OOIDA suit against out-of-state users fees granted class-action status.
In what very well might be the first step in owner operators receiving refunds or other forms of relief New York State has granted the Owner-Operator Independent Drivers Association (OOIDA) class-action certification. The case stems from registration and decal fees imposed on out of state trucks. New York charges $15 registration fees per vehicle subject to Highway Use Tax (not subject to tolled portions of the New York State Throughway). Starting in 2013 the state required an additional decal at $4 a pop. Failure to pay became a traffic infraction. I.e. taxes for the state.
Not surprisingly this did not sit well with the OOIDA, so last October they filed suit claiming that the trucks that are owned/operated outside of New York log fewer miles in state while being subject to a higher tax rate per mile. A violation of the federal commerce clause. Almost a year after the suit was filled Thomas McNamara, acting justice of the Albany County Supreme Court granted OOIDA’s motion.