THE TLC CRITICAL DRIVER PROGRAM

In 1999, as part of the TLC's agenda to strengthen its enforcement and regulatory powers, Local Law 20 was passed by the New York City Council. This law amended the administrative code of the city of New York in providing stricter standards and penalties in relation to conduct of TLC licensees.

In furtherance of this law, the TLC promulgated its own rules and regulations, including, but not limited to, the following:

Each of these initiatives has dealt a harsh blow to drivers and owners in the Taxi and Livery industry - a severe shortage of licensed for-hire vehicle operators and fewer cabs actively working the street.

This week, I will focus on the Critical Driver Program (hereinafter referred to as "CDP"); its requirements, TLC's policy of enforcement, and the resultant penalties for violations. CDP is enforced against all licensee vehicle operators - yellow cab and livery.

In A Nutshell:

1. The accumulation of six (6) or more DMV points in ANY fifteen (15) month period after 2/15/99, will result in a mandatory thirty (30) day suspension of your hack license.

2. The accumulation of ten (10) or more DMV points in ANY fifteen (15) month period after 2/15/99, will result in a mandatory revocation of your hack license.

3. REMEMBER - ANY fifteen (15) month period - not just the preceding fifteen (15) month period.

4. The points are counted from the date of violation, not date of conviction.

5. The fifteen (15) month period is calculated counting back from the most recent violation.

6. Successful completion of a DMV-certified Defensive Driving Course can reduce the point total by two (2), not four (4).

7. A two (2) point reduction can only be applied once in any eighteen (18) month period.

8. The two (2) point reduction can only be applied to points accumulated prior to the completion of the course.

9. The two (2) point reduction credit for successful completion of a defensive driving course will only be given if the TLC deems your participation in the course as "voluntary."

The Reality:

Points for violations that are no longer on your DMV record [older than eighteen (18) months] are still counted towards TLC CDP points.

A Few startling examples: You have two speeding violations totaling twelve points dating back to April and May of 1999-you have not received any summonses in 2000, 2001, and 2002 - even with credit for a two (2) point reduction, your hack license will be revoked in 2002.

You have two speeding violations totaling ten points dating back to April and May of 1999-you have not received any summonses in 2000, 2001, and 2002 - however, although eligible to take a defensive driving course, you do not take it until after you receive notification from TLC that you have accumulated ten or more points - instead of a two (2) point credit which would result in a thirty (30) day suspension for eight (8) points, no credit is given and your hack license will be revoked in 2002. Participation in a defensive training course after receipt of TLC notification of points is not deemed voluntary.

You have two speeding violations totaling ten (10) points dating back to April and May of 1999-you also have a violation January 15, 2002. The fifteen month count back period runs from January 15, 2002 to October 15, 2000. The newest violation is for five (5) points. You are not suspended and not revoked.

Bottom Line:

Take defensive driving every eighteen (18) months. Do not plead guilty to your DMV violations just because it's quicker, and cheaper. The TLC price you pay is exorbitant. It can cost you your hack license.