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.

Ad Loading...

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.

"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.”

Ad Loading...

“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

ATA President Chris Spear.
Fleet Managementby Jack RobertsMarch 17, 2026

ATA’s Spear Warns Fuel Prices, Trade Policy, and Global Conflict Could Stall Trucking Recovery

Speaking at the TMC Annual Meeting in Nashville, ATA President Chris Spear said trucking faces mounting pressure from rising fuel prices, geopolitical instability, and uncertainty around trade policy.

Read More →
Illustration of author headshot with black-and-white old-fashioned rig in the background

New Entrants, Chameleon Carriers, and Safety: Is It Too Easy to Start a Trucking Company?

More than 100,000 new trucking companies enter the industry each year, but regulators manage to audit only a fraction of them. That churn creates opportunities for inexperienced startups — and for “chameleon carriers” that shut down after safety violations and reappear under new identities. Read more from Deborah Lockridge in this commentary.

Read More →
Panel discussion
Fleet Managementby Deborah LockridgeMarch 12, 2026

Fleet Managers Invited to Apply for Exclusive HDT Exchange Event

HDTX is an intimate event that connects heavy-duty trucking fleet managers with industry suppliers through small-group discussions, educational sessions, and structured one-on-one meetings.

Read More →
Ad Loading...
DAT iPhone Widget.
Fleet Managementby News/Media ReleaseMarch 12, 2026

DAT Launches iPhone Widget to Help Owner-Operators Find Loads Faster

New DAT One feature shows top-paying loads directly on an iPhone’s home screen, helping carriers react faster to spot-market opportunities.

Read More →
Optimal Dynamics Scale screen shot
Fleet Managementby News/Media ReleaseMarch 12, 2026

Optimal Dynamics Launches AI System to Help Carriers Choose Better Freight

Optimal Dynamics says its new Scale platform uses AI agents and optimization to help carriers find and secure freight that improves network balance and profitability.

Read More →
DAT March 2026 trucking conditions.
Fleet Managementby Jack RobertsMarch 12, 2026

DAT: Flatbed Demand Climbs as Van and Reefer Rates Soften

DAT Freight & Analytics data shows tightening flatbed capacity, easing produce markets, and softening van and reefer rates.

Read More →
Ad Loading...
YouTube thumbnail with Mike Roeth of NACFE saying "NACFE's Messy Middle: Which Fuel Wins?"
Fuel Smartsby Deborah LockridgeMarch 11, 2026

Run on Less “Messy Middle” Data Shows Multiple Paths Forward for Truck Powertrains [Watch]

NACFE's Run on Less - Messy Middle project demonstrates the power of data in helping to guide the future of alternative fuels and powertrains for heavy-duty trucks.

Read More →
Illustration of crowded New York street overlaid with dollar signs
Fleet Managementby Deborah LockridgeMarch 11, 2026

Federal Court Lets NYC Congestion Pricing Continue

A federal court ruling allows New York City’s congestion pricing program to continue, leaving truck tolls in place for fleets delivering into Manhattan.

Read More →
Fontaine Modification Access365
Fleet Managementby News/Media ReleaseMarch 10, 2026

Fontaine Modification Launches Real-Time Truck Modification Tracking Portal

Fontaine Modification has introduced a new customer portal designed to give fleets real-time visibility into the truck modification process, addressing one of the most common questions fleet managers face: “Where’s my truck?”

Read More →
Ad Loading...
FTR Tucking Conditions March 2026.
Fleet Managementby Jack RobertsMarch 10, 2026

FTR: Trucking Conditions Index Climbs to Highest Level Since 2022

Strong freight rates, rising volumes and tighter capacity push trucking conditions higher, though diesel prices could temper gains in the near term, FTR cautions.

Read More →