TLC Rule 58-27(d)(2): E-ZPass Replenishment Account

In short: Rule 58-27(d)(2) controls the E-ZPass "replenishment" account: money a taxi owner who holds the E-ZPass tag can ask a lease driver to keep with the owner, to cover tolls the owner's account paid and wasn't paid back for. The owner may require at most $10 for each 12-hour shift in the lease, never more than $100, may take from it only tolls the owner's account paid for a cab you operated and was not paid back for, and must return what's left within 30 days after the lease ends. An owner or agent who breaks it faces $250 plus restitution to the driver. It is an owner summons, but it exists to protect drivers.

What the rule says

From TLC chapter 58, §58-27(d)(2), "Owner can Require Driver to Maintain a 'Replenishment' Account":

(i) An Owner who is the EZ-Pass® tag holder can require a Driver who is Dispatched in one of Owner's Taxicabs for one or more shifts to maintain an EZ-Pass® replenishment account with the Owner.

(ii) The Owner can require a Driver to maintain a maximum of $10 for every 12-hour shift included within a lease period, up to a maximum of $100, in the replenishment account for the benefit of Owner.

(iii) The Owner can collect from this account any tolls paid by the Owner's EZ-Pass® account for a tag assigned to a Taxicab operated by the Driver, for which the Owner has not been reimbursed.

(iv) Any funds held in the replenishment account that are not used to reimburse the Owner must be returned to a Driver within 30 days after the termination of the Driver's lease with the Owner.

(v) An Agent has the same rights and obligations as Owner under this paragraph §58-27(d)(2).

§58-27(d)(2) Fine: $250 plus restitution to the Driver of any replenishment account improperly retained by an Owner or Agent. Appearance REQUIRED

The limits, in numbers

The cap grows with the number of 12-hour shifts in the lease and stops at $100. Some simple cases:

Three other limits matter just as much:

• Only if the owner is the tag holder. If you use your own E-ZPass, rule 58-27(c) says you keep the passenger's toll money, and there is nothing for a replenishment account to cover.
• Only unreimbursed tolls on a cab you operated. Part (iii) lets the owner collect tolls paid by the owner's E-ZPass account "for a tag assigned to a Taxicab operated by the Driver" that weren't reimbursed. It lists nothing else, such as fees or repairs.
• The 30-day refund. The clock starts when the lease ends, not when you ask.

The taxi lease-cap rule backs this up: on top of the lease, the only toll-related charge an owner may take is "the discount toll amount for use of the Owner's EZ-Pass®" (§58-21(c)(5)(iii)).

Who it applies to

• Taxi medallion owners and their agents who hold the E-ZPass tag in the cab. Part (v) puts agents under the same rule.
• For-hire vehicle owners, under the matching rule §59A-24(d)(2) in chapter 59. Same $10 / $100 / 30-day limits and the same $250 plus restitution, but there appearance is not required.
• Drivers don't get this summons, but have their own duty. Under §80-15(d)(4)-(5), a driver must forward passenger-paid tolls to the tag holder at the end of the shift or lease, and keep any required replenishment balance. That carries $50 plus restitution to the tag holder.

Penalty and points

• $250 plus restitution to the driver of any replenishment money "improperly retained".
• Appearance required for the taxi rule (the FHV rule says not required).
• No points. This is an owner rule.

Restitution is the part drivers care about. If the hearing finds the money was kept improperly, the order can include paying it back to the driver.

What to do if you get this summons (owners and agents)

1. Read the code box. 58-27(D)(2) is the replenishment rule. 58-27(D)(1) is the rule that toll money paid by passengers accrues to the owner when the owner provides the tag; it carries $250, appearance not required.
2. Pull your records for the driver named: the lease dates, how many shifts, the deposit taken, each toll the account paid while that driver had the cab, what the driver paid back, and the refund date and amount.
3. Do the math the rule asks for. Deposit ≤ $10 × shifts and ≤ $100; deductions only for unreimbursed tolls on the cab that driver operated; balance back within 30 days after the lease ended.
4. Pay back what you can't support. Restitution is part of the penalty anyway.
5. Go to the hearing. Appearance is required for the taxi rule. Bring the statement and receipts. For anything beyond a simple refund dispute, talk to a lawyer.

If you are the driver

You don't file this summons; TLC or another enforcement agency does. What you can do is document and complain. The step-by-step version is in garage won't return my E-ZPass deposit, and the full rules with worked examples are in the replenishment account guide for lease drivers. Keep in mind:

• Ask for the E-ZPass statement lines for your shifts. Tolls you already paid back in cash shouldn't be taken twice.
• Check the rate on each line. The taxi lease-cap rule lets the owner add "the discount toll amount" for use of the owner's E-ZPass. If lines show Mid-Tier because the owner's tag wasn't mounted, ask the owner about it and keep a photo of where the tag was. See tag mounting and Mid-Tier.
• Using your own tag avoids this account entirely: can I use my own E-ZPass in a leased car?

Related: replenishment account (definition), rule 58-27(a)-(b): the owner's account and tags, how to open an E-ZPass NY account, and the tolls hub.

This page explains TLC rules. It is not legal advice.