TLC Unsafe Lane Change 80-13(a)(3)(xii): Fine & Points

In short: §80-13(a)(3)(xii) is TLC's code for an unsafe lane change. It is one of the hazardous moving violations, so it costs $300 if you plead guilty before the hearing or $400 if you are found guilty after one, and adds 3 TLC points. It belongs to a family of "where you put the car" charges — improper passing, driving left of center, wrong direction — that all carry 3 TLC points. Knowing which of these you were charged with, and why, is the first step.

What the rule says

TLC rule §80-13(a)(3) defines hazardous moving violations and lists the TLC points for each (TLC rule book, chapter 80). The fine is the same for every item: $300 if you plead guilty before a hearing, $400 if found guilty after one. Appearance is not required. The lane-position items are:

TLC points from §80-13(a)(3); DMV points from the NYS DMV point system.

The TLC rule adopts the traffic laws rather than defining an "unsafe" lane change itself. So the hearing asks whether the change you made broke the traffic law at that time and place — typically, whether you moved over when it wasn't safe to do so.

Who it applies to

Every TLC-licensed driver, in any TLC vehicle, and authorized paratransit drivers while driving an accessible street hail livery.

Penalty and points

The fine never escalates under this rule, but the 3 points stay in TLC's Persistent Violator Program count for 15 months from the conviction date, added to any DMV points. At 6–9 combined points TLC suspends your license for up to 30 days; at 10 or more it revokes. If several charges came from the same maneuver — say, unsafe lane change plus failure to yield — the program counts only the one with the highest points (§80-27(a)(2)).

How often it is charged

Unsafe lane change is charged far less often than stop sign or red light summonses — a few hundred a year as a first charge — but it carries the same fine and points.

Common situations

• Cutting toward the curb for a pickup when a passenger waves or an app pickup point is on the other side of the street.
• Merging around a double-parked vehicle into a lane with traffic, often a cyclist.
• Changing lanes in a tunnel, on a bridge or near a solid line where changes are restricted.
• Last-second moves for an exit on a highway.

Several of these are tied to how ride-hail and taxi work happens: pickups pull you to the curb fast. That is understandable, but it is not a defense by itself. What matters is whether the move was safe and lawful when you made it.

If your summons lists one of the related codes instead — improper passing, left of center or wrong direction — the facts the hearing looks at shift slightly. A wrong-direction charge, for example, turns on the signs at the street entrance, not on the gap in traffic. Make sure your evidence answers the charge you actually received.

What to do and defenses to discuss

Points to discuss with a lawyer or OATH-registered representative: whether the evidence shows the change was unsafe, whether solid lines or signs actually restricted lane changes there, the officer's position and view, and errors in the summons. If there was a crash, read 80-13(a)(4) about your duties at the scene. Prepare with our evidence guide. This is general information, not legal advice.

What to expect at the hearing

OATH hearings are informal and most are held by phone. The hearing officer reads the summons, hears from the issuing side if anyone appears, and listens to you or your representative. In lane-change cases, video is often decisive because it shows the gap you had and the lane markings; without video, a clear diagram of the road and your position can help the hearing officer follow your account. Our phone hearing guide explains the call, and the hearing prep checklist helps you organize.

If you can't make the date, OATH allows you to reschedule once. Do it before the date, not after.

After the decision

If you are found guilty, the $400 fine is paid to TLC within 30 days of the decision unless you file a timely appeal (§80-02(c)); otherwise TLC sends a notice and suspends the license 10 business days later until payment. If you plead guilty before the hearing, you pay $300. In both cases the 3 points go into the Persistent Violator count. If you were found not guilty, there is no fine and no points.

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