Section 501. Definitions  


Latest version.
  • As  used  in  this article:   1. "Person" shall
      include an individual, co-partner, limited liability  company,  society,
      association,   corporation,   joint   stock  company,  lessee,  and  any
      combinations  of  individuals;  an  executor,  administrator,  receiver,
      trustee or other fiduciary.
        2. (a) "Motor vehicle" shall include any automobile, truck, tractor or
      other self-propelled device, having a gross weight in excess of eighteen
      thousand  pounds,  or  any  truck having an unloaded weight in excess of
      eight thousand pounds, or any tractor,  having  an  unloaded  weight  in
      excess  of  four thousand pounds, which is used upon the public highways
      otherwise than upon fixed rails or tracks.
        (b) For purposes of section five hundred two of this article,  in  the
      case of an automotive fuel carrier, a "motor vehicle" shall, in addition
      to  every  motor  vehicle  defined in paragraph (a) of this subdivision,
      include any trailer, semi-trailer, dolly, or other device drawn  thereby
      having  a  gross  weight,  alone, or in combination with any other motor
      vehicle, trailer, semi-trailer, dolly or  other  device,  in  excess  of
      eighteen  thousand  pounds,  which  is  used  upon  the  public highways
      otherwise than upon fixed rails or tracks.
        (c) "Motor vehicle" shall not include, however, a road roller, tractor
      crane, truck crane, power shovel, road building machine, snow plow, road
      sweeper, sand spreader or well driller; nor shall it include an  omnibus
      except  for  purposes  of  the  additional  tax  imposed by section five
      hundred three-a of this article.
        3. "Vehicular unit" shall mean a motor vehicle alone or in combination
      with any other motor vehicle, trailer,  semi-trailer,  dolly,  or  other
      device drawn thereby.
        4.  "Gross weight" shall mean the unloaded weight of the motor vehicle
      plus the  unloaded  weight  of  the  heaviest  motor  vehicle,  trailer,
      semi-trailer,  dolly  or  other device to be drawn by such motor vehicle
      (determined in a manner  similar  to  the  method  for  determining  the
      unloaded weight of a motor vehicle) plus the weight of the maximum load,
      exclusive  of  the weight of the driver and his helper, to be carried or
      drawn by such motor vehicle.
        5. "Carrier" shall  include  any  person  having  the  lawful  use  or
      control,  or  the  right  to the use or control of any vehicular unit in
      this state.
        6. "Public highway" shall include any public highway, street,  avenue,
      road,  public  place, public driveway or any other public way; provided,
      however, that the term "public highway" as used in sections five hundred
      three and five hundred three-b of this article  shall  not  include  any
      portion  of  the  thruway  for which a fee, rental or charge for the use
      thereof, has  been  made  by  the  thruway  authority  pursuant  to  the
      provisions of title nine of article two of the public authorities law.
        7.  "Unloaded  weight"  shall  mean  the  actual  weight  of the motor
      vehicle, which includes all equipment necessary for the  performance  of
      the  function  of  the vehicle as a vehicle, necessary for the safety of
      the vehicle, permanently attached to the vehicle, used  exclusively  for
      the  protection  of  the load carried by the vehicle or used exclusively
      for the loading or unloading of the vehicle.
        8. "Automotive  fuel  carrier"  shall  mean  any  carrier  engaged  in
      transporting automotive fuel.
        9. "Automotive fuel carriers manifest" shall mean a detailed record of
      all  automotive  fuel  transported  by  an automotive fuel carrier. Such
      manifest shall  contain  such  information  as  prescribed  by  the  tax
      commission  pursuant  to  rules  and  regulations, and shall include the
      location, name, and any license, registration or  permit  identification
      numbers  of  any  distributor, filling station or person from which such
    
      automotive fuel is transported and to  which  such  automotive  fuel  is
      delivered.  Such manifest shall include for each such location the total
      quantity of automotive fuel transported therefrom or  delivered  thereto
      and  any  taxes  paid  or  collected  thereon  pursuant to or authorized
      pursuant to this chapter. The term "distributor"  shall  have  the  same
      meaning  as  it  has  for  purposes of article twelve-A of this chapter,
      excluding persons who are not required pursuant to section  two  hundred
      eighty-two-a  to pay the tax imposed thereby. The term "filling station"
      shall mean any place, location  or  station  where  automotive  fuel  is
      offered  for  sale to a purchaser of such fuel, to be delivered directly
      to a vehicle propelled by any power other than muscular.
        10. "Automotive fuel" shall mean  diesel  motor  fuel  as  defined  in
      subdivision  fourteen  of section two hundred eighty-two of this chapter
      and motor fuel as defined in subdivision  two  of  section  two  hundred
      eighty-two of this chapter.