Title 48, Chapter 9, Section 9
( 48-9-9)
(a)(1) A report of all deliveries of motor fuel shall be made to
the commissioner by: (A) Each of the following companies and carriers transporting
motor fuel either in interstate or in intrastate commerce to
points within this state: (i) Every railroad company; (ii) Every street, suburban, or interurban railroad company; (iii) Every pipeline company; (iv) Every water transportation company; (v) Every common or contract carrier; and (vi) Every operator of a terminal; (B) Every person transporting motor fuel by whatever manner to a
point in this state from any point outside this state; and (C) Every person transporting motor fuel from a point in this
state to a point outside this state. (2) Each report required by this subsection shall be: (A) Made under oath on forms prescribed by the commissioner; and (B) Filed by the twentieth day of each calendar month to cover
the preceding calendar month's activities. (b) The commissioner shall assign a tank registration number to each
person transporting motor fuel over the public highways or navigable
waters of this state and shall furnish a separate tank
identification card for each transport tank truck or vessel operated
within this state. The registration number shall be displayed
continuously and conspicuously on the truck, tank, or vessel
operated by persons transporting motor fuel. The identification
card issued for each such truck or vessel shall be available for
inspection by the commissioner's agents and shall remain with the
truck or vessel when transporting motor fuel on the public highways
or navigable waters of this state. Tank identification cards are
not transferable and are valid only for the transport tank truck or
vessel for which issued. (c) No person shall transport motor fuel in this state except in a
transport tank truck or vessel which is visibly marked on each side
and on the rear with the words "Motor Fuel," "Flammable," or other
indication of the type of product being transported suitable to the
commissioner or other regulatory agencies, together with the name
and address of the owner of the transport tank truck or vessel and
the tank registration number. This subsection shall not apply to
vehicles or vessels transporting motor fuel contained in their
running tanks and used solely for their propulsion or to vehicles or
vessels transporting motor fuel of not more than five gallons for
emergency purposes.
(d)(1) Every person transporting motor fuel over the public
highways or navigable waters of this state shall have in such
person's possession an invoice, bill of sale, or other document
which identifies: (A) The true name and address of the person from whom the motor
fuel was received; (B) The number of gallons originally received; (C) The true name and address of every person who has received
any part of the fuel; (D) The number of gallons delivered to such persons; and (E) The state of destination as represented to the transporter
by the person who arranged the transportation. (2) Failure to produce such invoice, bill of sale, or other
document when demanded or failure of a document produced upon
demand to meet the requirements of this Code section shall be
prima-facie evidence of a violation of this article. (3) The transporter shall leave a copy of the invoice, bill of
lading, or other documentation with each person who receives the
fuel into bulk storage for resale. (e) Delivery of motor fuel from a transport tank truck or vessel
directly into the fuel tank of any motor vehicle in this state is
prohibited except in cases of emergency. (f) Every person purchasing or otherwise acquiring motor fuel in
bulk quantities for sale, use, or other disposition in this state
who is not required to be licensed as a distributor by this article
may be required to file by the twentieth day of each calendar month
a report on forms prescribed by the commissioner to account for all
such motor fuel acquired during the preceding calendar month. Every
operator of a terminal who receives motor fuel in bulk for storage
shall include on a report to the commissioner the names of all
persons who are storing fuel in the terminal and the quantity
received, stored, and delivered during the month on behalf of each
such account. The report shall specify what portion of the
deliveries recorded for each account were within the terminal to
others and what portion was removed from the terminal facility via
the loading rack. The report shall identify the state or country of
destination of the deliveries as reflected on the bills of lading
issued by the terminal operator. |