THE TLC SUSPENSION POLICY
The NYC Taxi and Limousine Commission maintains a unique and uniquely unjust policy of automatically suspending taxi and FHV driver licenses whenever the driver is arrested on any felony charge and for a long list of misdemeanors. The TLC continues the suspension until the criminal charges are favorably resolved in the driver's favor, as they nearly always are.
No other NYC or New York state licensing agency follows this harsh and likely unlawful practice. The origins of the policy are, believe it or not, unknown—but it persists.
The only bright spot in the TLC's harsh plan is that drivers are allowed a post-suspension hearing at which they can argue that the suspension should be lifted. For years, however, these hearings were shame and no driver ever won reinstatement. But thanks to a decision in a federal lawsuit filed by Dan Ackman in 2006 titled Nnebe v. Daus, those post-suspension hearings must now— and a matter of constitutional law— be meaningful and fair. In fact, a large majority of drivers who request a fair hearing after a suspension-on-arrest are reinstated.
Many, perhaps most, suspended drivers are unaware that they now have a very good chance of reinstatement. Others are dissuaded by bad advice or threats that threats that their testimony at a hearing might be used against them later. Thus they do not request the hearing that is their constitutional right. But if you want to maintain your livelihood while an arrest charge is pending, fighting for your rights is the only way.
Call us at 917-282-8178 or e-mail [email protected] to discuss your case.
We can make a difference and get you back on the road.
