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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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The office staff was pleasant and efficient, and put me right through to Attorney Azria. He explained the process with perfect clarity and went to work. Although he explained the process could take 4-6 weeks he resolved the issue in 10 days, reducing the violation to a non-moving violation with a small fee and no points. His price was more than fair.

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