Dyed Diesel Fuel Off Road

[kenny thomas]

Just a note to anyone that might be using Dyed Diesel fuel in their onroad trucks. Or any trucks that might be licensed. DON'T take a chance.
Back in August my truck broke down and a rollback hauled it back here from KY and dropped it off at a garage to have a transmission replaced. The next day the DOT checked several trucks there and I had red fuel in mine. The truck was not seen on the road and it could not be driven at the time but it doesnt seem to matter becaused it was licensed. Got the fine yesterday and it was $2,000. The truck had a 35 gal tank and that was $1,000 and I had an empty farm tank on the back that is 27 gal and because it was a storage tank (even though it was empty and had been for months) I get charged another $1,000 for that.
Surely I am not the only dummy on here that has been caught. Worst thing is that was the first tank of red fuel I had ued in probably 10 years.

 

[HDRider]

I always wondered if they could detect it after you burned tanks of regular on-road diesel?

 

[kenny thomas]

I always wondered if they could detect it after you burned tanks of regular on-road diesel?

They test to see what % of dyed it is but not sure if it makes any difference if its 1% or 99%. Mine was probably 98%.

 

[Kingfisher]

What would they expect you to have in the storage tank? I don't get how they can fine you for that...

 

[HDRider]

What would they expect you to have in the storage tank? I don't get how they can fine you for that...

I was thinking that too.

 

[kenny thomas]

What would they expect you to have in the storage tank? I don't get how they can fine you for that...

As it was explained to me it had the possibility of carrying red fuel so they will fine me for it. Also there is no court day just a civil fine and I am guilty because of the tests. The part that got me was the truck was on private property and was hauled in there so no way had they seen it on the road. Gonna see what the lawyer says tomorrow but think he will say send them a check. They will take my drivers license if I dont pay.

 

[jltrent]

Is it an auto or straight shift and what garage was it at (Davis, Carter, Auto World)? Also, if I remember correctly, several years ago Ronnie Horton got a stiff fine for having it in his truck. I don't see the reasoning behind fining you for the storage tank. I believe a lawyer could help you there, but it will probably cost as much in Lawyer fees as the fine to get it dropped.

 

[Angus Cowman]

Way it was explained to me when I got checked was
Red fuel has 1000 parts pr million dye in it and if they check you you can have no more than 2 parts per million
So if you have a 100 gal tank with red and leave 2 gal in it and fill with clear it will still test positive for red

 

[SmokinM]

It is amazing how high the fine is on that. Had a local here busted for it a few years ago and he felt the same way. Saddest part is it isn't a pollution thing anymore since it is all LSD. It is strictly a tax deal. Good thing there was not at the time or even in the past history been untaxed liquor in it! :lol:

Not sure how that will work since it was not on the road and my biggest question would be why were they checking on private property? Usually diesel inspections like that are done on a tip. If you have farm tags on it that is another big bullseye. As far as the tank goes if it is not hooked into your fuel system they shouldn't be able to fine you. If it is hooked in sorry buddy but your screwed. Hopefully you can get it reduced some. Tell them it had been in there since a few years ago when they were letting them put it in the road pumps to ease the fuel prices. Just say sorry old Dodge won't stay running long enough to burn it they would buy that.

 

[Kingfisher]

What would they expect you to have in the storage tank? I don't get how they can fine you for that...

As it was explained to me it had the possibility of carrying red fuel so they will fine me for it. Also there is no court day just a civil fine and I am guilty because of the tests. The part that got me was the truck was on private property and was hauled in there so no way had they seen it on the road. Gonna see what the lawyer says tomorrow but think he will say send them a check. They will take my drivers license if I dont pay.

So your saying you can't have red fuel in a tractor tank on a truck registered for highway use in your state?!? How would you get the fuel from home base to a tractor in a remote field?

 

[kenny thomas]

It is amazing how high the fine is on that. Had a local here busted for it a few years ago and he felt the same way. Saddest part is it isn't a pollution thing anymore since it is all LSD. It is strictly a tax deal. Good thing there was not at the time or even in the past history been untaxed liquor in it! :lol:
Not sure how that will work since it was not on the road and my biggest question would be why were they checking on private property? Usually diesel inspections like that are done on a tip. If you have farm tags on it that is another big bullseye.system they shouldn't be As far as the tank goes if it is not hooked into your fuel able to fine you. If it is hooked in sorry buddy but your screwed. Hopefully you can get it reduced some. Tell them it had been in there since a few years ago when they were letting them put it in the road pumps to ease the fuel prices. Just say sorry old Dodge won't stay running long enough to burn it they would buy that.

Not gonna waste the untaxed shine on a fuel tank.
Tank was not hooked into the system and I had never pumped fuel out of it into the truck.
Not sure why I cant have a tank of red fuel on the back of the truck.
I buy cattle for my lawyer so the cost of seeing about it will be pretty cheap.

 

[SmokinM]

If it wasn't hooked in your clear as that is a transfer tank so it can have dyed in it. If not every truck on the road with those tanks would be fined. Just poking at you on the other.

 

[jltrent]

Kenny read this--------V

VIrginia Penalties for Unlawful Use
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)

It looks to me like if you carry a tank around on your vehicle with farm Fuel in it and not even in your truck tank you still get a fine.

https://www.dmv.virginia.gov/vehicles/#farm_diesel.asp

 

[SmokinM]

Kenny read this--------V

VIrginia Penalties for Unlawful Use
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)

https://www.dmv.virginia.gov/vehicles/#farm_diesel.asp

Well SOB that's a new one on me. Must just come in to play if they bust you. That sucks and is good info to know. Thanks Trent.

 

[kenny thomas]

Thanks John, Guess I will just sell some calves and pay the fine. :cry2:

 

[sim.-ang.king]

What would they expect you to have in the storage tank? I don't get how they can fine you for that...

As it was explained to me it had the possibility of carrying red fuel so they will fine me for it. Also there is no court day just a civil fine and I am guilty because of the tests. The part that got me was the truck was on private property and was hauled in there so no way had they seen it on the road. Gonna see what the lawyer says tomorrow but think he will say send them a check. They will take my drivers license if I dont pay.

If you didn't have a "Dyed Diesel, Non taxable use only" sticker on the storage tank, they can fine you for that.
Also I wouldn't be posting this on the internet if you wished to maybe getting this over turned, since you pretty much just admitted to using dyed diesel.

 

[kenny thomas]

What would they expect you to have in the storage tank? I don't get how they can fine you for that...

As it was explained to me it had the possibility of carrying red fuel so they will fine me for it. Also there is no court day just a civil fine and I am guilty because of the tests. The part that got me was the truck was on private property and was hauled in there so no way had they seen it on the road. Gonna see what the lawyer says tomorrow but think he will say send them a check. They will take my drivers license if I dont pay.

If you didn't have a "Dyed Diesel, Non taxable use only" sticker on the storage tank, they can fine you for that.
Also I wouldn't be posting this on the internet if you wished to maybe getting this over turned, since you pretty much just admitted to using dyed diesel.

I am not denying using the dyed diesel and told them that from the begining. The procedure of what they do is what I dont like.

 

[sim.-ang.king]

If you didn't have a "Dyed Diesel, Non taxable use only" sticker on the storage tank, they can fine you for that.
Also I wouldn't be posting this on the internet if you wished to maybe getting this over turned, since you pretty much just admitted to using dyed diesel.

I am not denying using the dyed diesel and told them that from the begining. The procedure of what they do is what I dont like.

Ok, I see, must of misunderstood.

 

[HDRider]

I still think there should be some due process on the tank, but like you said, a lawyer costs money.

 

[Craig Miller]

I was gonna say your lucky your didnt get a felony charge with it but looks like thats been covered already. Thats what happen to a guy working with me once. Of course he was on the road when they checked him. The way they explained it to him, in Texas, if the filler hose will reach the truck tank then you get the fine cause its possible to fill your truck with it. I only did it a couple times when I had a diesel when it was an emergency due to me not planning my fill ups like I should have late at night and only five gallons or less when I did. After I found out about the felony charge I never wanted to risk it.