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Dyed Diesel Fuel Off Road
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<blockquote data-quote="jltrent" data-source="post: 1286386" data-attributes="member: 21075"><p><strong>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.</strong>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.</p><p></p><p><a href="http://law.lis.virginia.gov/vacode/58.1-2265/" target="_blank">http://law.lis.virginia.gov/vacode/58.1-2265/</a></p><p></p><p>§ 58.1-2265. Improper sale or use of untaxed fuel; civil penalty.</p><p>A. Any person committing any of the following acts shall be subject to the civil penalty specified in subsection B:</p><p></p><p>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;</p><p></p><p>2. Willfully altering or attempting to alter the strength or composition of any dye or marker in any dyed diesel fuel;</p><p></p><p>3. Using dyed diesel fuel in a highway vehicle unless that use is allowed under 26 U.S.C. § 4082;</p><p></p><p>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</p><p></p><p>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.</p><p></p><p>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.</p><p></p><p><span style="color: #FF4040">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</span></p></blockquote><p></p>
[QUOTE="jltrent, post: 1286386, member: 21075"] [b]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.[/b]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. [url=http://law.lis.virginia.gov/vacode/58.1-2265/]http://law.lis.virginia.gov/vacode/58.1-2265/[/url] § 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. [color=#FF4040]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[/color] [/QUOTE]
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