TLC Overcharge Rule 80-17(a)(1): Penalties & Defenses

In short: Rule 80-17(a)(1) says a yellow taxi or street hail livery (green cab) driver must not charge, or try to charge, more than the fare TLC approves. It is one of the few TLC rules with mandatory penalties: a first violation costs $350 if you plead guilty before a hearing or $500 if you are found guilty after one. If the overcharge is $10 or more, TLC rules require revocation of your license. Read the summons carefully before you decide anything.

What the rule says

The current TLC Chapter 80 rule book (updated June 6, 2025) says, in §80-17(a)(1), that a driver of a taxicab or street hail livery "must not charge or attempt to charge a fare above the Commission-approved rates." The rule also covers:

• a fare in a green cab for a hail trip, and
• a fare for any trip started or accepted through an e-hail app, including a Flex Fare trip (an upfront, binding app price for a taxi or green cab).

The penalty line under the rule points to the mandatory penalty table in §80-02(e), and says Appearance NOT REQUIRED.

Two neighbouring rules use the same penalty table, so check which one your summons cites:

Who it applies to

This rule is about metered and Flex Fare trips in yellow taxis and green cabs. App-based FHV drivers are usually charged under 80-17(a)(2) instead, because their fare comes from the base's quote, not the meter.

What counts as an overcharge

The approved rates are on the TLC taxi fare page. Common points of dispute in overcharge summonses involve the parts of the fare that are not the meter's distance-and-time charge:

• The JFK flat fare. Trips between JFK and Manhattan are a flat $70 plus the listed surcharges, tips and tolls. JFK to other NYC destinations is the standard metered fare.
• Newark. Standard meter plus a $20.00 Newark surcharge, plus tolls (the passenger also pays your return tolls).
• Westchester and Nassau. The meter shows double the amount from the city limit to the destination. You must tell the passenger how the fare works before starting, and say when you cross the city line (rule 80-17(f)(2)).
• Other places outside the city. A flat rate in dollars must be agreed before the trip. The rule says "double the meter" is not a flat rate.
• No extras for luggage, extra passengers or paying by card. The fare page lists no charge for these. A mark-up for card payment is its own violation (80-17(e)(1)(vi)).

How repeat violations are counted

The ladder counts any combination of the violations in the §80-02(e) table: overcharging under 80-17(a)(1)–(3) and 80-17(j)(2), and the service refusals in 80-20(a), including asking a destination before the passenger is seated. So a refusal last year plus an overcharge this year can make the overcharge a second violation.

Rule 80-02(e)(2) says the 24- and 36-month periods are counted backwards from the date of the last violation. Rule 80-02(e)(3) adds that a driver whose license is revoked for one of these violations cannot get any TLC license for one year from the revocation date.

How often this charge is filed

Filings in 2024 (732) and 2025 (684) were more than double the 2016–2022 range. The data does not explain why; it only counts summonses filed.

What to do now

1. Read the summons. Note the code, the amount TLC says you charged, the trip date and time, and the hearing date. Our summons decoder can help you read it.
2. Work out the "approved" fare yourself using the rate in effect on the trip date. If the gap is close to $10, that number matters a great deal.
3. Collect the trip record. Your Technology System trip data, the receipt, any e-hail app record, and toll records (E-ZPass) show what was charged and why.
4. Do not pay automatically. Paying is pleading guilty, and that counts toward the 24/36-month ladder. Check with a lawyer first if you have any earlier refusal or overcharge findings. See should I fight my TLC summons?
5. Watch the deadline. Missing the hearing can lead to a default decision. See missed OATH hearing.

Points to discuss with your lawyer

These are general questions, not legal advice. Only a lawyer who has seen your evidence can tell you what applies.

• Was the charged amount actually above the approved rate, once all lawful surcharges, tolls and the tip are separated out?
• Was it a Flex Fare trip, where the price is set upfront by the app rather than the meter?
• Did the passenger change the destination, or ask for a stop, during the trip?
• For out-of-city trips, was the flat rate agreed before the trip started, and can you show it?
• Is the trip on the summons really your trip (date, time, medallion number)?

For the bigger picture on passenger-related summonses, read the TLC overcharging rules guide and responding to a passenger complaint. You can also check your case on the summons lookup.