Wash. Admin. Code § 308-77-114 - Unauthorized use of dyed diesel

(1) Is there any dye concentration in diesel fuel that the department cannot assess penalties for unlawful use? No. The department may assess on any dye concentration found in licensed vehicles, vehicles required to be licensed, or in bulk storage tanks used to fuel licensed or required to be licensed vehicles.
(2) Who can be assessed a penalty for unlawful use of dyed diesel?
(a) The operator of the vehicle;
(b) The registered owners of the vehicle;
(c) Any person responsible for the operation, maintenance, or fueling of the vehicle.
(3) If dyed diesel is discovered in the fuel supply tanks of a vehicle, when must the fuel be removed? Dyed diesel fuel must be removed from the vehicles within twenty-four hours from the time of discovery. Detection of dyed diesel in the same vehicles after the twenty-four-hour period will be considered as a separate violation.
(4) Will I be assessed dyed diesel penalties on the fuel in bulk storage tanks? Yes, if any dyed diesel fuel from the bulk storage tanks has been used for unlawful purposes.
(5) How is the dyed diesel fuel in a bulk storage tank assessed? The assessment is based on the capacity or estimated quantity of dyed diesel fuel in the bulk storage tanks without regard to how this fuel will be used.
(6) What if I refuse the department or authorized representative access to inspect the vehicles or bulk storage tanks? The penalty in RCW 82.38.170(13) will be calculated on the capacity of the bulk storage tanks and the number of vehicles subject to the refusal.

Notes

Wash. Admin. Code § 308-77-114

Statutory Authority: RCW 82.38.260. 09-07-075, § 308-77-114, filed 3/16/09, effective 4/16/09; 01-22-073, § 308-77-114, filed 11/1/01, effective 12/2/01.

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