49-676. DYED FUEL — INSPECTION. (1) The provisions of this section shall be carried out through the use of existing state law enforcement and Idaho transportation department resources.
(2) When stopped at a fixed or portable check station or when otherwise lawfully stopped as described in this section, any commercial diesel-powered motor vehicle that is within either of the definitions provided in section 49-123(2)(d) or (2)(e), Idaho Code, and that has a gross vehicle weight in excess of twenty-six thousand (26,000) pounds may be subject to visual inspection for dyed fuel in the diesel fuel tanks mounted to such vehicle when the operator is requested to submit to such inspection:
(a) By any Idaho state police officer, when so requested as a secondary action when the operator of the motor vehicle has been detained for a suspected violation of another law;
(b) By any Idaho state police officer at a fixed or portable check station established by the Idaho transportation department pursuant to the provisions of section 40-510, Idaho Code; or
(c) By an authorized employee of the Idaho transportation department on duty at a fixed or portable check station established by the Idaho transportation department pursuant to the provisions of section 40-510, Idaho Code.
(3) Neither the Idaho state police nor the Idaho transportation department shall set up random inspection stations for the purpose of testing for dyed diesel.
(4) No state agency shall report any violation of section 63-2425, Idaho Code, to any agency of the federal government.
(5) Inspection authority as provided in subsection (2) of this section shall be limited solely to the motor vehicle inspected and shall not serve as reasonable suspicion for any state agency to thereafter inspect other motor vehicles, facilities, or property of the motor vehicle’s owner beyond the scope of subsection (2) of this section. Inspection authority shall not apply to portable fuel tanks or slip tanks that may be in the motor vehicle being inspected or to any bulk storage tanks.
(6) If dyed fuel is discovered pursuant to an inspection authorized by this section, a citation shall be issued to the operator of the vehicle. The applicable penalty shall be as provided for in section 63-2460(2), Idaho Code, except that the penalty for a refusal of inspection shall be one thousand dollars ($1,000). No additional fines or penalties shall be imposed. The operator of the vehicle shall be responsible for any penalty pursuant to this section. All penalties collected shall be remitted to the state treasurer and placed in the highway distribution account.
(7) The provisions of this section shall not apply in the event of a disaster or emergency declared by the governor under chapter 10, title 46, Idaho Code, or by the president of the United States under the provisions of the disaster relief act of 1974, 42 U.S.C. 5121 et seq., if the use of dyed fuel is necessary to assist with such disaster or emergency.
(8) For purposes of this section, "dyed fuel" means diesel fuel that has been dyed or marked at a refinery or terminal under the provisions of 26 U.S.C. 4082 and regulations adopted thereunder or under the clean air act and regulations adopted thereunder on which the tax under section 63-2402, Idaho Code, has not been paid.
(9) For purposes of this section, "highways" shall have the same meaning as provided in section 63-2401, Idaho Code.
(10) By January 1, 2021, the Idaho transportation department and the Idaho state police shall enter into one (1) or more joint exercise of powers agreements pursuant to sections 67-2328 through 67-2333, Idaho Code, as necessary to implement the provisions of this section.
(11) Prior to conducting any inspections under the authority of this section, the Idaho state police and the Idaho transportation department, in collaboration with private groups, trade associations, and other dyed fuel user groups, shall provide outreach and education on the use of dyed fuels in Idaho for a period of six (6) months from the effective date of this section.
(12) The provisions of this section and associated funding shall be evaluated by the legislature following a period of five (5) years after the effective date of this section.
History:
[49-676, added 2020, ch. 327, sec. 2, p. 943.]