Section 171. Exemptions  


Latest version.
  • The  provisions of this article shall not apply to
      the following types of transportation of property by motor vehicle:
        1. The transportation of property by or  for  the  federal,  state  or
      municipal governments.
        2. The occasional, casual or reciprocal transportation of property for
      compensation by any person not engaged in the transportation of property
      by motor vehicle as a regular occupation or business.
        3.  The  transportation  of  property  wholly within a municipality or
      between contiguous municipalities or within a commercial zone as defined
      by the commissioner except when such transportation is  under  a  common
      control, management or arrangement for a continuous carriage or shipment
      to  or  from  a  point  without  such  municipality,  municipalities  or
      commercial zone.
        4. The transportation of fresh fish, live fowl and ordinary  livestock
      except those used for exhibition or racing purposes.
        5.  The transportation in motor vehicles used exclusively for carrying
      fertilizers,  soil  conditioners,  forestry  products  and  agricultural
      commodities other than manufactured products thereof.
        6.   The  transportation  of  livestock  and  poultry  feed  and  feed
      ingredients and agricultural seeds and  plants,  if  such  products  are
      transported  to  a  site  of  agricultural  production  or to a business
      enterprise engaged in the sale to agricultural producers of  goods  used
      in agricultural production.
        7. The transportation of newspapers, magazines or periodicals.
        8.  The  transportation  of  property  in  private  carriage when such
      transportation is incidental to and in furtherance of a primary business
      or farming enterprise of such person other than transportation.
        9. The transportation of sand, gravel, dirt, debris,  road  materials,
      ready-mixed  concrete  and  similar commodities when transported in dump
      trucks and when unloaded by being dumped.
        10. The transportation of wrecked or disabled vehicles by the tow-away
      method.
        11. The transportation by motor vehicles controlled and operated by  a
      cooperative  corporation  as defined in the cooperative corporations law
      when such transportation activities are related to the  members  of  the
      cooperative corporation.
        12.  The  transportation of milk from the farm or farms where produced
      or from collection stations where milk is gathered from various farms.
        13. The transportation for compensation performed by  an  agricultural
      cooperative  corporation,  which  corporation  is  subject  to tax under
      section one hundred eighty-five of the tax law, for non-members who  are
      not  farmers  or  cooperative  corporations  when such transportation is
      limited to that which is  incidental  to  the  agricultural  cooperative
      corporation's  primary transportation operation and is necessary for its
      effective performance. Such transportation shall be provided only  after
      the  agricultural  cooperative  corporation notifies the commissioner in
      writing of its intent to provide the transportation  and  it  shall  not
      exceed twenty-five percent of the agricultural cooperative corporation's
      total transportation services in each calendar year measured in terms of
      tonnage.  The  commissioner may prescribe the records to be kept and the
      information to be furnished by all agricultural cooperative corporations
      performing transportation pursuant to this subdivision.