NY Tax L § 1815 (2021)
2021 New York Laws TAX - Tax Article 37 - Crimes and Other Offenses, Seizures and Forfeitures Part 3 - Other Taxes 1815 - Highway Use and Fuel Use Taxes.

§ 1815. Highway use and fuel use taxes. - (a) Violations. (1) It shall be unlawful for any person to:  (A)  (i) Use or cause or permit to be used, any public highway in this state for the operation of a motor vehicle subject to the provisions  of article  twenty-one  of  this  chapter  without  first  applying for and obtaining the certificate of registration required under such article or a decal that has been suspended or revoked or  that  was  issued  for  a motor  vehicle other than the one on which affixed. The operation of any motor vehicle on any public  highway  of  this  state  without  a  decal required  under  such  article  shall  be  presumptive  evidence  that a certificate of registration or decal has  not  been  obtained  for  such motor vehicle;  (ii)  Use  or  cause  or permit to be used, any public highway in this state for the operation of a qualified  motor  vehicle  subject  to  the provisions  of  article  twenty-one-A  of  this  chapter  without  first obtaining the license and decal required pursuant to such article or  to carry  or cause or permit to be carried upon any qualified motor vehicle a license or decal which has been suspended  or  revoked  or  which  was issued  for  a  qualified  motor  vehicle  other  than  the one on which carried. The operation of any qualified  motor  vehicle  on  any  public highway  of  this  state  without  carrying thereon the license or decal required under such article shall be presumptive evidence that a license or decal has not been obtained for such qualified motor vehicle;  (B) Operate, or cause or permit to be operated, on any public  highway any  motor  vehicle  subject  to the provisions of article twenty-one of this chapter having an actual gross or unloaded weight in excess of  the gross  or  unloaded  weight set forth on the certificate of registration issued for such motor vehicle;  (C) Fail to deliver  or  surrender,  pursuant  to  the  provisions  of article  twenty-one  or  twenty-one-A  of  this  chapter  or any rule or regulation  promulgated  by   the   commissioner,   a   certificate   of registration  or  license  or  decal to such commissioner, or any person directed by such commissioner to take possession thereof;  (D) Fail to keep records of operations of motor vehicles or  qualified motor vehicles as the commissioner shall prescribe;  (E)  Violate any other provision of article twenty-one or twenty-one-A of this chapter or any rule or regulation promulgated thereunder.  (2) Any person who violates any provision of this subdivision, upon  a first conviction shall be subject to a fine of not less than one hundred dollars  or  more  than  two hundred fifty dollars; and upon a second or subsequent conviction to a fine of  not  less  than  two  hundred  fifty dollars  or  more  than  five hundred dollars or by imprisonment for not more than ten days. Except as otherwise provided by law such a violation shall not be a crime and the  penalty  or  punishment  imposed  therefor shall  not  be  deemed  for  any  purpose a penal or criminal penalty or punishment and shall not impose any disability upon or affect or  impair the  credibility  as  a  witness,  or otherwise, of any person convicted thereof.  (3) For the purposes of conferring jurisdiction upon courts and police officers, and on the officers specified in subdivision four  of  section 2.10  of  the criminal procedure law and on judicial officers generally, such violations shall be deemed traffic infractions and for such purpose only all provisions of law relating to traffic infractions  shall  apply to  such  violations;  provided, however, that the commissioner of motor vehicles, any hearing officer appointed by him,  or  any  administrative tribunal  authorized to hear and determine any charges or offenses which are traffic infractions shall not have jurisdiction of such infractions.  (4) Upon the conviction of any person for a violation of  any  of  the provisions  of  this  subdivision,  the trial court or the clerk thereof shall within forty-eight hours certify the facts  of  the  case  to  the commissioner  and  such certificate shall be presumptive evidence of the facts  recited  therein.  If  any such conviction shall be reversed upon appeal therefrom, the person whose conviction has been so  reversed  may serve  upon  the  commissioner a certified copy of the order of reversal and the commissioner shall thereupon record the same.  (b) An official weigh slip or ticket issued and certified by any truck weigher in the employ of the department of transportation or by any duly licensed weight master shall constitute  prima  facie  evidence  of  the information  therein  set  forth  and  of  the  operation of the vehicle therein described upon a public highway and shall be  admissible  before any court in any violation proceeding or criminal proceeding.