§19-507(a)(4): FHV Pickup Without Prearrangement

In short: §19-507(a)(4) is the City law behind the rule every Uber, Lyft, black car and livery driver knows: an FHV may only carry passengers who booked through a base. It sits in the Admin Code's list of mandatory penalties, so the fine ranges and the step up to revocation on a third offense within 36 months are set by law. OATH's data shows TLC used this code on summonses from 2016 to 2021; today the same conduct is charged under TLC rule 80-19(c)(1). You may still see it on older records.

What the law says

Admin Code §19-507(a)(4): "No driver of a for-hire vehicle, other than a driver operating a for-hire vehicle with a valid HAIL license, shall accept passengers unless the passengers have engaged the use of the for-hire vehicle on the basis of telephone contract or prearrangement."

• "For-hire vehicle" includes app-based, black car, livery and luxury limousine vehicles.
• "Other than ... a valid HAIL license" carves out street hail liveries (green "Boro Taxis"), which may take hails in the Hail Zone.
• "Telephone contract or prearrangement" means the trip was booked before pickup. TLC's current rule adds that the booking must go "through a licensed Base of the class that can dispatch the Driver's For-Hire Vehicle."

The neighboring paragraphs (a)(1)–(3) cover taxi drivers asking a passenger's destination before they are seated, refusing a destination within the city, and overcharging. Those have their own (higher) penalty scale and TLC pages: 80-20(a)(4), 80-20(a)(1) and 80-17(a)(1).

Penalties set by law

TLC's current rule 80-19(c)(1) mirrors these ranges: $200–$350; then $350–$500 and up to 30 days' suspension within 24 months; then revocation within 36 months. Inside Manhattan south of East 96th and West 110th Streets and at the airports, rule 80-19(c)(2) adds higher penalties starting at $500.

How often it appears

The code appears mainly in 2019–2021 (2,073, then 1,099, then 326 summonses), then disappears. Over the long run, FHV street-hail summonses have been written under several codes: legacy rule 55-19(a) until 2016, then §19-507(a)(4) and TLC rule 80-19(c)(1). If you are counting prior offenses for the 24- and 36-month windows, ask whether earlier findings under a different code count. The answer depends on the exact wording of the rule and the decision, so ask a lawyer.

Who it applies to

FHV drivers: app-based drivers, black car and livery drivers. TLC's rule 80-20(b)(12) lists, among valid reasons to refuse a passenger, that the vehicle is an FHV and the passenger is trying to hail it. Saying no to a street hail is what the rules expect.

Evidence that tends to matter

Street-hail cases often come down to a few minutes on the curb, so details count. Before the hearing, write down what happened while you still remember it: where you were stopped, who approached whom, what was said, and whether money or a price was mentioned. Then collect records:

• App or base records showing whether you had an active dispatch, a booked trip, or were logged off.
• Trip history for the hour before and after the stop.
• Dashcam video, if you have it. See dashcams in TLC vehicles.
• Names and phone numbers of anyone who saw the stop, including the person you picked up if it was a real booked passenger.

TLC has to prove its case; read what TLC must prove at a hearing.

The owner-liability part doesn't apply here

§19-507(d) makes taxi owners liable for failing to make "a reasonable good faith effort" to stop drivers from violating paragraphs (a)(1)–(3) (destination questions, refusals and overcharges), with fines that rise from the second violation. Paragraph (a)(4), the FHV prearrangement rule, is not in that list. Owners of FHVs can face other charges under the TLC rules, but not this owner-liability scheme.

What to do now

Points to discuss with your lawyer

General information only:

• Was the trip prearranged? App or base records showing a booking before pickup can be central.
• Who was the passenger? Inspectors sometimes pose as passengers; what was said and offered matters.
• Prior offenses and timing. The 24- and 36-month windows decide whether suspension or revocation is on the table.
• "Justifiable grounds" does not apply here; that phrase is for taxi destination and refusal charges.
• Which code is on the summons. Old records may show 19-507(a)(4); new ones show 80-19(c)(1) or (c)(2), which have different airport and Manhattan tiers.

Read the full unlicensed activity and street hail guide and what license revocation means.