TLC Rule 80-15(d)(4): Forwarding Tolls to the Tag Holder

In short: When you drive with someone else's E-ZPass tag, the tolls are paid from their account, so the toll money you collect belongs to them. Rule 80-15(d)(4) says you must forward every toll a passenger paid to the tag holder by the end of your shift or lease. Rule 80-15(d)(5) says that if a taxi or green cab owner made you keep a replenishment account, you must keep the required balance. Either one carries $50 plus restitution of what you didn't pay back, and you must appear at the hearing.

What the rule says

From TLC chapter 80, §80-15(d):

(4) A Taxicab, For-Hire Vehicle or Street Hail Livery Driver must forward all tolls paid by the Passengers to the holder of the E-ZPass® tag at the end of his or her shift or lease period.

(5) If Taxicab or Street Hail Livery Driver has been required to establish a replenishment account, as described in §58-27(d)(2) of the Taxicab Owners chapter, the Driver must maintain the required balance in the account.

§80-15(d)(4)-(5) Fine: $50 plus restitution to the E-ZPass® tag holder of any amount not reimbursed. Appearance REQUIRED

Two lines in the owner chapters make the rule wider than it first looks. Chapter 59, §59A-23(b)(4) says:

A Driver who fails to reimburse an EZ-Pass® tag holder for all toll charges incurred, including toll charges for which there is no passenger reimbursement, will be subject to the penalties provided for violation of §80-15(d)(4) of these rules.

Chapter 58, §58-26(f)(4) says the same for taxi drivers, in nearly the same words ("will be subject to the provisions of §80-15(d)(4)").

So the duty covers every toll the tag paid while you had the car, not only tolls a passenger paid you back for. Tolls on the way to a pickup, or driving home empty, count too. See tolls on the way to a pickup.

How the toll money is supposed to move

Who it applies to

• Drivers of yellow taxis, green cabs and for-hire vehicles who use a tag that belongs to someone else, usually the owner or fleet. The person or company on the E-ZPass account is the tag holder.
• Part (d)(5) names only taxi and green cab drivers, because it points to the taxi owners' replenishment rule. FHV owners have a matching replenishment rule (§59A-24(d)(2)), but the chapter 80 text of (d)(5) doesn't mention FHV drivers.
• If you use your own tag, you are the tag holder. The owner rules say you keep the passenger's toll money, or are reimbursed for card tolls (§58-27(c), §59A-24(c)). See can I use my own E-ZPass in a leased car?

App drivers in a rented or leased car. Rule 59D-17(c) makes Uber and Lyft remit "the entirety of any toll paid by the Driver during a dispatched trip" ($500 fine and restitution if they don't). That money is for the toll; if the toll came out of the fleet's account, it is what you forward under (d)(4).

Penalty and points

• $50 for each violation found.
• Restitution to the tag holder of "any amount not reimbursed". This can be larger than the fine, for example a full lease's worth of tolls.
• Appearance required.
• No points are listed.

Under §58-26(f)(5) and §59A-23(b)(5), TLC can also order restitution to a passenger or to the tag holder "in addition to any other penalty".

Evidence of payments: what to keep

If a summons or a dispute ever turns on whether you paid the tolls, records win. Keep, for every shift or lease:

Compare the owner's list against your trips. A toll should appear once. If the owner's statement shows rates above the E-ZPass rate, ask why; tag mounting and Mid-Tier explains the most common reason, and which agency issued my E-ZPass? explains why some tags pay the mail rate at MTA crossings.

What to do if you get this summons

1. Read the summons. Look for 80-15(D)(4) or (D)(5), the tag holder named, and the hearing date. The summons decoder helps.
2. Add up what was owed. Tolls the tag paid during your shifts or lease, minus what you forwarded, minus any replenishment balance the owner kept.
3. Gather the records in the checklist above.
4. Go to the hearing. Appearance is required. If you do owe money, you can pay the tag holder and bring a receipt. If the owner's numbers are wrong, bring your records.
5. Think about a lawyer if the amount is large or the lease relationship is in dispute.

Out-of-city crossings count too. If your trips used the New Jersey Turnpike or the Thruway barriers at Yonkers and New Rochelle on the owner's tag, those tolls belong in the same accounting.

Related: rule 58-27(d)(2): the owner's side of the replenishment account, replenishment accounts for lease drivers, tolls hub.

This page explains TLC rules. It is not legal advice.