Special fuel restrictions; violations; exemptions
Sec. 62. (a) No person shall import, sell, use, deliver, or store in
Indiana special fuel in bulk as to which dye or a marker, or both, has
not been added in accordance with section 31 of this chapter, or as
to which the tax imposed by this chapter has not been paid to or
accrued by a licensed supplier or licensed permissive supplier as
shown by a notation on a terminal-issued shipping paper subject to
the following exceptions:
(1) A supplier shall be exempt from this provision with respect
to special fuel manufactured in Indiana or imported by pipeline
or waterborne barge and stored within a terminal in Indiana.
(2) An end user shall be exempt from this provision with
respect to special fuel in a vehicle supply tank when the fuel
was placed in the vehicle supply tank outside of Indiana.
(3) A licensed importer, and transporter operating on the
importer's behalf, that transports in vehicles with a capacity of
more than five thousand four hundred (5,400) gallons, shall be
exempt from this prohibition if the importer or the transporter
has met all of the following conditions:
(A) The importer or the transporter before entering onto the
highways of Indiana has obtained an import verification
number from the department not earlier than twenty-four
(24) hours before entering Indiana.
(B) The import verification number must be set out
prominently and indelibly on the face of each copy of the
terminal-issued shipping paper carried on board the transport
truck.
(C) The terminal origin and the importer's name and address
must be set out prominently on the face of each copy of the
terminal-issued shipping paper.
(D) The terminal-issued shipping paper data otherwise
required by this chapter is present.
(E) All tax imposed by this chapter with respect to
previously requested import verification number activity on
the account of the importer or the transporter has been
timely remitted.
In every case, a transporter acting in good faith is entitled to rely
upon representations made to the transporter by the fuel supplier or
importer and when acting in good faith is not liable for the
negligence or malfeasance of another person. A person who
knowingly violates or knowingly aids and abets another person in
violating this subsection commits a Class D felony.
(b) No person shall export special fuel from Indiana unless that
person has obtained an exporter's license or a supplier's license or has
paid the destination state special fuel tax to the supplier and can
demonstrate proof of export in the form of a destination state bill of
lading. A person who knowingly violates or knowingly aids and
abets another person in violating this subsection commits a Class D
felony.
(c) No person shall operate or maintain a motor vehicle on any
public highway in Indiana with special fuel contained in the fuel
supply tank for the motor vehicle that contains dye or a marker, or
both, as provided under section 31 of this chapter. This provision
does not apply to persons operating motor vehicles that have received
fuel into their fuel tanks outside of Indiana in a jurisdiction that
permits introduction of dyed or marked, or both, special fuel of that
color and type into the motor fuel tank of highway vehicles or to a
person that qualifies for the federal fuel tax exemption under Section
4082 of the Internal Revenue Code and that is registered with the
department as a dyed fuel user. A person who knowingly:
(1) violates; or
(2) aids and abets another person in violating;
this subsection commits a Class A infraction. However, the violation
is a Class A misdemeanor if the person has committed one (1) prior
unrelated violation of this subsection, and a Class D felony if the
person has committed more than one (1) prior unrelated violation of
this subsection.
(d) No person shall engage in any business activity in Indiana as
to which a license is required by section 41 of this chapter unless the
person shall have first obtained the license. A person who knowingly
violates or knowingly aids and abets another person in violating this
subsection commits a Class D felony.
(e) No person shall operate a motor vehicle with a capacity of
more than five thousand four hundred (5,400) gallons that is engaged
in the shipment of special fuel on the public highways of Indiana and
that is destined for a delivery point in Indiana, as shown on the
terminal-issued shipping papers, without having on board a
terminal-issued shipping paper indicating with respect to any special
fuel purchased:
(1) under claim of exempt use, a notation describing the load or
the appropriate portion of the load as Indiana tax exempt special
fuel;
(2) if not purchased under a claim of exempt use, a notation
describing the load or the appropriate portion thereof as Indiana
taxed or pretaxed special fuel; or
(3) if imported by or on behalf of a licensed importer instead of
the pretaxed notation, a valid verification number provided
before entry into Indiana by the department or the department's
designee or appointee, and the valid verification number may be
handwritten on the shipping paper by the transporter or
importer.
A person is in violation of subdivision (1) or (2) (whichever applies)
if the person boards the vehicle with a shipping paper that does not
meet the requirements described in the applicable subdivision (1) or
(2). A person in violation of this subsection commits a Class A
infraction (as defined in IC 34-28-5-4).
(f) A person may not sell or purchase any product for use in the
supply tank of a motor vehicle for general highway use that does not
meet ASTM standards as published in the annual Book of Standards
and its supplements unless amended or modified by rules adopted by
the department under IC 4-22-2. The transporter and the transporter's
agent and customer have the exclusive duty to dispose of any product
in violation of this section in the manner provided by federal and
state law. A person who knowingly:
(1) violates; or
(2) aids and abets another in violating;
this subsection commits a Class D felony.
(g) This subsection does not apply to the following:
(1) A person that:
(A) inadvertently manipulates the dye or marker
concentration of special fuel or coloration of special fuel;
and
(B) contacts the department within one (1) business day after
the date on which the contamination occurs.
(2) A person that affects the dye or marker concentration of
special fuel by engaging in the blending of the fuel, if the
blender:
(A) collects or remits, or both, all tax due as provided in
section 28(g) of this chapter;
(B) maintains adequate records as required by the
department to account for the fuel that is blended and its
status as a taxable or exempt sale or use; and
(C) is otherwise in compliance with this subsection.
A person may not manipulate the dye or marker concentration of a
special fuel or the coloration of special fuel after the special fuel is
removed from a terminal or refinery rack for sale or use in Indiana.
A person who knowingly violates or aids and abets another person
to violate this subsection commits a Class D felony.
(h) This subsection does not apply to a person that receives
blended fuel from a person in compliance with subsection (g)(2). A
person may not sell or consume special fuel if the special fuel dye or
marker concentration or coloration has been manipulated,
inadvertently or otherwise, after the special fuel has been removed
from a terminal or refinery rack for sale or use in Indiana. A person
who knowingly:
(1) violates; or
(2) aids and abets another to violate;
this subsection commits a Class D felony.
(i) A person may not engage in blending fuel for taxable use in
Indiana without collecting and remitting the tax due on the untaxed
portion of the fuel that is blended. A person who knowingly:
(1) violates; or
(2) aids and abets another to violate;
this subsection commits a Class D felony.
As added by P.L.277-1993(ss), SEC.44. Amended by P.L.18-1994,
SEC.33; P.L.85-1995, SEC.26; P.L.61-1996, SEC.4; P.L.1-1998,
SEC.81.
Last modified: May 28, 2006