New York to issue refund cheques to out of state carriers
Carriers who have previously or are currently registered with the state of New York’s Highway Use Tax (HUT) and who reside out of state have started to receive notices in the mail in regards to a court settlement. This notice says that the New York State will issue refund cheques to out of state carriers based on their NY HUT registration in the years between June 1, 2009 and March 8, 2016.
In 2013 the Owner-Operator Independent Drivers Association (OOIDA) filed suit against the State Of New York challenging the constitutionality of the registration and decal fees charge by the state for their Heavy Use Tax. Carriers were required to pay $15 registration fee and a $4 decal fee. On January 22, 2016, the OOIDA won their case and the courts have just reached a settlement to repay those fees back to carriers and owner-operators. What this means to out of state carriers and owner-operators is that they will see a cheque reimbursing them some of those fees.
New York HUT registration works a series of years, the Series to be refunded is 20, 21 and 22. After all court, lawyer and other costs are deducted carriers can expect to get back the following:
Series 20 $12.11 per truck
Series 21 $13.15 per truck
Series 22 $11.55 per truck
Carriers will receive one payment covering all applicable Series refunds for all vehicles.
Carriers who paid for their own use
Carriers who paid and used all NYHUT credentials for their own use will have nothing further to do once they received their refund, deposit the money and you are done.
Carriers who charge back owner-operators
The court order makes it clear that carriers may only keep the portion of funds they themselves paid and used on their own behalf. If owner-operators or other entities were charged back, carriers must forward those applicable payments in full the owner-operator or other entity. If they are unable to do so carriers must complete a Verification form and return the unpaid monies no later than six months after the date the funds were first sent to the carrier. Form link and address are listed below.
Owner-operators should contact carriers they have worked for and was charged back from to make sure they get their funds sent to them.
Any disputes between carriers and owner-operators or other entities will be referred to a Mediator designated by the Court. Owner-operators must submit the dispute in writing to First Class Inc within six months from the date the refund payment was sent to the carrier.
All of the details regarding the court case and settlement can be found at www.nytrucktaxrefunds.com