Eternally Ready Alliance

TLC violations · 35 RCNY § 80-14(g)

Cell phone / electronic device while driving

Fine
Up to $350
Points
3, or 4 for a third within 15 months
Worst case
Suspension, delayed 60 days. Take the course and it never happens

TLC’s phone rule is stricter than the regular traffic law.

“Use” includes having a hands-free device in or near your ear. You do not have to be holding the phone or touching the screen. You can only use a device while the vehicle is lawfully standing or parked.

There is a narrow exception for FHV and street-hail livery drivers. A short, dispatch-related exchange with your base, on a fixed-mounted device or two-way radio, using voice or one-touch controls. A passenger app running on a mounted tablet is also not “use.”

What it costs

FineUp to $350 each time
Points3 for a first or second. 4 for a third within 15 months
SuspensionGiven, but held off for 60 days. Finish the Distracted Driving course in that time and it never takes effect

The course is required after any conviction, whether or not you got the deferral. Miss the 60 days and your licence is suspended until you finish it.

Why this matters more than the fine

Three points from one summons is halfway to a suspension, which starts at 6 points in 15 months.

Two phone tickets and one moving violation can stop you working for a month.

That arithmetic, not the $250, is why these are worth fighting.

Which case is which

One incident, two outcomes.

The DMV ticket goes to the Traffic Violations Bureau. An attorney can appear there as of right. Anyone else only if the judge allows it, so we do not take TVB cases.

The TLC summons goes to OATH, where a registered representative can appear for you. That is the case we take, and it is the one carrying your TLC points.

See the speeding and moving violations guide for the full split.

General information, not legal advice. Eternally Ready Alliance is not a law firm and Luigi Rojas is not an attorney; we act as a TLC industry registered representative before the OATH Hearings Division. Penalty amounts come from 35 RCNY Chapter 80 and can change, and the rulebook controls, not this page.

Send it over.

A photo of the summons or your licence is enough to start.