TLC Rule 58-39(e)(3)(i): Taximeter Not Tested in 12 Months

What the rule says

Section 58-39 of chapter 58 is titled "Taximeter Tampering", but subdivision (e) covers routine testing. It says a taximeter "must be tested for accuracy over a measured mile course and its installation must be tested for compliance with the rules of the Commission." Only TLC-authorized personnel can perform these tests. Both tests must be done, and the results shown on the Rate Card, in five situations:

So the yearly test is the most expensive of the five, and it's the one that catches owners who simply let the date slip.

Who it applies to

The medallion owner. Chapter 58 governs taxicab licensees. A lease driver doesn't schedule meter tests, but if a cab's Rate Card shows an old test date, it's worth telling the owner or agent — a related meter problem can take the cab off the road.

Related meter rules worth knowing

The neighbouring sections set the rest of the meter rules, and summonses sometimes cite them together:

• 58-37(a) — the meter must be an approved type, readable by passengers, match the serial or software number on the Rate Card ($500 if it doesn't), match the tire size it was calibrated for, and have seals installed only by a licensed shop.
• 58-38 — no cab may be in service with a defective or improperly installed meter; it must be repaired and certified by a licensed taximeter business ($100), and only licensed shops may adjust it ($75).
• 58-39(a)–(b) — tampering. The owner is responsible for any tampering ($250–$1,500 and/or suspension up to 30 days). Subdivision (c) gives the owner an affirmative defense if they did not know of the tampering and used due diligence, such as lease warnings and random odometer-versus-meter checks.
• 58-39(d) — an owner who discovers an unapproved meter, broken seal or unauthorized device must call TLC immediately and write within 24 hours.

How often this charge appears

OATH's public records show roughly 900–1,200 a year in 2014–2017, almost none in 2021, and a climb back to 857 in 2025. The data has no outcomes, so it doesn't show how many were dismissed or paid.

Why the Rate Card matters so much

The Rate Card is the official card assigned to each cab that lists, among other things, the meter's serial or software number and its test history. Under 58-37(a)(3), the meter's serial or software version number must match the one on the Rate Card, and under 58-39(e)(3) the test results must be "indicated on the Rate Card." In practice, an inspector checks the card. If the last recorded test is more than 12 months old, that is usually what the summons is based on — whether or not the meter is actually accurate. An accurate meter with no recorded test can still be a violation; a test done on time but never entered on the card is a paperwork problem you can often prove with the shop's records.

Pay early or go to a hearing?

This is one of the charges where the rule book sets two prices: $150 if you plead guilty before a hearing, $200 if found guilty after. That $50 gap is the cost of contesting and losing. If you have a shop certificate showing a test within the 12 months, contesting may make sense. If you don't, the lower price is the rule book's built-in reward for admitting it. Either way, the meter still needs testing — paying the fine does not fix the Rate Card. Our fight-or-pay tool walks through the trade-offs in general terms.

Common situations

• The cab was off the road for months and the annual test date passed.
• The test was done but not recorded on the Rate Card.
• The meter was replaced or updated and the new installation wasn't certified (that's (ii), a different code).
• A transmission repair wasn't followed by a new test (that's (iii)).

What to do now

Defenses to discuss with a lawyer (general information)

Not legal advice. The usual questions are factual: was the meter tested within the 12 months before the summons date, and does the Rate Card or the shop's record show it? If the test happened but the paperwork was wrong, the shop's certification is key evidence. See what TLC must prove and our evidence guide.

Documents to gather

The summons, the Rate Card (front and back), the meter shop's test certificate, repair invoices for any transmission or meter work, and the cab's inspection reports. Related owner charges: 58-29(b) for late inspections and 58-30(b) for uncorrected defects. If TLC mails a settlement offer, read how TLC settlements work.