§437D-14  Fuel charges.  (a)  Except as
provided in this section, refueling charges are prohibited.



(b)  Upon the lessee's return of the vehicle,
if the amount of fuel remaining in the vehicle is less than the amount
originally provided by the lessor, the lessor may charge the lessee to refuel
the vehicle based upon the number of gallons or liters used by the lessee.  The
amount of fuel that may be charged to the lessee shall be calculated in one of
two ways:



(1)  If the vehicle was delivered to the lessee with a
full tank, the number of gallons or liters required to refill the tank; or



(2)  If the vehicle was rented with less than a full
tank, the number of gallons or liters less than the amount originally provided
by the lessor according to the vehicle's gas gauge as read both before and
after the lessee's use thereof, employing an appropriate chart showing the
number of gallons or liters corresponding to the gas gauge readings.  Each
chart shall be specifically keyed to the model of car.



(c)  Upon the lessee's return of the vehicle,
if the amount of fuel remaining in the rental vehicle is greater than the
amount originally provided by the lessor upon delivery of the vehicle to the
lessee, the lessor shall credit the lessee an amount based on the gallons or
liters added by the lessee, calculated by the method set forth in subsection
(b)(2).



(d)  In the event that the lessor has no
reasonably accessible refueling facilities, the lessor is not required to give
the credit to the lessee as described in subsection (c); provided that if no
credit is given, the lessor shall disclose that fact to the lessee at the time
the rental agreement is signed.



(e)  The lessor shall provide the lessee with
written notice of the amount to be credited, except as provided in subsection
(d), or charged on a per gallon or per liter basis.



(f)  The price per gallon or per liter that is
charged for the amount of fuel required to refuel the vehicle, as provided in
subsection (b), shall not exceed the average of the locally prevailing retail
market price for similar fuel sold at self-service gasoline pumps by commercial
gasoline dealers and a reasonable surcharge not to exceed one-half of that
retail price.



(g)  The per gallon or per liter amount that is
credited pursuant to subsection (c), except as provided in subsection (d), may
not be lower than the locally prevailing retail market price for similar fuel
sold by commercial gasoline dealers.



(h)  Nothing in this section shall prohibit the
lessor from offering the lessee the option of purchasing, at the time of taking
delivery of the vehicle, a full tank of fuel from the lessor at a price per
gallon or per liter that shall not exceed the average of the locally prevailing
retail market price for similar fuel sold at self-service gasoline pumps by
commercial gasoline dealers; provided that the option includes the provisions
that:



(1)  If the vehicle is driven one hundred miles or
less, and the lessee has not returned the vehicle with a full tank of fuel, the
lessee shall be credited for the amount charged to the lessee for the purchase
of fuel when the lessee took delivery of the vehicle, and be charged in the
method set forth in subsection (b); or



(2)  If the lessee returns the vehicle with a full
tank of fuel, the lessee shall be credited for the amount charged to the lessee
for the purchase of fuel when the lessee took delivery of the vehicle. [L 1988,
c 251, pt of §2; am L 1996, c 171, §2; am L 2004, c 35, §2]