Reliance on transporter's intended destination state--Joint and several liability for fuel tax.

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10-47B-51. Reliance on transporter's intended destination state--Joint and several liability for fuel tax.

The supplier and the terminal operator are entitled to rely for all purposes of this chapter on the representation made by the transporter or transporter's agent as to the destination state the terminal operator prints on the bill of lading. A petroex or similar number may not be relied upon by the terminal operator or supplier as a representation of a destination state.

In all cases, the importer, the exporter, the transporter, the transporter's agent, and any purchaser are jointly and severally liable for any fuel tax due to this state. A defense available to one party to an action for the collection of the fuel tax imposed by this chapter is not available to the other parties. Each party's tax liability arises separately and shall be defended separately.

Source: SL 1995, ch 71, §51; SL 1996, ch 90, §15; SL 1999, ch 58, §17.


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