TORONTO, Ont. — In late January, New York State’s Supreme Court ruled as unconstitutional the highway-use registration and decal fees imposed on all trucks that operate in the New York State. The rule was the resolution to a class action suit filed in 2013 by the Owner-Operator Independent Drivers Association and others.
In the case, lawyers for the plaintiffs argued that in addition to a pay a per-mile fuel tax, New York State required operators, both in and out-of-state, to pay a $15 per vehicle registration fee and a $4 decal fee regardless of the number of miles they travel in New York State. This resulted in a higher per mile tax rate being imposed on out-of-state trucks, the layers said.
Now, the OTA has learned of some new developments.
OSCAR (the state’s application Web site for HUT) was shut down immediately after the ruling but will soon be in order for New York-plated vehicles only, which are expected to continue being charged the $19 in fees by the state.
Due to the ruling, out-of-state vehicles will not be charged an actual fee, but new vehicles ill still have to be filed for OSCAR by mail.
OTA said that it understands the challenges of getting new vehicles registered by mail in a timely manner and is working with the New York State Motor Truck Association to discuss with state government officials the possibility of alternate registration methods – as well as seeking clarity on other issues, such as how the state on-road enforcement will be reacting to out-of-state vehicles that are waiting for new HUT decals.
The association said it will update carriers as soon as details become available.