Assemblyman Gray: New Yorkers cannot run red diesel on the road

WATERTOWN, NY —  Assemblyman Scott Gray (R-Watertown) is reminding North Country drivers, farmers and businesses that they cannot run red dyed diesel in on-road vehicles in New York State, despite the president’s Oct. 5 executive order.

The executive order waives federal penalties and defers the 24.4 cent federal excise tax on dyed diesel used on the road through Dec. 31, 2026. However, it does not override state law. With the exception of certain limited agricultural uses, New York still prohibits the use of dyed diesel on public roadways and collects its own fuel taxes. Though the federal law allows for it, you are prohibited from running red diesel on New York roads.

“I’ve heard from a number of constituents who are understandably confused by this,” said Assemblyman Gray. “The federal relief is real, but it stops at the state line. At least a dozen states have already acted to match it. New York has not. Until it does, you cannot run red diesel on New York roads, and I don’t want anyone in our district ending up with a fine instead of a break.”

Gray noted New York has issued similar waivers in the past, including after Hurricane Sandy in 2012, and he is calling on the state to act quickly to give North Country farmers, truckers and families the same relief available in other states.

Anyone with questions may contact Assemblyman Gray’s district office.

News release Oct. 7, 2026

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