Cops and "off road diesel?"

[Maintain]

I was driving down 301 in MD today on the way down to the farm and I noticed a few diesels pulled over... Thought nothing of it but when I got to the farm the vet told me she was pulled over and the cops were checking for "off road diesel." They were taking fuel samples she said and if they found anything other then regular diesel they were handing out $5,000 fines for the first offense. Of course she wasn't running anything other then regular stuff so she went about her way. That's when I recalled this forum and reading about alot of people running veggie oil, and bxx in their trucks and was wondering if it is illegal since I have no idea. I saw Stacey on the show "Trucks" on TNN with a kit you can buy to make the diesel and I was thinking why would they show that if it was illegal!? Any help...?

I know it is a federal offense to manufacture diesel and then sell it, since fuel is imported and therefore makes it interstate commerce and therefore federal in nature. Thanks in advance!

 

[Ford_Forgotton]

biodiesel is not illegal.

They are looking for DYED FUEL.

This is fuel that has been dyed deep red because no ROAD TAX was paid on it. So long as they dont find any DYE, you are peachy. Regardless of the fuel your running, they only look for the DYE.

 

[Tx_Atty]

is there something in the law that gives them the right to do this without a warrant? Unlawful search and seizure leaps to mind but there might be an exception.

 

[Ford_Forgotton]

is there something in the law that gives them the right to do this without a warrant? Unlawful search and seizure leaps to mind but there might be an exception.

Its a civil matter, and I believe yes it is in the law. Vehicle inspections (safety and operation) can be done at any time. This includes taking a small sample of your fuel to check for any DYE that would indicate you are running NON TAXED fuel.

Its not much different than stopping trucks to weigh them. Weight checks are part safety, and part tax, because truck pay taxes based on how much weight they can haul.

What you can safely haul, and what you paid taxes to haul can be two completety different weights.

Now, they can only stop you while you are operating the vehicle on public, tax funded roads. They cannot come onto your property and dip your tank. That is tresspassing and illegal. This has been proven in court cases. (I dont have the case in front of me, but I found it via google a while back).

Farmers run red fuel on the farm all the time. perfectly legal until they decide to drive their farm truck on a taxed road. BUSTED.

It takes about 4 FULL tanks of clear fuel to get the dye washed out of your tank. Its that concentrated.

 

[happeetxn]

I got my tanks sampled in Nashville Tennessee in 99'. I pulled up to an intersection and a cop was standng there. I figured he was directing traffic until he walked up to my truck and said I needed to pull over into the parking lot so that the Dept. of Revenue (Might have the dept wrong) could stick my tanks for off-road diesel. And that was in the city.
I have driven all over Texas (F.M. roads, Hwys) and have never been stopped and sampled. Any one in Texas ever had their fuel tanks sampled in this state?
Craig

 

[roosterdiesel]

Any one in Texas ever had their fuel tanks sampled in this state?

I have twice. One of the two times they pulled the filter to see if the filter showed any signs of dye.

But I was following a tractor once and a combine the other time with a fuel wagon.

 

[happeetxn]

Antonio,
Who pulled you over (DPS, County sheriff,etc...)
Craig

 

[Tail_Gunner]

I got pulled over in Minnesota last summer. I rolled the window down, some guy shoved a piece of paper at me. He had my cap off and had my tank dipped before I realized what he was up to. I have a locking fuel cap now.

One of the two times they pulled the filter to see if the filter showed any signs of dye.

While it might be legal to dip your tank, tearing your truck apart to look at the fuel filter?? I think a case for "unreasonable, unwarranted search" could be made there. If your tank dip shows negative for red dye, but your filter was red, the only thing that proves is that red dyed fuel was used at some time in the past. That could have been legal use on a farm or construction site.

If you are driving on the highway and the fuel in your tank tests negative for red dye, you are in violation of no laws. It doesn't matter what color your filter is.

 

[W4RLR]

Dipped at an agricultural weigh station in Florida. They were stopping ALL pickup trucks, rental trucks, rental trailers, as well as big rigs for inspection purposes. I was first asked if I was bringing any plants or aquaculture across the Suwannee River without a permit (illegal). Then I was motioned over to the fuel check station when the inspector notices that my truck exhaust has that distinct aroma of diesel. It must have been a slow day for them.

 

[hheynow]

I know a B-100 tanker driver/supplier. He says that his off-road B-100 is not dyed.