North Carolina § 105-449 - 115. Shipping document required to transport motor fuel by railroad tank car or transport truck.

§ 105-449. 115. Shipping document required to transport motor fuel by railroad tank car or transport truck.

Issuance. - A person may not transport motor fuel by railroad tank car or transport truck unless the person has a shipping document for its transportation that complies with this section. A refiner, a terminal operator, a fuel alcohol provider, a biodiesel provider, and the operator of a bulk plant must give a shipping document to the person who operates a railroad tank car or a transport truck into which motor fuel is loaded at the terminal rack or bulk plant rack. Content. - A shipping document is a permanent record that must contain the following information and any other information required by the Secretary: Identification, including address, of the terminal or bulk plant from which the motor fuel was received. The type of motor fuel loaded. The date the motor fuel was loaded. The gross gallons loaded if the motor fuel is loaded onto a transport truck, and the gross pounds loaded if the motor fuel is loaded onto a railroad tank car. The motor fuel transporter for the motor fuel. The destination state of the motor fuel, as represented by the purchaser of the motor fuel or the purchaser's agent. If the document is issued by a refiner or a terminal operator, the document must be machine printed. If the motor fuel is loaded onto a transport truck, the document must contain the following information: The net gallons loaded. A tax responsibility statement indicating the name of the supplier that is responsible for the tax due on the motor fuel. Reliance. - A person who issues a shipping document may rely on the representation made by the purchaser of motor fuel or the purchaser's agent concerning the destination state of the motor fuel. A purchaser is liable for any tax due as a result of the purchaser's diversion of fuel from the represented destination state. Duties of Transporter. - A person to whom a shipping document was issued must do all of the following: Carry the shipping document in the conveyance for which it was issued when transporting the motor fuel described in it. Show the shipping document to a law enforcement officer upon request when transporting the motor fuel described in it. Deliver motor fuel described in the shipping document to the destination state printed on it unless the person does all of the following: Notifies the Secretary, in a manner designated by the Secretary, before transporting the motor fuel into a state other than the printed destination state that the person has received instructions since the shipping document was issued to deliver the motor fuel to a different destination state. Receives from the Secretary, in a manner designated by the Secretary, a confirmation number authorizing the diversion. Writes on the shipping document the change in destination state and the confirmation number for the diversion. Give a copy of the shipping document to the distributor or other person to whom the motor fuel is delivered. Duties of Person Receiving Shipment. - A person to whom motor fuel is delivered by railroad tank car or transport truck may not accept delivery of the motor fuel if the destination state shown on the shipping document for the motor fuel is a state other than North Carolina. To determine if the shipping document shows North Carolina as the destination state, the person to whom the fuel is delivered must examine the shipping document and must keep a copy of the shipping document. The person must keep a copy at the place of business where the motor fuel was delivered for 90 days from the date of delivery and must keep it at that place or another place for at least three years from the date of delivery. A person who accepts delivery of motor fuel in violation of this subsection is jointly and severally liable for any tax due on the fuel. Sanctions Against Transporter. - The acts listed in this subsection are grounds for a civil penalty. The penalty is payable to the agency that assessed the penalty and is payable by the person in whose name the conveyance is registered, if the conveyance is a transport truck, and is payable by the person responsible for the movement of motor fuel in the conveyance, if the conveyance is a railroad tank car. The amount of the penalty is five thousand dollars ($5,000). A penalty imposed under this subsection is in addition to any motor fuel tax assessed. The grounds for a civil penalty are: Transporting motor fuel in a railroad tank car or transport truck without a shipping document or with a false or an incomplete shipping document. Delivering motor fuel to a destination state other than that shown on the shipping document. Penalty Defense. - Compliance with the conditions set out in this subsection is a defense to a civil penalty imposed under subsection (f) of this section as a result of the delivery of fuel to a state other than the destination state printed on the shipping document for the fuel. The Secretary must waive a penalty imposed against a person under that subsection if the person establishes a defense under this subsection. The conditions for the defense are: The person notified the Secretary of the diversion and received a confirmation number for the diversion before the imposition of the penalty. Tax was timely paid on the diverted fuel, unless the person is a motor fuel transporter. Sanctions. -. The Secretary may assess a civil penalty of five thousand dollars ($5,000) against a person who intentionally issues a shipping document that does not satisfy the requirements of subsection (b) of this section. History (1995, c. 390, s. 3; 1995 (Reg. Sess., 1996), c. 647, ss. 39, 40; 2002-108, s. 15; 2003-349, s. 10.9; 2005-435, s. 16; 2007-527, ss. 16(b), 18(a); 2008-134, s. 50; 2009-445, s. 36(a); 2014-3, s. 9.9(a); 2017-39, s. 16; 2019-169, s. 4.12.) Editor's Note. - Session Laws 2007-527, s. 18(b), provides that the amendments to this section by s. 18(a) are applicable to penalties assessed on or after August 31, 2007 and to refund requests that have not been finally determined as of that date. This section was amended by Session Laws 2009-445, s. 36(a), in the coded bill drafting format provided by G.S. 120-20.1 . In subsection (b), the words "issued by" following "A shipping document" were not struck through in the 2009 act. The section has been set out in the form above at the direction of the Revisor of Statutes. Effect of Amendments. - Session Laws 2002-108, s. 15, effective January 1, 2003, rewrote the last paragraph in subsection (f). Session Laws 2003-349, s. 10.9, effective January 1, 2004, in subsection (b), deleted "must be machine printed and" following "bulk plant" and in subdivision (b)(5), inserted "the document must be machine printed and it must contain." Session Laws 2005-435, s. 16, effective January 1, 2006, substituted "Department of Crime Control and Public Safety" for "Department of Transportation, Division of Motor Vehicles" in subsection (f); and added subsections (g) and (h). Subsection (g) is effective September 27, 2005, and applicable to penalties imposed on or after January 1, 2005. Session Laws 2007-527, ss. 16(b), 18(a), effective August 31, 2007, in subsection (f), deleted "payable to the Department of Crime Control and Public Safety or the Department of Revenue" following "penalty" in the first paragraph, and substituted "The penalty is payable to the agency that assessed the penalty and is payable" for "The penalty imposed under this subsection is payable" in the second paragraph; rewrote subdivision (g)(1); and in subdivision (g)(2), added "unless the person is a motor fuel transporter." For applicability, see Editor's note. Session Laws 2008-134, s. 50, effective January 1, 2009, added subdivisions (b)(1a) and (b)(3a). Session Laws 2009-445, s. 36(a), effective January 1, 2010, in subsection (a), substituted "refiner, a terminal operator, a fuel alcohol provider, and" for "terminal operator and"; in subsection (b), deleted "a terminal operator or the operator of a bulk plant" following "shipping document"; in subdivision (b)(3), added "if the motor fuel is loaded onto a transport truck, and the gross pounds loaded if the motor fuel is loaded onto a railroad tank car" at the end; in subdivision (b)(5), inserted "refiner or a" and substituted "printed. If the motor fuel is loaded onto a transport truck, the document" for "printed and it"; in subsection (c); substituted "person who issues a shipping document" for "terminal operator or bulk plant operator" in the first sentence; rewrote subsection (f); and in subsection (h), substituted "Sanctions" for "Sanctions Against Terminal Operator" and "person" for "terminal operator." Session Laws 2014-3, s. 9.9(a), effective October 1, 2014, substituted "is a permanent record that" for "issued by" in the introductory language of subsection (b). Session Laws 2017-39, s. 16, effective June 21, 2017, inserted "in a manner designated by the Secretary" in sub-subdivisions (d)(3)a. and (d)(3)b. Session Laws 2019-169, s. 4.12, effective July 26, 2019, inserted "a biodiesel provider" in the second sentence of subsection (a).