TLC Fraud & Theft Rule 80-12(c): Penalty and Hearing

In short: TLC rule §80-12(c) says that while working as a TLC licensee you must not commit or attempt fraud, misrepresentation or theft. It is one of the serious conduct charges: $350 to $1,000 and/or a 5- to 60-day suspension, restitution if theft is found, and 4 TLC points. You must appear at the hearing — there is no plead-and-pay option. These summonses often begin with a passenger complaint about a fare, a card charge or property, so the trip record is usually the center of the case.

What the rule says

From the TLC rule book, chapter 80, §80-12(c), "Fraud, Theft": "While performing the duties and responsibilities of a Licensee, a Licensee must not commit or attempt to commit, any act of fraud, misrepresentation or theft."

Three words in it set the scope:

• "While performing the duties" — the rule is about conduct on the job, not your private life.
• "Attempt to commit" — the attempt is enough. A charge that was reversed or a refund that was issued does not by itself end the case.
• "Fraud, misrepresentation or theft" — three different things. Misrepresentation can be as simple as a false statement about a fare, a toll or who you are.

Penalty, points and restitution

The hearing officer chooses the fine and suspension within those ranges. If theft is found, the decision adds restitution — paying back what was taken. The 4 points go into TLC's Persistent Violator Program for 15 months, counted with DMV points. Separately, TLC's §80-02(d) allows discretionary penalties in place of the specific ones, up to revocation, a suspension of up to six months and/or a fine of up to $1,000.

How 80-12(c) relates to overcharging rules

Many fraud summonses involve money from a trip. TLC has specific overcharging rules, and they carry mandatory penalties that escalate fast. Knowing which rule you were charged with tells you what is at stake:

See overcharging under 80-17(a)(1) and our guide to TLC overcharging rules.

How often it is charged

Counts roughly doubled in 2023–2024 compared with 2021. The data cannot tell us why.

Why "attempt" and "misrepresentation" matter

Drivers sometimes assume that if the passenger got their money back, the case is over. Under this rule it isn't necessarily: an attempt is covered, so a charge that was reversed can still be the basis of a finding. The flip side is that a mistake is not fraud. A wrong toll entered by accident, a meter or payment system error, or a misunderstanding about a flat fare is different from a deliberate false charge. Your records — when you noticed, what you did about it, whether you reported it to the base or app — are how you show the difference.

Who it applies to

Every TLC "Licensee" — the rule says licensee, not only driver, so it reaches anyone holding a TLC license while performing those duties.

Common situations

• A passenger disputes a card charge — a double charge, a tip they say they didn't add, or a charge after the trip ended.
• Wrong or extra fees — tolls or surcharges that weren't owed.
• Property left in the vehicle that a passenger says was kept. TLC has separate lost-property rules (§80-18); see lost property.
• False statements to a passenger, a base or TLC about a trip.

What to do and defenses to discuss

1. Get representation. The hearing is required, the suspension range is long, and the same facts could raise criminal exposure. See a lawyer before you give any statement.
2. Pull the trip record and payment records — fare, tolls, surcharges, the card transaction and its time.
3. Gather the messages with the passenger, the base or the app's support team, including any refund.
4. Save video from the trip, if your vehicle has a camera.
5. Don't miss the hearing. A default on a required-appearance charge leaves the decision without your side.

Points to discuss with your lawyer or OATH-registered representative: whether the evidence shows intent to deceive or take, rather than a mistake or a system error; whether the fare and fees were actually correct; and whether the passenger is available to testify. Read responding to a passenger complaint and passenger complaint summonses. This is general information, not legal advice.

After the decision

Fines are due to TLC within 30 days of the decision unless you appeal in time (§80-02(c)); unpaid fines lead to a suspension notice. OATH says appeals must be filed within 30 days of the decision, or 35 if mailed (OATH: Appeal a Decision). Restitution ordered in the decision must be paid as it directs.

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