TLC Rule 59D-17(c): App Must Repay Driver Tolls

In short: Rule 59D-17(c) is a rule for Uber, Lyft and any other high-volume for-hire service, not for drivers. It says the company "must remit to the Driver the entirety of any toll paid by the Driver during a dispatched trip". If it doesn't, TLC can fine the company $500 and order restitution of the unpaid tolls to the driver. Drivers can't receive this summons. They use the rule when a toll they paid is missing from their pay.

How drivers raise it

Drivers mostly meet this rule when something goes wrong, so here is the short version first.

The full walk-through, with an evidence checklist, is in Uber or Lyft didn't pay my toll. TLC's Driver Protection Unit investigates complaints about "failure to pay drivers what they earned by providing a trip". TLC decides whether and how to act; we can't promise an outcome.

What the rule says

From TLC chapter 59, §59D-17 "Operations – Rates and Tolls":

(c) Tolls. A High-Volume For-Hire Service must remit to the Driver the entirety of any toll paid by the Driver during a dispatched trip.

§59D-17(c) Fine: $500 and restitution to the Driver for any tolls that were not properly reimbursed. Appearance NOT REQUIRED

In plain English:

• "Remit" means pay over to you.
• "The entirety" means the whole toll. The company can't keep part of it as a commission or fee. Uber's own help page says "The service fee does not apply to tolls."
• "Paid by the Driver" means the toll charged to your E-ZPass (or to the tag on the car you drive).
• "During a dispatched trip" is the key limit. The rule does not define it further, and it does not say whether the drive to the pickup is included. Uber's policy is narrower: it repays "only for tolls incurred during a trip with a rider". See tolls on the way to a pickup.

The neighbouring rules in §59D-17 cover fares and tips: (a) the company can't charge riders more than its filed rate schedule ($200), and (b) it must pass on the entirety of tips ($500).

Who it applies to

High-Volume For-Hire Services: TLC-licensed businesses that dispatch 10,000 or more trips a day in the City, counting all bases that use a common brand together (chapter 51 definitions). TLC's trip data dictionary lists Uber (HV0003) and Lyft (HV0005) among them. Black car, livery and luxury limousine bases that aren't high-volume follow chapter 59A and 59B instead; for those trips the passenger toll rules are in §59A-23.

The rule protects the driver. It doesn't cover what the rider is charged; that is set by the company's pricing and filed rate schedule.

Related company rules

The minimum pay rule doesn't include tolls. TLC's trip records define driver_pay as "Total driver pay (not including tolls or tips …)", so a toll should never be used to make up the minimum. See do tolls count toward minimum pay? and the FHV minimum pay guide. Lockout and access rules for the same companies are in the 72-hour and 16-hour rules.

Penalty and points

• Fine: $500 for the company.
• Restitution: the company pays the driver "any tolls that were not properly reimbursed".
• Points: none; this is not a driver rule.
• Appearance: not required.

If the car's owner holds the E-ZPass

Many app drivers rent or lease their car, and the tag may belong to the owner. Rule 59D-17(c) talks about a toll "paid by the Driver", and it does not say how that works when the toll comes out of the owner's account. The FHV owner rule fills part of the gap: when the owner provides the tag, all money paid by a passenger for tolls "accrue[s] to the For-Hire Vehicle Owner" (§59A-24(d)(1)), and the driver must forward passenger-paid tolls to the tag holder (§80-15(d)(4)). So if the app repays a toll to you, check your lease or rental agreement for how it is passed on to the owner. If you use your own personal tag, the toll money is yours (§59A-24(c)).

Driver-side toll rules

The driver has toll duties too, under different rules:

• Use an E-ZPass; a personal tag is allowed (§80-15(d)(1)-(3); $100 / $150).
• In someone else's car, forward the passenger-paid tolls to the tag holder at the end of the shift or lease (§80-15(d)(4); $50 plus restitution).
• Don't charge a passenger more than the actual E-ZPass toll; that's an overcharge.

For the full picture on app tolls, read tolls on Uber and Lyft trips. How often app trips carry a toll, by borough and airport: the data page. Who chooses a tolled route: toll bridge or free route with a rider. All toll pages: Tolls.

This page explains a TLC rule. It is not legal advice.