TLC Phone Summons 80-14(g)(1): Fine, Points & Course

In short: §80-14(g)(1) says a TLC driver must not use a phone, other electronic communication device or an approved tablet while operating the vehicle — only while it is lawfully standing or parked. The penalty is $250 if you plead guilty before the hearing or $350 if found guilty after one, 3 TLC points (4 on a third offense in 15 months), and a suspension that is avoided only if you finish a Distracted Driving Portable Electronic Device Course within 60 days. TLC's definition of "use" is broader than most drivers expect: even a hands-free earpiece counts.

What the rule says

The TLC rule book, chapter 80 says in §80-14(g)(1): "A Driver must not Use an Electronic Communication Device or Approved Tablet while operating a Vehicle. A Driver can Use an Electronic Communication Device only while the Vehicle is lawfully standing or parked."

The word "Use" is defined in §80-03(c)(8). It means to:

• operate any function of an electronic communication device in any way, or
• have a hands-free device in or near the ear.

There is one carve-out, for FHV and street hail livery drivers only: a short, business-related communication with the base is not "use" if it is about a dispatch, made on an FCC-licensed two-way radio or a device (including a smartphone) mounted in a fixed position, and done by voice or one-touch pre-programmed buttons. Use permitted under §80-22 is also excluded.

Is what you did "use"? A quick check

Who it applies to

All TLC drivers. The dispatch exception applies only in FHVs and street hail liveries, not yellow taxis.

Penalty, points and the 60-day course

Paragraph (g)(2) makes the course mandatory after any conviction: the license is suspended until you complete it. TLC publishes a list of authorized course providers; check it through TLC's driver education pages before you enroll.

Points go into TLC's Persistent Violator Program for 15 months, added to DMV points. If you also got a DMV phone ticket, note that the DMV's own schedule lists 5 DMV points for using a mobile phone or portable electronic device while driving (NYS DMV).

How often it is charged

Common situations

• Tapping the app to accept a ride or check the next pickup while moving.
• An earbud in one ear for music or calls — "in or near the ear" is use.
• Holding the phone for navigation instead of using a fixed mount.
• Using the phone at a red light or in stopped traffic. The rule's only exception is "lawfully standing or parked", and it does not name red lights.

What to do and defenses to discuss

1. Check the facts on the summons — where you were, what the officer says they saw, whether the car was moving.
2. Collect proof for any exception: a photo of the mount, base message logs, or your carrier's record of a 911 call.
3. Don't skip the course if you plead or lose. Book it early; the 60-day clock starts at the decision.
4. Read the full guide on the TLC cell phone rule and decide with our fight-or-pay tool.

Defenses to discuss with a lawyer or OATH-registered representative include the officer's view, whether the vehicle was lawfully standing, the dispatch exception and the emergency defense. This is general information, not legal advice.

What the hearing focuses on

Phone cases usually come down to one person's observation: an officer or inspector says they saw the device in your hand, your hand on the screen, or a device at your ear while the vehicle moved. The hearing officer weighs that account against yours and any evidence you bring. Useful questions are simple: How far away was the officer? From what angle? Was the vehicle actually moving? Was the device mounted? Could the object have been something else? If your app or base logs show no interaction at that minute, they can help too.

Most of these hearings happen by phone; our page on what to expect at an OATH phone hearing explains the format. If you decide not to contest, check whether TLC has mailed you a settlement offer first, then plead and pay before the hearing date. Either way, the fine is paid to TLC, not OATH — see paying TLC fines.

How this rule fits with other safety charges

A phone summons is sometimes written together with another charge from the same stop — for example a moving violation under 80-13(a)(2) or, in serious cases, reckless driving under 80-14(a). Each charge is decided separately at the hearing. For TLC's Persistent Violator count, though, multiple violations from one incident are counted as the single one with the highest points (§80-27(a)(2)).