§ 57-08 Licensing – Procedures and Causes for Denial.
RCNY § 57-08
(a)Fit to Hold a License – Applicant. The Chairperson will deny the original or renewal License of any Applicant who fails to demonstrate that they are Fit to Hold a License. The Chairperson will inform the Applicant, in writing, of the specific reason(s) for this denial. The decision to deny a license Application is in the discretion of the Chairperson.
(b)Fit to Hold a License – Licensee. If at any time the Chairperson is notified that a Driver no longer meets the requirements for licensure, the Chairperson can deny Driver's renewal application or may seek to suspend or revoke his or her License.
(c)Denial of an Application. The Chairperson can reject or deny a new Application for a License for the reasons specified in this section. If, at the time of submission of an Application by the Applicant, the Chairperson identifies that the Applicant meets the criteria in this section, the Chairperson will reject the Application and no Application fees will be accepted. If the Application is accepted by the Chairperson, no Application fees will be refunded.
(1)Three-Year Ban. The Chairperson can deny an Application if, during the previous three years, the Applicant has committed: (i) Any act, as prohibited by these Rules, of driving a TLC licensed vehicle while impaired by intoxicating liquor (regardless of its alcoholic content), or Drugs.
(ii)Any act, as prohibited by these Rules, of bribery, fraud, material misrepresentation, theft, threat against a person, harassment, abuse, or use of physical force.
(iii)Any act, as prohibited by these Rules, involving the possession of a Weapon in a vehicle licensed under these Rules.
(iv)Any act, as prohibited by these Rules, resulting in the revocation of a prior License, unless the prior License was revoked pursuant to the mandatory penalties set forth in 35 RCNY § 80-02(e).
1.The three-year ban will apply if, while license revocation charges were pending, a prior License expired or was surrendered to the Chairperson.
2.Special Consideration for Persistent Violator Program Revocations. After a minimum of one year from the date the Persistent Violator summons is issued, an Applicant may request a waiver of the three-year ban from the Chairperson. This request can only be made if the Applicant's driving record reflects no more than three points for violations that occurred during the three year period preceding the date of the request for the waiver.
(2)One-Year Ban. The Chairperson can deny an Application if, during the previous one year, the Applicant has committed: (i) More than three traffic Collisions within a single year. The one-year ban will be counted from the date of the last Collision.
(3)Other Reasons for Denial of an Application.
(i)Mistake or Omission in the Application. The Chairperson can deny an Application if the Application includes any material mistake or omission, or if the Applicant fails to inform the Chairperson of any material change in the Application.
(4)Settlements. When settling charges which may result in the revocation of a License, the Chairperson and the Respondent in that proceeding may agree to a ban on applying for a new License different than that provided for in these rules, provided that the agreement is in writing.
(d)Failure to Complete Application Requirements.
(e)Additional Consideration of an Application. If a review of the Application leads the Chairperson to believe that the Applicant may not be Fit to Hold a License, the Chairperson may seek additional information from the Applicant. This request for additional information may be an in-person interview, telephone call, letter, e-mail, or other method of communication. This additional consideration may result in the denial of the Application. Failure to provide any requested information within the time frame requested, or failure to appear at a scheduled interview will result in a denial of the application. (Amended City Record 9/22/2016, eff. 10/22/2016; amended City Record 6/15/2017, eff. 7/15/2017; amended City Record 5/10/2023, eff. 6/9/2023)
