Tax Law, § 503, subd. 1
Example 1:
If the maximum gross weight of a refrigerator truck is 41,000 pounds and its unloaded weight is 22,400 pounds, the tax rate is $.008 per mile (the rate applicable to 22,400 pounds) when operating without any load, whereas when operating with a load the rate is $.013 per mile (the rate applicable to 41,000 pounds).
Example 2:
If the unloaded weight of a truck is 10,000 pounds and its maximum gross weight is 37,000 pounds, its operations without any load are not taxable but when operating with a load, the applicable tax rate is $.012.
Example:
If the maximum gross weight of a motor vehicle is 37,000 pounds, its unloaded weight is 10,000 pounds and it is carrying a load weighing 2,000 pounds, the rate of tax is $.012 per mile (the rate applicable to 37,000 pounds).
N.Y. Comp. Codes R. & Regs. Tit. 20 § 481.6