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This entry was published on 2014-09-22
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SECTION 1815
Highway use and fuel use taxes
Tax (TAX) CHAPTER 60, ARTICLE 37, PART 3
§ 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.