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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 contacted the office after receiving a speeding ticket. I was informed of my options and the likelihood of various outcomes and retained the services of the Azria office. The entire process was seamless and I was informed of the progress of the proceedings every step of the way. In the end, the case was reduced to a non moving violation. I would highly recommend the firm.

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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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Can't say enough good things about Seth Azaria and his firm. I called around to several different law offices for a consult on my ticket and Seth was the best price hands down. Not only was it a good value but the legal service was top notch. Seth was able to get my 4pt ticket down to 0 points and the fine down to 25% of what it originally was. Great communication from the office all the way through the process. Would go back to Seth 10/10 times