Lawsuit Against New York Truck Taxes Given Class Action Status

September 9, 2014

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A lawsuit filed against New York highway taxes has been given the green light to proceed as a class action.

The case was filed nearly a year ago by the Owner-Operator Independent Drivers Association and four of its members against the New York State Department of Taxation and Finance.

It challenges the constitutionality of taxes that impose $15 for a certificate of registration and a $4 decal charge on all trucks using New York state highways, according to the OOIDA website

The taxes are imposed not only on New York-based trucks, which the suit claims are driven proportionately higher miles in New York, but also on trucks based outside of New York, which are driven mostly in states other than New York, resulting in a higher per mile tax rate being imposed on out-of-state trucks.

Failure to pay on a timely basis can result in fines, interest, penalties, and seizure of property, according to the suit.

OOIDA claims this constitutes an undue burden on interstate commerce in violation of the Commerce Clause of the U.S. Constitution. 

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