Despite an October 5 executive order by President Donald Trump, drivers, farmers and businesses cannot run red dyed diesel in on-road vehicles in New York State, according to Assemblyman Scott Gray. 

Gray issued a statement regarding the executive order, reminding residents the executive order does not override state law. 

The executive order does waive federal penalties and defers the 24.4 cent federal excise tax on dyed diesel used on the road through Dec. 31, 2026. 

"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," Gray's statement reads. 

“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 that similar waivers were issued in the past, in particular following Hurricane Sandy in 2012. 

He said he is calling on the state to act quickly to give farmers, truckers and families relief throughout the state, the same relief that has been made available in neighboring states.