Taxi & Limousine Commission (TLC) v



Taxi and Limousine Commission v. Glenroy A. Campbell, Appeal # 5145798

BACKGROUND

The New York City Taxi & Limousine Commission (“Commission”) filed an appeal of the decision of Administrative Law Judge (“ALJ”) Eileen Caulfield, dated April 24, 2007, wherein the ALJ dismissed a Rule 6-15A1[1] charge that was issued in connection with summons number 1126287A, because the ALJ found that the respondent “pu in Mt. Vernon for drop off Bronx. He did not need a TLC license because he was not operating point to point within 5 boros.”

On May 15, 2007, pursuant to Rule 8-13C, the Commission filed an appeal requesting that the ALJ’s decision dismissing the Rule 6-15A1 violation be reversed and the matter remanded for a hearing. On appeal, the Commission argues that the ALJ erred in dismissing the Rule 6-15A1 violation “since it was a drop-off in New York City, he had to be licensed by either New York City or Westchester.”

Respondent did not file a response to the Commission’s appeal.

ANALYSIS

The ALJ erred in finding that a TLC license was not required to pick up passengers by pre-arrangement at any location outside New York City (City) for travel to a destination inside the City because the respondent was not operating point to point within the 5 boroughs of the City.

On November 16, 2006, the Commission, by unanimous vote, adopted reciprocity provisions to implement the Inter-Jurisdictional Pre-Arranged For-Hire Vehicle Operation Act of 2006,[2] that became effective on November 14, 2006. These rules were promulgated “to qualify the City of New York for reciprocity, thereby entitling for-hire vehicles and drivers licensed by the New York City Taxi & Limousine Commission to… pick up passengers in Westchester for travel to New York City.” Specifically, Rule 6-27A3 provides that “a driver holding a current valid issuing jurisdiction driver’s license issued by a qualified jurisdiction shall be eligible for reciprocity…provided that…such driver’s issuing jurisdiction driver’s license is neither suspended nor revoked…” Thus, vehicles licensed by the Commission (or the Westchester TLC) may engage in inter-municipal transportation of passengers between Westchester County and the City of New York if operated by a driver with a current, valid operator’s license issued by the Commission (or the Westchester TLC).

DECISION

Accordingly, with regard to the finding of violation of Rule 6-15A1 issued in connection with summons number 1126287A, the decision is reversed. The Rule 6-15A1 violation is hereby reinstated and remanded, pursuant to Rule 8-13D, for a new hearing.

Dated: March 4, 2008

Charles R. Fraser

Deputy Commissioner for Legal Affairs

By: D. Rivers

Administrative Law Judge, Appeals Unit

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[1] Operating a for-hire vehicle without a TLC license and affiliation with a licensed base.

[2] Vehicle and Traffic Law §498.

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