Dyed Diesel Fuel Off Road

[kenny thomas]

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

Lawyer will cost me nothing other than a favor sometime but after reading the law I feel I am wasting my time. Think I will call and give them a sad story and pay it at $100 a month.

 

[kenny thomas]

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.

The filler hose is easily long enough because I just drive up close to the tractors and fill them.
Just hope this topic helps keep someone else from getting caught.

 

[Kingfisher]

I know what! Tell em dang Ol Boodrow not only filled the wrong tank but the wrong truck w fuel! Why would you fill a truck that won't even go anywhere on its own?!

 

[ram]

I would appeal and have my day in front of the judge. With the government filing civil charges against you Kenny, you will not be able to have a jury trial. A judge will hear your case and probably find you guilty, after all the judge is paid by the government. There's such a thing as reasonable doubt, and lack of proof that a crime was comitted. I run transmission fluid in my trucks it helps to keep the injectors clean and lubricated. I have also added a quart of old diesel oil in a tank of fuel, because it makes the fuel black-grey in color.

 

[kenny thomas]

I would appeal and have my day in front of the judge. With the government filing civil charges against you Kenny, you will not be able to have a jury trial. A judge will hear your case and probably find you guilty, after all the judge is paid by the government. There's such a thing as reasonable doubt, and lack of proof that a crime was comitted. I run transmission fluid in my trucks it helps to keep the injectors clean and lubricated. I have also added a quart of old diesel oil in a tank of fuel, because it makes the fuel black-grey in color.

I have ran the transmission fluid in mine in the past and like it. There is no day in front of the judge here. It is a civil fine and they take your drivers permit if you dont pay. Done checked on that.

 

[ram]

Where's the checks and balances? Sounds like the Gestapo to me.

 

[kenny thomas]

Where's the checks and balances? Sounds like the Gestapo to me.

I agree. More serious than selling drugs here.

 

[Brentp]

The way I understand it the transfer tank only becomes an issue once they find the dyed fuel in the main tank. Then the transfer tank becomes a fine as well.

 

[kenny thomas]

The way I understand it the transfer tank only becomes an issue once they find the dyed fuel in the main tank. Then the transfer tank becomes a fine as well.

I think you are correct, lesson learned.

 

[Angus Cowman]

They ONLY fine you for the storage tank if you have Dyed fuel IN the vehicle
Same as if they caught you with Dyed fuel in your truck and then came to farm to find the source and you had a 1000 gal tank for dyed diesel then they would fine you for the 1000 gal tank also
So in reality by just fining you for the transfer tank you got off easy LOL
I knew of a guy tgat got caught and he said they charged him on a 2500 gal storage tank

 

[jltrent]

Kenny I believe you can get the separate tank fine done away with by appealing to the Commissioner. Since you are using the tank for farm purposes it would be worth a shot. Please see "C" in the Code below.Take a picture of your truck with Cow Sheet all over it, show farm records, pictures of equipment, etc. Do a little home work on this and I believe it will pay off. Most people will just go ahead and pay, but I would fight it and in the time of it let them know DOT came on private property without permission/warrant to check your truck. That dam Commissioner would know me on a first name basics. I would get a lawyer to write them a letter.

http://law.lis.virginia.gov/vacode/58.1-2265/

§ 58.1-2265. Improper sale or use of untaxed fuel; civil penalty.
A. Any person committing any of the following acts shall be subject to the civil penalty specified in subsection B:

1. Selling or storing any dyed diesel fuel for use in a highway vehicle that is licensed or required to be licensed, unless that use is allowed under 26 U.S.C. § 4082;

2. Willfully altering or attempting to alter the strength or composition of any dye or marker in any dyed diesel fuel;

3. Using dyed diesel fuel in a highway vehicle unless that use is allowed under 26 U.S.C. § 4082;

4. Acquiring, selling or storing any fuel for use in a watercraft, aircraft, or highway vehicle that is licensed or required to be licensed unless the tax levied by this chapter has been paid; or

5. Using any fuel in a watercraft, aircraft, or highway vehicle that is licensed or required to be licensed unless the tax levied by this chapter has been paid.

B. The amount of the civil penalty for any act described in subsection A shall be the greater of $1,000 or ten dollars per gallon of fuel, based on the maximum storage capacity of the storage tank, container or storage tank of the highway vehicle, watercraft or aircraft.

C. The Commissioner is authorized to reduce or waive any civil penalties under this section if the violation is due to a reasonable or good cause shown to the satisfaction of the Co

 

[Angus Cowman]

DOT isn't the ones checking them in Mo and Ark it is the dept.OF Revenue who checked mine

 

[ram]

A friend of mine got caught in Eastman, GA and he swears it was the FBI that checked his truck.

 

[dave_shelby]

I dont get the legality of this. How can DOT come on your property and buildings without a warrant? I imagine that its not hard to get warrant once you broke on-road rule. Also did the shop permit DOT to inspect your truck on private property?

I currently understand Virginia's law to cover only registered vehicles, so unregistered "Farm Use" vehicles can run dyed. Is that right?

 

[littletom]

It would take a good bit fuel cover .50 a gallon cheaper. I know a guy that runs it all the time in a farm truck I guess he has just been lucky so far.

 

[kenny thomas]

I dont get the legality of this. How can DOT come on your property and buildings without a warrant? I imagine that its not hard to get warrant once you broke on-road rule. Also did the shop permit DOT to inspect your truck on private property?

I currently understand Virginia's law to cover only registered vehicles, so unregistered "Farm Use" vehicles can run dyed. Is that right?

Nope, farm use trucks that are ran on the highway is not allowed red either. Or so thats what I was told.

 

[gimpyrancher]

I can carry drugs, illegal guns and whatever else I please in a vehicle. If I get pulled over, I have the right to refuse a search without a warrant. The key here is, you must verbally refused a search without a warrant. If they search for dyed fuel, without a warrant or some reasonable suspicion of a crime, why wouldn't you get the "evidence" thrown out of court because it is fruit of an illegal search?

Most don't have the round ones to refuse to allow any cop to search without a warrant. That is usually why they just go ahead and pay.

Seems to me, illegal use of dyed fuel and avoiding paying a hundred bucks in taxes is minor compared to illegal searches by any government agency.

I'm just saying . . . . op:

 

[ram]

I can carry drugs, illegal guns and whatever else I please in a vehicle. If I get pulled over, I have the right to refuse a search without a warrant. The key here is, you must verbally refused a search without a warrant. If they search for dyed fuel, without a warrant or some reasonable suspicion of a crime, why wouldn't you get the "evidence" thrown out of court because it is fruit of an illegal search?

Most don't have the round ones to refuse to allow any cop to search without a warrant. That is usually why they just go ahead and pay.

Seems to me, illegal use of dyed fuel and avoiding paying a hundred bucks in taxes is minor compared to illegal searches by any government agency.
I'm just saying . . . . op:

You are right Gimpyrancher. But the DOT is like their above the law.

 

[Banjo]

The way I understand it the transfer tank only becomes an issue once they find the dyed fuel in the main tank. Then the transfer tank becomes a fine as well.

I think you are correct, lesson learned.

Good info, sorry for the fine. I gotta a buddy of mine that fills his diesel truck at the farm tank all the time. :bang:

 

[inyati13]

This is off-subject. Has anyone else noticed that the red dye "cakes" in the primary fuel/water separator type filters? I used the red dye in my Cat D3G Dozer with the centrifugal fuel/water separator. You had to pry the caked dye out with a screw driver from the sediment bowl. Same thing is happening in my JD 5083E. I am NOW using on road diesel. I trust the filters catch the dye sediments but I don't want to take the risk.