TLC No-Smoking Rule 80-15(b): $150 Fine, Must Appear

In short: "A Driver must not smoke in a Vehicle." That is the whole of TLC rule 80-15(b). The penalty is a $150 fine, and the rule book marks it Appearance REQUIRED — so you must take part in the OATH hearing rather than just pay. There are no TLC points. If a passenger smokes, a different rule lets you ask them to stop and, after two requests, end the trip safely.

What the rule says

The TLC Chapter 80 rule book puts the smoking ban under §80-15, "General Rules During Operation of Vehicle":

"(b) No Smoking. A Driver must not smoke in a Vehicle." §80-15(b) Fine: $150 — Appearance REQUIRED

"Vehicle" in chapter 80 means a taxicab, a for-hire vehicle or a street hail livery (rule 80-03(b)). So the rule covers every TLC driver, whether you drive a yellow taxi, a green cab or an app-based FHV.

The rule is short, and it has no exceptions written into it. It does not say "with a passenger inside" or "while on a trip." It does not define "smoke," either, so questions about e-cigarettes or vaping are not answered by the text itself — ask a lawyer how the rule is applied before assuming anything.

Why "Appearance REQUIRED" changes your plan

Rule 80-02(b) says each specific penalty "also states whether the violator must attend a Hearing." Many lower-fine TLC rules say Appearance NOT REQUIRED, and TLC says some summonses can be pleaded guilty and paid online through LARS. Smoking is different: the rule book says you must appear.

Appearing does not have to mean a trip to an OATH office. TLC says hearings are generally held by phone or by written online defense where eligible, and you can ask for an in-person hearing by emailing OATH at least five business days ahead (TLC summons page). What matters is that you answer by the hearing date. If you don't, the judge can find you in default.

When a passenger smokes

Drivers often ask what they can do about a passenger who lights up. Rule 80-20(b)(10) lists this as a justified reason to refuse service: "The Passenger is smoking and has refused the Driver's request to stop. If the Driver has already begun the trip the Driver can discharge the Passenger in a safe location." The rule adds a caution: you must ask at least twice before requiring them to leave.

So the steps are: ask clearly, ask again, then stop somewhere safe. If you end up with a refusal summons or a courtesy summons over the same incident, notes you made right after the trip (time, place, what was said) are useful evidence.

How often it is charged

Smoking summonses peaked in 2017 (1,055) and have been between about 175 and 350 a year since 2021. The dataset does not say whether a summons came from an inspector's observation or a passenger complaint.

Other §80-15 rules you may see on the same summons

Rule 80-15 is a grab-bag of rules about how you run the vehicle. Inspectors sometimes list more than one. Here is what the others say, in brief, from the current rule book:

• 80-15(a) Weapons — no weapon in your possession or in the vehicle without the Chairperson's written permission. Penalty: revocation, appearance required.
• 80-15(c)(1) Locked rear doors — don't lock the rear doors while on duty unless the passenger agrees or asks. With a passenger inside: $300 / $400 and/or a 5–30 day suspension, plus 2 points. See our 80-15(c)(1) page.
• 80-15(d) E-ZPass — you must have an E-ZPass tag and use it wherever accepted: $100 / $150.
• 80-15(e) Overloading — no more passengers than the vehicle seats (a taxi must also accept one extra child under seven on an adult's lap in the rear): $100 / $150.
• 80-15(g) Marketing — don't sell or advertise to passengers without TLC approval: $50, appearance required.
• 80-15(l) Horn honking that breaks traffic rules: $50.

Each of these is a separate charge with its own penalty, so a summons with two codes can mean two fines.

What to do now

1. Note the details on the summons: date, time, place, and who issued it. If it came from a complaint, the summons or TLC letter may say so.
2. Choose how you will appear before the deadline. Use our deadline calculator.
3. Think about evidence. Was someone else smoking? Was the smell from a previous passenger? Was the car parked and were you off duty? Write down what happened while it is fresh.
4. Consider help. Because appearance is required, many drivers prefer a representative to handle the hearing. See how to prepare for a TLC hearing.

Points to discuss with your lawyer

General information only — a lawyer can tell you what applies to your facts.

• What exactly did the inspector or complainant say they saw?
• Was the person smoking actually you, or a passenger?
• Is there a question about whether the product used counts as "smoking" under the rule?
• Was the vehicle in use as a TLC vehicle at the time?

Related reading: OATH hearings for TLC drivers and evidence for a TLC hearing.