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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 was gifted with a 80 in a 55 . Being a CDL I could not afford the points that come with that kind of ticket. Long story short ticket was dismissed . Very happy with the result

Take it from a Fellow Attorney, Seth Azria is wonderful and gets the job done.

I am an attorney working in the lower Hudson Valley. I had an unfortunate brush with the law on my birthday of all days! which resulted in my receipt of a speeding ticket en-route to a wedding in Buffalo. I'd never had any other infractions on my record and this offense is certainly not an area in which I specialize. I was very upset and worried but immediately upon calling Mr. Azria all of my fears and concerns melted away. Mr. Azria was able to plead my ticket down to a minor violation with no points and a small fee to the Court. Mr. Azria was quick, efficient and responsive. I never had a moment of worry that my case was being neglected. Mr. Azria and his team answered any questions that I had and kept me informed throughout the process. I could not have asked for a better team in my corner and you can't beat the price. You would have thought that I spent a small fortune for the quality of service that I received. Take it from me, Mr. Azria is the attorney you want representing you.

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I hired David Bruffett based upon his internet advertisement's claim to relieve my stress over my ticket. He talked me through the options that were available to us as well as giving me an education into the idiosyncrasies of New York traffic law. By the end of the case he had achieved the best outcome possible. While I personally hope to never need his services again I will call him immediately should the need arise and would recommend him to my friends and family if they need the services of a lawyer.

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