Special Procedures – Seizures.
35 RCNY § 68-17
in effect§ 68-17 Special Procedures – Seizures.
(a) Right to Seize Vehicle.
1. The Commission and/or any police officer may seize any vehicle where:
(A) Probable cause exists to believe that the vehicle is being operated in violation of § 19-506(b), (c), or (k) of the Administrative Code, or is being operated as a Commuter Van without Authorization; and
(B) At the time of the stop, the Owner has at least one prior violation of § 19-506(b), (c), or (k) of the Administrative Code in the past 36 months (or in the case of an Owner of a Commuter Van, one prior violation for operating a Commuter Van without Authorization in the past five years), thereby making the vehicle potentially subject to forfeiture according to 35 RCNY § 68-18.
2. The driver and all passengers in a seized Commuter Van will be left in or transported to a location that is readily accessible to other means of public transportation.
3. Any vehicle that has been seized will be taken to a designated secured facility.
(b) Procedure After Seizure.
1. The officer or representative of the Commission seizing the vehicle will serve a summons for Unlicensed Activity and a notice of seizure of the vehicle by service upon the Owner or any person who is operating the vehicle with the permission of the Owner, express or implied, at the time of seizure. The notice of seizure will include, but not be limited to, the following information:
(A) Identification of the seized vehicle;
(B) Information concerning these regulations, including the facts TLC must prove in order to retain possession of the vehicle pending forfeiture;
(C) The designated secured facility to which the vehicle was or will be taken.
2. The summons against the Owner will set a date and time for a hearing at the Taxi and Limousine Tribunal at OATH to take place no later than 5 business days following seizure of a vehicle.
3. An officer or representative of the Commission will also mail the notice of seizure and a copy of the summons to the Owner of the seized vehicle, as listed in the records of the Department of Motor Vehicles (or equivalent agency) in the state in which the vehicle is registered.
(A) The notice of seizure and copy of the summons will be mailed to the Owner of a seized Commuter Van within 1 business day.
(B) Any defect in delivery or mailing of the notice of seizure and copy of the summons will not affect the validity of service of a summons served upon the Owner in accordance with paragraph (1) of this subdivision.
4. For purposes of this section, the term Owner means:
(A) An Owner as defined in section 128 and section 388 of the Vehicle and Traffic Law, unless the vehicle is a Commuter Van;
(B) If the vehicle is a Commuter Van, the term Owner when used in this section means an Owner as defined in subdivision (i) of § 19-502 of the Administrative Code.
(c) Hearing on Unlicensed Activity.
1. The hearing against the Owner will be conducted at the OATH Hearings Division according to the procedures in 48 RCNY Chapter 5 within five business days following a seizure. At the hearing, a determination will be made on the following:
(A) Whether the Owner engaged in the Unlicensed Activity alleged in the summons.
(B) If the Owner is found to have engaged in such Unlicensed Activity, then:
(i) Whether the Owner has two or more violations of § 19-506(b), (c), or (k) of the Administrative Code in the past 36 months or two or more violations for operating a Commuter Van without Authorization in the past five years; and
(ii) Whether it is necessary that the vehicle remain impounded pending i a judgment of forfeiture.
2. A determination in a case of Unlicensed Activity with a Commuter Van will be issued within 1 business day of the conclusion of the hearing or Default.
3. If a new hearing is required (e.g., because a default decision has been vacated) and TLC continues to maintain possession of Owner's vehicle, the hearing must be held no later than 14 days after the decision triggering the new hearing.
(d) Hearing Decision.
(1) Not Guilty Finding. If the Taxi and Limousine Tribunal at OATH finds that the charge of Unlicensed Activity has not been sustained, the vehicle will be released to the Owner. The Owner will be responsible for any storage fees that accrue after one full business day following the date of the order of vehicle release.
(2) Guilty Finding. If the Taxi and Limousine Tribunal at OATH finds that the vehicle has been engaged in Unlicensed Activity, and:
(A) TLC has met all the requirements of 35 RCNY § 68-17(c)(1)(B), TLC will retain the vehicle and commence a forfeiture action according to 35 RCNY § 68-18.
(B) TLC has not met the requirements of 35 RCNY § 68-17(c)(1)(B)(i), TLC will release the vehicle to the Owner upon payment of applicable penalties. The Owner will be responsible for any storage fees that accrue after one full business day following the date of the order of vehicle release.
(C) TLC has not met the requirements of 35 RCNY § 68-17(c)(1)(B)(ii), TLC will release the vehicle to the Owner upon payment of applicable penalties and all removal and storage fees.
(e) Appeal.
(1) If the determination required by 35 RCNY § 68-17(c)(1)(A) or 35 RCNY § 68-17(c)(1)(B)(i) is reversed, the Owner will be responsible for any storage fees that accrue after one full business day following the date of the order of vehicle release.
(2) If the determination required by 35 RCNY § 68-17(c)(1)(B)(ii), is reversed the vehicle will be released to the Owner upon payment of applicable penalties and all removal and storage fees.
(f) Declaration of abandonment.
(1) Recovery Period. If an Owner has not tried to reclaim a seized vehicle within 120 days after receiving an order of vehicle release from the Commission, or within 120 days after being served notice of a final determination in the Owner's favor, whichever is sooner, the vehicle will be declared abandoned.
(2) Disposing of Vehicle. An abandoned vehicle will be disposed of by the City or its agent according to section 1224 of the NYS Vehicle and Traffic Law. If an Owner seeks to reclaim the abandoned vehicle under section 1224, the Owner will be deemed to have made a written demand for the vehicle and the Commission will take whichever action is authorized by this section.
(A) In the event that a vehicle has been deemed abandoned, the Commission or its agent will:
(i) Mail notice to the Owner and any Secondary Owners that the vehicle has been declared abandoned and that, unless claimed within 10 days of the mailing date of the letter, the vehicle will become the property of the Commission and will be sold.
(ii) The Owner or any Secondary Owner can claim the vehicle by paying the removal and storage fees due and, in the case of the Owner, the civil penalty claimed that is now a lien on the vehicle.
(iii) If the vehicle is not claimed within the allotted time, the Commission or its agent can sell the vehicle by public auction or by bid.
(B) Disposition of the Proceeds from the Sale of the Vehicle.
(i) Proceeds from any sale, minus expenses incurred for removal, storage and sale of the vehicle and minus the civil penalty lien, will be held without interest for the benefit of the former Owner of the vehicle for 1 year.
(ii) If these proceeds are not claimed within the 1-year period, they will be paid into the City's general fund.
(Amended City Record 6/30/2016, eff. 7/30/2016; amended City Record 9/22/2016, eff. 10/22/2016; amended City Record 6/15/2017, eff. 7/15/2017; amended City Record 10/12/2018, eff. 11/11/2018; amended City Record 2/2/2023, eff. 3/4/2023)
Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-72592Fetched: 10/24/2026