records, photos, registration, license).
- Raise it at the hearing, as part of your defense. Don't skip the hearing because of an error: missing it is a default.
- Ask TLC to withdraw the summons if it was clearly written in error. The Chairperson may withdraw a summons written in error (§68-20(b)). See can TLC withdraw a summons.
New to all this? Start with got a TLC summons?.
Keep a copy of the summons exactly as you received it. Don't write on the original.
Frequently asked questions
Is a TLC summons invalid if the rule number is wrong?
Not automatically. TLC rule §68-06(a)(3) says that if the rule or code section cited conflicts with the description of the violation, the description controls the final resolution.
What must a TLC summons include?
The date, time and place of the alleged violation; a description of the conduct; the rule or code section; the hearing date, time and place (or how to schedule one); whether you must appear in person; and a revocation warning when revocation is possible or mandatory.
My summons cites an old chapter 54 or 55 rule. Is that a problem?
TLC's transition rule says no summons can be dismissed on the ground that it was written under former chapters 54 or 55 for conduct that occurred before chapter 80 took effect (§80-28(c)(1)(iii)).
Should I point out errors at the hearing?
Yes, if they matter to your defense. Errors in the date, time, place or description can affect whether TLC can prove its case. A lawyer can tell you how much weight a specific error may carry.
Can TLC fix or drop a summons with mistakes?
TLC's Chairperson may withdraw a summons written in error (§68-20(b)). That is TLC's decision.
Sources
Last reviewed against the official sources on .
- TLC Rules, Chapter 68: Contents of Summons (§68-06) nyc.gov
- TLC Rules, Chapter 80: Transition (§80-28) nyc.gov
- OATH Rules, Subchapter C: Hearings (48 RCNY 6-12) nyc.gov
- NYC Open Data: OATH Hearings Division Case Status data.cityofnewyork.us
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.