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.