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New York Highway Use Tax Violations

by Seth Azria on 8/13/2016

Carriers operating a commercial vehicle on New York public highways are subject to a New York Highway Use Tax Law.

This law requires that vehicles have a Highway Use Tax (HUT) decal indicating compliance with the law. Failing to have this decal creates a presumption that the vehicle is not in compliance with the law.

Violations of Section 1815 are punishable as follows:

  • First conviction: Fine between $100 and $250
  • Second and subsequent convictions: Fine between $250 and $500, or jail for up to 10 days

A driver may also be deemed to violate Section 1815 if the driver:

Operates a vehicle with a decal that been suspended or revoked or if the decal was issued for vehicle other than the one which it is affixed.

  • Operated a vehicle with a an actual gross weight or unloaded weight above that listed for the on the HUT certificate.
  • Fails to deliver to surrender the certificate of registration or decal.
  • Fails to keep required records of operation.

For more information: https://www.tax.ny.gov/pubs_and_bulls/tg_bulletins/hut/enforcement_provisions.htm

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I had gotten an extremely high speeding ticket when I drove upstate for the first time. I'm 18 and have had my license for about a year, so my mother and I thought it would be a good idea to hire an attorney. It was a holiday weekend, so I was surprised when David Bruffett answered our call on Presidents' Day. I'm so thankful he did. He's did an amazing job getting my speeding ticket reduced. He instructed my on what to do to increase my chances to reduce as many points as possible. He was honest when telling us what our outcome would most likely be, however, the outcome exceeded our expectations. He and his staff were very professional and supportive. David had always made himself available to answer our calls.

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I received a "move over" violation in August. After reading many on-line reviews, I contacted D. Bruffett. The paralegal, Shannon, was very helpful and friendly. I had a comprehensive call with D. Bruffett on the same day and he told me what the best outcome could be. Within 2 days, Shannon had gone over all the material I had sent and within a month an agreement was reached with the court as per David's original proposal. Am very happy with the service and efficiency...

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Seth and Monica are amazing together working to help me with my ticket in upstate NY. They are very attentive, understanding, and willing to give detailed explanations of the process from start to finish. Great results. Seth puts his clients first, which is an amazing thing in today's world. I will use Seth for any issue in NY.

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