TLC Rule 82-17(g)(2): SHL Improvement Surcharge Summons

In short: Rule 82-17(g) is about money for accessibility: the $1.00 Street Hail Livery Improvement Surcharge added to every hail trip in a green "Boro Taxi," which goes into a City fund that supports wheelchair-accessible SHLs and their drivers. A summons under 82-17(g)(2) says a payment duty in that system wasn't met. The penalty is $1,000 with appearance required. Because the wording of (g)(2) changed over the years, the first step is to find out which version your summons relies on.

The money behind this rule

TLC's definitions chapter explains the pieces:

• Street Hail Livery Improvement Surcharge: "the surcharge of $1.00 per trip that will be added to every Hail Trip in a Street Hail Livery." It goes into the Fund, "except for any amounts paid directly to the Drivers of Accessible Street Hail Liveries."
• Street Hail Livery Improvement Fund: a City-managed fund that makes subsidy payments to SHL licensees who must buy an accessible vehicle and to drivers who operate accessible SHLs, and can fund driver training and the accessible dispatch program.

Chapter 82 says the surcharge must be collected "beginning on January 1, 2015," on top of the fare (rule 82-26(h)). Rule 82-70(b) says drivers of accessible SHLs receive a per-trip payment, with the amount posted on TLC's website.

What (g)(2) said, then and now

In the 2019 version, (g)(1) required the licensee to pay the surcharge "remitted by the Driver for each Hail Trip," (g)(2) set the "time and manner," and (g)(3) warned that non-payment "may be grounds for suspension" and denial of renewals. In the current version, the duty to remit collected surcharges sits mainly with the technology system provider or e-hail app provider, while (g)(3) makes the SHL licensee pay amounts the provider did not collect, and (g)(5) says non-payment is grounds for suspension and denial of renewals or new licenses.

We could not find a published copy of chapter 82 for every year, so we can't say exactly when the wording changed. Your summons should describe the alleged conduct; that description is what you answer.

How often it appears

The summonses arrive in batches: 761 in 2016, 1,088 in 2019, 940 in 2020, none in 2021–2022, then 289 in 2023 and 169 in 2024. Every one was issued by TLC itself, which fits a records-based payment review rather than a street stop.

Who it applies to

Under both versions, the summons is normally addressed to the SHL licensee, though the current version also places duties on technology system and e-hail providers. Drivers of accessible SHLs are on the receiving end of the incentive payments; see WAV drivers and green cab drivers.

What to do now

• Reconcile first. Compare hail trip counts with what was collected and paid. Many disputes are about the numbers.
• Pay what you owe if the records show a shortfall, and keep proof. Under the current rule, the suspension lasts until compliance.
• Appear at the hearing. Appearance is required. If the provider was responsible for remitting, bring that evidence.

Hearing, payment and suspension

A surcharge case is mostly about documents, so a written defense or a phone hearing often works well. TLC's summons page says OATH hearings are generally held by phone or by written defense online if eligible; request a phone hearing at least 3 business days ahead, or an in-person hearing at least 5 business days ahead. Because appearance is required, don't simply mail a payment and assume the case is closed. Check the status with our summons lookup.

If you are found guilty, the fine is due within 30 days (rule 82-02(c)). If it isn't paid, TLC sends written notice that the license will be suspended in 10 business days until it is paid. A suspension under chapter 82 covers both the SHL license and the vehicle's for-hire or paratransit vehicle license (rule 82-02(d)). See paying TLC fines.

Points to discuss with your lawyer

General information only:

• Which version of 82-17(g) was in force on the date in the summons?
• Who had the duty to collect and remit: you, or your technology or e-hail provider?
• Is the amount right? It should match the hail trips in the period.
• Was it already paid? Payment records can resolve the case.
• Is there a settlement? Settlement offers come from TLC, not OATH; see TLC settlement offers.

Read more about how fixed and range penalties work in the TLC penalty schedule explained, and about cooperating with TLC requests in 82-16(j)(1).