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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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Without being too specific regarding my actual cases I'd like to tell anyone out there that David and Seth are both amazing lawyers who care about their clients. They have both gone to bat for myself and my now wife...multiple times, with more than expected results each and every time. Again, without being too open about matters, we all make mistakes, when I was younger I had the unfortunate experience of receiving a DWI, David handled my case, in the end, though a hefty fine, which you would expect, it was dismissed, the court at that time didn't even know how to handle it because it had never been done before. Again, unfortunate, an assault charge due to a bar fight involving the woman who is now my wife, Seth handled this and the result was an ACD. I have also referred someone close to David due to them receiving a DWI...a third DWI, involving an accident, again David got results that were outstanding. Fast-forwarding many years, David has still made himself available to me when called on. I have recently asked for a personal letter to a judge regarding a character reference and again, David has pulled through, made himself available and assisted me. I can't say more about David and Seth, they're two very well known, very smart, very capable lawyers who have helped me through some rather dark times, sometimes I wonder how I don't have a record, it's because of these two guys. Would never recommend anyone else.

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