Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

Court Peels Back New York’s Highway Use and Decal Fees

New York State’s Supreme Court has ruled as unconstitutional the highway-use registration and decal fees imposed on all trucks that operate in the Empire State.

David Cullen
David Cullen[Former] Business/Washington Contributing Editor
Read David's Posts
February 3, 2016
Court Peels Back New York’s Highway Use and Decal Fees

 

2 min to read


Image: New York State Department of Taxation and Finance

New York State’s Supreme Court has ruled as unconstitutional the highway-use registration and decal fees imposed on all trucks that operate in the Empire State.

The decision, handed down on Jan. 22, resolved a class action suit filed back in 2013 by the Owner Operator Independent Drivers Association and individual operators.

Ad Loading...

The Culllen Law Firm, PLLC, Washington, D.C., which represented the plaintiffs, stated that “In addition to requiring trucks to pay a per-mile fuel tax, New York State has required operators to pay a $15 per vehicle registration fee and a $4 decal fee. These registration and decal taxes apply equally to in-state and out-of-state operators, regardless of the number of miles they travel in New York State.  In its ruling, the Court held that the taxes violate the Commerce Clause of the U.S. Constitution by discriminating against out-of-state operators.”  

Along with permanently enjoining the State of New York from collecting any more of the fees, the law firm said the court directed the parties to submit briefs within 60 days addressing issues pertaining to the calculation and administration of refunds to class members.

The Cullen Law Firm estimated that the amount of refunds could exceed $30 million.

Ad Loading...

"The Court's ruling vindicates the constitutional rights of thousands of truck owner-operators, who should be reimbursed by the State of New York for all registration taxes they have been required to pay in violation of the Constitution," said Daniel E. Cohen, lead counsel for the class, in a press release issued by the law firm.

In its news release on the ruling, OOIDA said that it “held that trucks owned and/or operated outside of New York travel fewer miles on New York highways than trucks owned and/or operated in New York. The imposition of the challenged taxes results in a higher per mile tax rate being imposed on out-of-state trucks.”

“A number of similar tax cases were fought against states back in the '80s and '90s and the states lost every one of them,” said OOIDA President and CEO Jim Johnston. “Given that history, we were shocked that New York even thought they could get away with this unconstitutional tax.

“The amount for the New York HUT/decal is $19, which is not huge,” he added. “But if other states were to implement this tax, it would be huge – collectively and in administrative costs.”

More Fleet Management

Illustration of a chalkboard with a hand drawing an arrow curving away from a partially erased straight arrow with the words "Embracing Change," the Heavy Duty Trucking Logo and the "cover feature" graphic.
Fleet Managementby Deborah LockridgeAugust 1, 2026

How Innovative Trucking Leaders Turn Change Into an Advantage

As the pace of change accelerates in trucking, the fleets that adapt best have more than the latest technology. They have cultures that embrace improvement.

Read More →
Illustration of past due invoices with red X on top with background of a truck at a loading dock
Fleet ManagementJuly 27, 2026

Freight Broker Bonds Just Got Harder to Get. Here's What That Means for Your Fleet.

When it gets harder for a freight broker to prove they are financially sound, the ones who cannot clear that bar get pushed out of the market. And those are exactly the brokers who used to leave motor carriers holding the bag.

Read More →
Photo of cable bridge crossing Detroit River
Fleet Managementby Deborah LockridgeJuly 23, 2026

Long-Awaited Canadian Border Bridge to Open in Detroit

For trucking, the bridge opening should offer immediate improvements in efficiency and reliability, with new customs facilities, expanded inspection capacity, and direct freeway-to-freeway connections.

Read More →
Ad Loading...
Blue International heavy-duty truck with Aurora driverless truck software coming head-on on an interstate highway
Equipmentby Deborah LockridgeJuly 22, 2026

Aurora Rolls Out Next Generation of Driverless Trucks for Commercial Freight

Aurora's latest autonomous trucks it's rolling out with International feature lower-cost hardware designed for a million miles as the company expands commercial driverless freight operations across the U.S. Sun Belt.

Read More →
American Trucking Associations for-hire tonnage graph
Fleet Managementby Deborah LockridgeJuly 21, 2026

Freight Tonnage Down, Rates up, as Lower Capacity Powers Trucking Recovery

The recovery from the freight recession continues to be driven by reduction in capacity rather than by increased demand.

Read More →
Cyberstop column header depicting images of ChatGPT prompt on a smartphone and shadowy hooded figure
Fleet Managementby Ben WilkensJuly 17, 2026

Think Your Trucking Fleet Isn't Using Much AI? Think Again

Shadow AI — the use of unauthorized artificial intelligence tools at work — is becoming increasingly common, putting sensitive company data at risk. Learn how trucking fleets can protect sensitive data while embracing AI.

Read More →
Ad Loading...
Photo of semi trucks with Panther, ArcBest, and ABF trailers backed up to docks, with ArcBest logo superimposed on top
Fleet Managementby Deborah LockridgeJuly 17, 2026

ArcBest Consolidates Brands, Cuts Workforce

The company will bring three business units under the ArcBest brand, eliminate about 2% of positions, and expects the changes to generate $40 million in annual savings.

Read More →
Cover of ATRI operational costs study with graph clip art and photo of trucks on highway in the background
Fleet Managementby Deborah LockridgeJuly 15, 2026

Trucking Fleets Faced Record Operating Costs During Third Year of Freight Recession

ATRI's annual operational cost report shows carriers trimmed fleets, delayed equipment purchases, and ran older trucks as expenses continued to outpace freight rates.

Read More →
Micheline AI Assistant.

Michelin Adds AI Assistant to MyConnectedFleet Platform

Michelin’s new generative AI tool delivers instant fleet insights, helping managers analyze fuel use, tire maintenance, vehicle status, and operational performance without manually creating reports.

Read More →
Ad Loading...
LytxOne Platform.

LytxOne Platform Now Features AI, Compliance, and Asset Tracking Tools

New enhancements add AI-powered insights, asset tracking, compliance automation, and configurable privacy controls to Lytx's all-in-one fleet management platform.

Read More →