⚖ Violation Reference
Smoking on Subway / MTA Property
NYC Administrative Code § 17-503; MTA Rule 1050.7 · Transit
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Overview
Smoking tobacco, cannabis, or any substance on the subway platform, subway car, station mezzanine, or MTA bus. MTA rules and NYC Admin Code both prohibit smoking on transit. Transit Bureau officers, MTA Police, and NYPD can issue summons.
Fine Range
$50–$250
Surcharge
Varies
How to Contest
- Contest at OATH if civil summons
- Appear in court if criminal summons
- Challenge whether substance was actually lit/burning
Common Defenses
- Substance was not lit / no actual smoking occurred
- Unlit cigarette / cigar in hand does not constitute 'smoking'
- Outside the restricted area at the time
Legal Information Only. This reference is sourced from publicly available NYC/NYS law. It is not legal advice and does not create an attorney-client relationship. Consult a licensed attorney before taking any action on a legal matter. Need representation? Find an attorney →