2023 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.