Quote:
Originally Posted by us66
How do they check for that?
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A couple of ways.
locking cap or not.
They can dip your tank.
Take a sample from your fuel filter.
Most diesels have a fuel water separator and or a drain on the bottom of the tank.
Then the DOT or police use paper dipsticks to test for the presence of red dye
I've heard of a ir or similar device they can test for it by your exhaust gasses?
The red dye will not clog your fuel filter.
An owner, operator, or driver of a vehicle who used dyed diesel fuel on the public highways would be subject to a civil penalty of $200 for each of the first two violations within a 12-month period. For a third violation within a 12-month period, and for each subsequent violation thereafter, the person would be subject to a civil penalty of $5,000. A vehicle owner, operator, or driver who knowingly violated the prohibition against the sale or use of dyed diesel fuel would be subject to a civil penalty equal to that imposed under Section 6714 of the Internal Revenue Code (the greater of $1,000 or $10 per gallon).
Inspections/Audits
-- Allow a uniformed inspector reasonably to detain a person, a motor vehicle, or other transporting equipment in order to determine whether the person was operating in compliance with the bill. The Department could use only uniformed inspectors when making an inspection at a highway rest stop or on the public road or highways.
A person who refused to permit any inspection or audit authorized by the bill would be subject to a civil penalty of $5,000, in addition to any other penalty imposed by the bill. A person who, for the purpose of evading taxation, refused to allow an inspection would be guilty of a felony, in addition to any other penalty imposed by the bill.
http://http://www.legislature.mi.gov/documents/1999-2000/billanalysis/Senate/htm/1999-SFA-1205-A.htm (http://http//www.legislature.mi.gov/documents/1999-2000/billanalysis/Senate/htm/1999-SFA-1205-A.htm - broken link)
Effective October 1, 2005, the penalties for using dyed fuel on public roads in Montana are:
To report suspected
violators call
MDT's 24-hour toll free
tip line at:
What is Dyed Diesel? Dyed diesel fuel is fuel that has not been taxed and is intended for off-road use only. When you fill your vehicle with undyed fuel at the pump, state and federal taxes are included in the cost. These taxes are used to help fund construction and maintenance of Montana's public roads.
Dyed diesel fuel is regular diesel fuel that has red dye added to it. This is done to identify the fuel as non-taxed and to help enforcement officials easily identify it. Dyed diesel is for off-road use only- examples include farm equipment and home heating.
If you fill your tank with dyed diesel and drive on Montana's public roads, you're breaking the law.
18.10.108 ESTIMATE OF DIESEL POWERED VEHICLES SUPPLY TANKS
(1) When a diesel powered vehicle is found to have dyed fuel in the supply tank(s) and has been traveling on public roads, the department will assess the special fuels tax on each of the diesel powered vehicle's supply tank(s) as if the tank(s) were full.
(2) When assessing the special fuel tax on a diesel powered vehicle, the following average supply tank capacities will be used:
(a) 17 gallons for an automobile;
(b) 27 gallons for a pick-up truck;
(c) 63 gallons for a truck;
(d) 100 gallons for a combination.
(3) All assessments of the special fuel tax on diesel vehicles will be rounded for the convenience of the taxpayer and the department.
(4) The operator or owner of the vehicle may request a hearing if they disagree with the assessed amount.
(3) Motor carrier services division officers making a routine stop
of a commercial vehicle or visiting a road construction project site may take a fuel sample from bulk tanks and supply tanks of vehicles, equipment and other internal combustion engines. The sample may be analyzed for dye concentration by a laboratory selected by the Montana department of transportation.
(5)
Contractors may not store and/or use dyed diesel in equipment, motor vehicles, and stationary engines used upon public roads and/or within MDT project limits as defined in
15-70-321, MCA. Contractors in violation of this section are subject to penalties upon conviction as defined in
15-70-330, MCA, and may be suspended for up to 6 months from participating in future MDT contracts.
Is there a penalty for unlawful use of dyed diesel fuel?
Yes. The civil penalty is a minimum of $1,000 or $10 per gallon of fuel, based on the maximum storage capacity of the tank(s). Penalties are charged on the propulsion tanks of the vehicle as well as on any storage tanks on the vehicles. Penalties can also be charged on the storage tank at the farm if that was the source of the dyed fuel found in the vehicle. (Va. Code §58.1-2265(B))
Any person who refuses to allow an inspection or collection of a fuel sample is subject to a $5,000 penalty for each refusal. If the refusal is for a vehicle fuel sample collection, the penalty is assessed to the registered owner of the vehicle. If the refusal is for a sample to be taken from any other storage tank or container, the penalty will be payable by the owner of the storage tank or container. (Va. Code § 58.1-2267)
A person may be charged with a Class 6 felony if he or she uses dyed diesel fuel for a use that he or she knows or has reason to know is a taxable use of the fuel. Penalties can be charged if a person sells dyed diesel fuel to someone who the seller knows or has reason to know will use the fuel for a taxable purpose. If the amount of fuel is less than 20 gallons, the person may be charged with a Class 1 misdemeanor. (Va. Code § 58.1-2273(7))
A person who attempts to alter the strength or composition of any dye or dye marker in any dyed diesel fuel may be charged with a Class 6 felony. (Va. Code § 58.1-2273(8))
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