Section 1815. Highway use and fuel use taxes

- (a) Violations. (1) It shall
  be unlawful for any person to:
    (A)  (i) Use or cause or permit to be used, any public highway in this
  state for the operation of a motor vehicle subject to the provisions  of
  article  twenty-one  of  this  chapter  without  first  applying for and
  obtaining the certificate of registration required under such article or
  a decal that has been suspended or revoked or  that  was  issued  for  a
  motor  vehicle other than the one on which affixed. The operation of any
  motor vehicle on any public  highway  of  this  state  without  a  decal
  required  under  such  article  shall  be  presumptive  evidence  that a
  certificate of registration or decal has  not  been  obtained  for  such
  motor vehicle;
    (ii)  Use  or  cause  or permit to be used, any public highway in this
  state for the operation of a qualified  motor  vehicle  subject  to  the
  provisions  of  article  twenty-one-A  of  this  chapter  without  first
  obtaining the license and decal required pursuant to such article or  to
  carry  or cause or permit to be carried upon any qualified motor vehicle
  a license or decal which has been suspended  or  revoked  or  which  was
  issued  for  a  qualified  motor  vehicle  other  than  the one on which
  carried. The operation of any qualified  motor  vehicle  on  any  public
  highway  of  this  state  without  carrying thereon the license or decal
  required under such article shall be presumptive evidence that a license
  or decal has not been obtained for such qualified motor vehicle;
    (B) Operate, or cause or permit to be operated, on any public  highway
  any  motor  vehicle  subject  to the provisions of article twenty-one of
  this chapter having an actual gross or unloaded weight in excess of  the
  gross  or  unloaded  weight set forth on the certificate of registration
  issued for such motor vehicle;
    (C) Fail to deliver  or  surrender,  pursuant  to  the  provisions  of
  article  twenty-one  or  twenty-one-A  of  this  chapter  or any rule or
  regulation  promulgated  by   the   commissioner,   a   certificate   of
  registration  or  license  or  decal to such commissioner, or any person
  directed by such commissioner to take possession thereof;
    (D) Fail to keep records of operations of motor vehicles or  qualified
  motor vehicles as the commissioner shall prescribe;
    (E)  Violate any other provision of article twenty-one or twenty-one-A
  of this chapter or any rule or regulation promulgated thereunder.
    (2) Any person who violates any provision of this subdivision, upon  a
  first conviction shall be subject to a fine of not less than one hundred
  dollars  or  more  than  two hundred fifty dollars; and upon a second or
  subsequent conviction to a fine of  not  less  than  two  hundred  fifty
  dollars  or  more  than  five hundred dollars or by imprisonment for not
  more than ten days. Except as otherwise provided by law such a violation
  shall not be a crime and the  penalty  or  punishment  imposed  therefor
  shall  not  be  deemed  for  any  purpose a penal or criminal penalty or
  punishment and shall not impose any disability upon or affect or  impair
  the  credibility  as  a  witness,  or otherwise, of any person convicted
  thereof.
    (3) For the purposes of conferring jurisdiction upon courts and police
  officers, and on the officers specified in subdivision four  of  section
  2.10  of  the criminal procedure law and on judicial officers generally,
  such violations shall be deemed traffic infractions and for such purpose
  only all provisions of law relating to traffic infractions  shall  apply
  to  such  violations;  provided, however, that the commissioner of motor
  vehicles, any hearing officer appointed by him,  or  any  administrative
  tribunal  authorized to hear and determine any charges or offenses which
  are traffic infractions shall not have jurisdiction of such infractions.

    (4) Upon the conviction of any person for a violation of  any  of  the
  provisions  of  this  subdivision,  the trial court or the clerk thereof
  shall within forty-eight hours certify the facts  of  the  case  to  the
  commissioner  and  such certificate shall be presumptive evidence of the
  facts  recited  therein.  If  any such conviction shall be reversed upon
  appeal therefrom, the person whose conviction has been so  reversed  may
  serve  upon  the  commissioner a certified copy of the order of reversal
  and the commissioner shall thereupon record the same.
    (b) An official weigh slip or ticket issued and certified by any truck
  weigher in the employ of the department of transportation or by any duly
  licensed weight master shall constitute  prima  facie  evidence  of  the
  information  therein  set  forth  and  of  the  operation of the vehicle
  therein described upon a public highway and shall be  admissible  before
  any court in any violation proceeding or criminal proceeding.