New York City Taxi and Limousine Chair Matthew Daus recently rendered a decision which every taxi driver must be aware of. Did you think that America is the land of the free? Think again, if you are a New York City taxicab driver. Chairman Daus of the NYC TLC has unilaterally acted to overturn decades old New York State law which had prohibited TLC from revoking a taxicab driver’s license merely for using foul language.
Mr. Daus was recently quoted in a newspaper as saying that older decisions of the New York state courts that were from before his time will be ignored by the Chair. In fact, the TLC is now enforcing a policy of suspension or revocation and $1000 fine for a conviction for use of harassment language under rule 35 RCNY section 2-60(a).
In a recent case, a driver was found guilty by an Office of Administrative Trials and Hearings (OATH) judge of having violated rule 2-60(a) of the NYC TLC taxicab rules. The OATH judge imposed a fine of $350 for the violation. Chair Daus rejected the $350 fine and instead imposed a fine of $1000 (the maximum allowed under the rule) and a 30 day suspension. Chair Daus is seeking to alert drivers that using foul language is simply unacceptable behavior.
The OATH case involved driver to driver conflict. In fact, no paying passenger was involved at all. This was merely a dispute between to angry drivers – a matter of road rage.
2-60(a) language states that, ” [a] driver shall not threaten, harass or abuse any passenger or any governmental or Commission representative, public servant or other person while performing his duties and responsibilities as a driver.” The penalty listed in the driver’s rules for a violation of 2-60(a) is $350 to $1000 fine plus 30 day suspension or revocation plus 3 TLC points.
Typically, for a first violation, TLC ALJ’s had been imposing the minimum fine of $350 plus 3 TLC persistent violator points. Now it appears that TLC will be seeking to suspend or even revoke a driver’s hack or TLC license based upon even a first offense.
All drivers must be very careful of their language when on the road driving the yellow. Technically, TLC could fine a driver for cursing at another driver at the taxi holds at the airports. The rule is very vague and very broad. Be careful.
Always make sure to consult an attorney or an industry representative to help you defend yourself against these steep penalties. Please be very aware this summer as you drive in the heat, try to keep cool — no bad words. Good luck.
Michael Spevack, Esq. has been a lawyer in the NYC taxi Industy for over a decade. He is available to help with all TLC and DMV problems for a reasonable fee and a free consultation. Call him at 1-866-LAW-MIKE (1-866-529-6453) or visit his website at http://www.trafficticketnyc.com or send him an email at michaelspevack@gmail.com Mr. Spevack thanks you for reading this article which is for entertainment purposes only and does not constitute legal advice. For legal advice, contact Mr. Spevack.
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