Tuesday, June 11, 2013

HUT Violations In New York

From time to time, this office will receive a call from an out of state truck driver trying to make sense of the HUT laws.  Unknowingly, a truck driver will cross into New York State and find themselves out of compliance with the law.  If you find yourself in this situation, give our New York Traffic Lawyers a call to see how we can help.  We can be reached at 914-723-7900.
Municipalities Increase Watchful Eye Over HUT Violations

In New York State a HUT (Highway Use Tax) decal is required for any truck, tractor or self-propelled vehicle with a gross weight of 18,000 pounds.

An issue that also comes up frequently with a HUT violation is the AFC certificate requirement. An AFC certificate stands for Automotive Fuel Carrier certificate.  It is required for any truck, trailer, semitrailer, or other attached device transporting automotive fuel with a gross weight of 18,000 pounds.

IFTA is the International Fuel Tax Agreement which New York has opted to join.  A carrier who is falls within the IFTA jurisdiction is required to to have two decals on their vehicle.  Failure to do so can be interpreted as a violation of the law.

Most HUT and IFTA violations are written under Tax Law 1815.  While the vast majority of these violations are traffic infractions, some can be misdemeanors.  In particular, violations under Tax Law 1812-d are deemed a crime.

About Our Firm:  At Villanueva & Sanchala, PLLC we excel at getting New York traffic tickets dismissed or reduced.  We have over 25 years of legal experience and have gained a reputation among our peers as being superb lawyers.  Our team of traffic and criminal defense lawyers is lead by Joseph P. Villanueva.  He is a former prosecutor.  Having a former prosecutor on your side can help in analyzing critical issues in your case.  This can make the difference in you keep your license or having your license suspended or revoked. Call us now 914-723-7900