***** 207.1122 THIS SECTION IS AMENDED EFFECTIVE JANUARY 1, 2017: See 207.1122.amended *****
Sec. 122.
(1) A person shall not operate or maintain a motor vehicle on the public roads or highways of this state with dyed diesel fuel in the vehicle's fuel supply tank.
(2) This section does not apply to dyed diesel fuel used in any of the following:
(a) A motor vehicle owned and operated or leased and operated by the federal or state government or a political subdivision of this state.
(b) A motor vehicle used exclusively by the American red cross.
(c) An implement of husbandry.
(d) A passenger vehicle that has a capacity of 10 or more and that operates over regularly traveled routes expressly provided for in 1 or more of the following that applies to the passenger vehicle:
(i) A certificate of authority issued by the state transportation department.
(ii) A municipal franchise.
(iii) A municipal license.
(iv) A municipal permit.
(v) A municipal agreement.
(vi) A municipal grant.
(3) An owner, operator, or driver of a vehicle who uses dyed diesel fuel on the public roads or highways of this state is subject to a civil penalty of $200.00 for each of the first 2 violations within a 12-month period. For a third violation within a 12-month period, and for each subsequent violation thereafter, the person is subject to a civil penalty of $5,000.00. An owner, operator, or driver of a motor vehicle who knowingly violates the prohibition against the sale or use of dyed diesel fuel upon the public roads or highways of this state is subject to a civil penalty equal to that imposed by section 6714 of the internal revenue code.
History: 2000, Act 403, Eff. Apr. 1, 2001 ;-- Am. 2002, Act 668, Eff. Apr. 1, 2003
Last modified: October 10, 2016