Ali Najmi and Mayor Bill de Blasio Discuss TLC License Suspensions
February 8, 2018
Ali Najmi asks Mayor deBlasio why the TLC is suspending Hack and FHV licenses upon arrest of a driver.
A fundamental principle of the United States of America is the presumption of innocence. An individual is suppose to be innocent until proven guilty. However, if you are a for-hire driver licensed by the New York City Taxi and Limousine Commission (“TLC”) to operate a taxi, livery cab, Uber or any other app based rideshare system you are denied this fundamental right. The TLC automatically suspends a TLC issued license upon arrest, not conviction.
Taxi and for-hire drivers are wrongfully arrested everyday. Unfortunately, they have to wait several weeks or longer before a case can be dismissed or reduced to a non-criminal disposition, at which point they can finally go back to work as a driver. It doesn’t matter whether the arrest was job related or not.
Watch Ali Najmi ask Mayor de Blasio to reconsider an unfair and unconstitutional policy of suspending a taxi and Uber driver’s TLC license upon being arrested.
As per TLC Rule 68-15(d)
Summary Suspension for Criminal Charges.
(1) The Chairperson can summarily suspend a License based upon an arrest or citation if the Chairperson believes that the charges, if true, would demonstrate that continued licensure would constitute a direct and substantial threat to public health or safety. Such charges include but are not limited to the following:
(i) Any arrest for a crime which constitutes a felony;
(ii) Or any arrest or citation for the following offenses:
A. Assault in the third degree, as set forth in PL § 120.00;
B. Reckless endangerment in the second degree, as set forth in § 120.20;
C. Criminal obstruction of breathing, as set forth in § 121.11;
D. Sexual misconduct, as set forth in PL § 130.20;
E. Forcible touching, as set forth in PL § 130.52;
F. Sexual abuse in the third or second degree, as set forth in PL § 130.55 and § 130.60, respectively;
G. Promoting prostitution in the third, second, or first degree, as set forth in PL § 230.25, § 230.30, and § 230.32, respectively;
H. Compelling prostitution, as set forth in PL § 230.33;
I. Sex trafficking, as set forth in PL § 230.34;
J. Public lewdness, as set forth in PL § 245.00;
K. Endangering the welfare of a child, as set forth in PL § 260.10;
L. Criminal possession of a weapon in the fourth degree, as set forth in PL § 265.01;
M. Overdriving, torturing, and injuring animals or failing to provide proper sustenance, as set forth in AGM § 353;
N. Leaving the scene of an accident, as set forth in VAT § 600.2;
O. Driving while ability impaired, as set forth in VAT § 1192.1;
P. Operation of a motor vehicle while intoxicated, as set forth in VAT § 1192.2;
Q. Operation of a motor vehicle with an illegal blood-alcohol content, as set forth in VAT § 1192.3;
R. Driving while ability impaired by drugs, as set forth in VAT § 1192.4.