Hello everybody… This month, I want to talk about 35 Rules of the City of New York section 68-14, concerning Fitness Revocation Hearings. This rule lays out the activity which will result in the loss of your TLC license, the basic procedure for such revocation, and the factors that may help you keep your TLC license should one of the triggering activities occur.
Drunk or drugged driving, possessing a weapon in your car, death or critical injury of a person from a serious crash, a felony conviction, or one of 19 misdemeanor enumerated convictions (including under penal law section 120.00 for assault in the third degree, which I will discuss more fully below), failing your drug test for using illegal drugs or not following drug test procedures can all result in TLC seeking revocation for lack of “fitness.”
If TLC seeks to revoke your TLC license, they must send you a notice specifying the reason you are not fit to hold a TLC license. Thereafter, OATH will issue a decision after a hearing in writing, stating why or why not you are fit to hold a TLC license and the reason why you are not fit or are fit. Additionally, if the reason TLC seeks to revoke your TLC license is based on a criminal conviction, TLC may not revoke unless an OATH judge finds there is a direct relationship between the criminal conviction and your duties as a driver, or there would be an unreasonable risk to property or safety or welfare of the public if TLC let you continue to drive. 68-14(f) enumerates eight factors that the TLC chair must consider in his or her decision regarding your revocation for a criminal conviction, including how long ago your criminal conviction occurred, your age at the time of conviction, how long you had your TLC license and how good or bad your record as a TLC driver is with points, etc. and the seriousness of the offense for which you were convicted.
Penal Law 120.00, assault in the third degree, and its other related offenses are very broad criminal offenses. This can occur when a couple (married or not) or friends get angry with each other and hit each other without weapons. I believe this offense is too broad to be included in TLC rules as an offense that mandates revocation of a TLC license. Moreover, your TLC license will be suspended while the criminal case is pending against you. If the charge is reduced further, which it often is, you will be returned your TLC license, but this could take four to six months… perhaps more.
I am available to help you if you are charged with a crime or other activity for which TLC seeks to revoke your TLC license. I do not charge for an initial consultation. Please do not hesitate to contact me if this happens to your or a friend or colleague.
Thank you for reading my article. Until next month, be well.