142.914. 1. Each person transporting motor fuel in a fueltransportation vehicle upon the public highways of this state shall:
(1) Carry on board the shipping document issued by the terminaloperator or the bulk plant operator of the facility where the motor fuelwas obtained, whether within or without this state. The shipping papershall set out on its face the state of destination of the motor fueltransported in the vehicle as represented to the terminal operator at thetime the fuel transportation vehicle was loaded, or as otherwise providedin subdivision (3) of this subsection;
(2) Show and permit duplication of the shipping document by a lawenforcement officer, or representative of the director, upon request, whentransporting, holding or off-loading the motor fuel described in theshipping document;
(3) Deliver motor fuel described in the shipping document to a pointin the destination state shown on the face of the document unless theperson or the agent of the person does all of the following:
(a) Notifies the director before the earlier of removal from thestate in which the shipment originated, or the initiation of delivery, thatthe person received instructions after the shipping document was issued todeliver the motor fuel to a different destination state;
(b) Receives from the director a verification number authorizing thediversion; and
(c) Writes on the shipping document the change in destination stateand the verification number for the diversion;
(4) Provide a copy of the shipping document to the distributor orother person who controls the facility to which the motor fuel isdelivered; and
(5) Meet such other conditions as the director may reasonably requirefor the enforcement of this chapter. The director shall provide byregulation for handwritten designations and alternative procedures foroperators of tank wagons that have received motor fuel at a bulk plant fordelivery within or without this state.
2. Every person transporting motor fuel in fuel transportationvehicles upon the public highways of this state shall provide the originalor a copy of the terminal-issued shipping document accompanying theshipment to the operator of the retail outlet, bulk plant or bulk end userbulk storage facility to which delivery of the shipment was made.
3. Each operator of a motor fuel retail outlet, bulk plant or bulkend user bulk storage facility shall receive, examine, and retain for aperiod of thirty days at the delivery location the terminal-issued shippingdocument received from the transporter for every shipment of motor fuelthat is delivered to that location with record retention of the shippingpaper of three years required off-site. If the delivery location is anunattended location, the operator may retain the shipping documents at thenormal billing address of the operator.
4. No retail dealer, bulk plant operator, wholesale distributor orbulk end user shall knowingly accept delivery of motor fuel into bulkstorage facilities in this state if that delivery is not accompanied by ashipping paper issued by the terminal operator, or bulk plant operator asprovided by regulations, that sets out on its face this state as the stateof destination of the motor fuel or a diversion verification numberpursuant to section 142.917, and such other information as is requiredunder sections 142.926 and 142.929.
5. Any person who knowingly violates or knowingly aids and abetsanother to violate this section shall be jointly and severally liable forthe tax on the motor fuel transported or delivered.
6. Any person owning or operating a motor vehicle in violation ofthis section and section 142.926 and 142.929 shall be guilty of a class Bmisdemeanor for the first offense. For the second and each subsequentoffense, violators shall be guilty of a class A misdemeanor.
7. The director shall impose a civil penalty of one thousand dollarsfor the first occurrence of transporting motor fuel without adequateshipping papers annotated as required under this section and sections142.926 and 142.929. Each subsequent occurrence described in thissubsection is subject to a civil penalty of five thousand dollars.
8. The failure of the operator of a motor vehicle to have on board,once loaded and the transportation started, the proper shipping paperspursuant to this chapter, shall be presumptive evidence of a violationsufficient to warrant impoundment and seizure of the vehicle and its cargo.
142.914. 1. Each person transporting motor fuel in a fueltransportation vehicle upon the public highways of this state shall:
(1) Carry on board the shipping document issued by the terminaloperator or the bulk plant operator of the facility where the motor fuelwas obtained, whether within or without this state. The shipping papershall set out on its face the state of destination of the motor fueltransported in the vehicle as represented to the terminal operator at thetime the fuel transportation vehicle was loaded, or as otherwise providedin subdivision (3) of this subsection;
(2) Show and permit duplication of the shipping document by a lawenforcement officer, or representative of the director, upon request, whentransporting, holding or off-loading the motor fuel described in theshipping document;
(3) Deliver motor fuel described in the shipping document to a pointin the destination state shown on the face of the document unless theperson or the agent of the person does all of the following:
(a) Notifies the director before the earlier of removal from thestate in which the shipment originated, or the initiation of delivery, thatthe person received instructions after the shipping document was issued todeliver the motor fuel to a different destination state;
(b) Receives from the director a verification number authorizing thediversion; and
(c) Writes on the shipping document the change in destination stateand the verification number for the diversion;
(4) Provide a copy of the shipping document to the distributor orother person who controls the facility to which the motor fuel isdelivered; and
(5) Meet such other conditions as the director may reasonably requirefor the enforcement of this chapter. The director shall provide byregulation for handwritten designations and alternative procedures foroperators of tank wagons that have received motor fuel at a bulk plant fordelivery within or without this state.
2. Every person transporting motor fuel in fuel transportationvehicles upon the public highways of this state shall provide the originalor a copy of the terminal-issued shipping document accompanying theshipment to the operator of the retail outlet, bulk plant or bulk end userbulk storage facility to which delivery of the shipment was made.
3. Each operator of a motor fuel retail outlet, bulk plant or bulkend user bulk storage facility shall receive, examine, and retain for aperiod of thirty days at the delivery location the terminal-issued shippingdocument received from the transporter for every shipment of motor fuelthat is delivered to that location with record retention of the shippingpaper of three years required off-site. If the delivery location is anunattended location, the operator may retain the shipping documents at thenormal billing address of the operator.
4. No retail dealer, bulk plant operator, wholesale distributor orbulk end user shall knowingly accept delivery of motor fuel into bulkstorage facilities in this state if that delivery is not accompanied by ashipping paper issued by the terminal operator, or bulk plant operator asprovided by regulations, that sets out on its face this state as the stateof destination of the motor fuel or a diversion verification numberpursuant to section 142.917, and such other information as is requiredunder sections 142.926 and 142.929.
5. Any person who knowingly violates or knowingly aids and abetsanother to violate this section shall be jointly and severally liable forthe tax on the motor fuel transported or delivered.
6. Any person owning or operating a motor vehicle in violation ofthis section and section 142.926 and 142.929 shall be guilty of a class Bmisdemeanor for the first offense. For the second and each subsequentoffense, violators shall be guilty of a class A misdemeanor.
7. The director shall impose a civil penalty of one thousand dollarsfor the first occurrence of transporting motor fuel without adequateshipping papers annotated as required under this section and sections142.926 and 142.929. Each subsequent occurrence described in thissubsection is subject to a civil penalty of five thousand dollars.
8. The failure of the operator of a motor vehicle to have on board,once loaded and the transportation started, the proper shipping paperspursuant to this chapter, shall be presumptive evidence of a violationsufficient to warrant impoundment and seizure of the vehicle and its cargo.
142.914. 1. Each person transporting motor fuel in a fueltransportation vehicle upon the public highways of this state shall:
(1) Carry on board the shipping document issued by the terminaloperator or the bulk plant operator of the facility where the motor fuelwas obtained, whether within or without this state. The shipping papershall set out on its face the state of destination of the motor fueltransported in the vehicle as represented to the terminal operator at thetime the fuel transportation vehicle was loaded, or as otherwise providedin subdivision (3) of this subsection;
(2) Show and permit duplication of the shipping document by a lawenforcement officer, or representative of the director, upon request, whentransporting, holding or off-loading the motor fuel described in theshipping document;
(3) Deliver motor fuel described in the shipping document to a pointin the destination state shown on the face of the document unless theperson or the agent of the person does all of the following:
(a) Notifies the director before the earlier of removal from thestate in which the shipment originated, or the initiation of delivery, thatthe person received instructions after the shipping document was issued todeliver the motor fuel to a different destination state;
(b) Receives from the director a verification number authorizing thediversion; and
(c) Writes on the shipping document the change in destination stateand the verification number for the diversion;
(4) Provide a copy of the shipping document to the distributor orother person who controls the facility to which the motor fuel isdelivered; and
(5) Meet such other conditions as the director may reasonably requirefor the enforcement of this chapter. The director shall provide byregulation for handwritten designations and alternative procedures foroperators of tank wagons that have received motor fuel at a bulk plant fordelivery within or without this state.
2. Every person transporting motor fuel in fuel transportationvehicles upon the public highways of this state shall provide the originalor a copy of the terminal-issued shipping document accompanying theshipment to the operator of the retail outlet, bulk plant or bulk end userbulk storage facility to which delivery of the shipment was made.
3. Each operator of a motor fuel retail outlet, bulk plant or bulkend user bulk storage facility shall receive, examine, and retain for aperiod of thirty days at the delivery location the terminal-issued shippingdocument received from the transporter for every shipment of motor fuelthat is delivered to that location with record retention of the shippingpaper of three years required off-site. If the delivery location is anunattended location, the operator may retain the shipping documents at thenormal billing address of the operator.
4. No retail dealer, bulk plant operator, wholesale distributor orbulk end user shall knowingly accept delivery of motor fuel into bulkstorage facilities in this state if that delivery is not accompanied by ashipping paper issued by the terminal operator, or bulk plant operator asprovided by regulations, that sets out on its face this state as the stateof destination of the motor fuel or a diversion verification numberpursuant to section 142.917, and such other information as is requiredunder sections 142.926 and 142.929.
5. Any person who knowingly violates or knowingly aids and abetsanother to violate this section shall be jointly and severally liable forthe tax on the motor fuel transported or delivered.
6. Any person owning or operating a motor vehicle in violation ofthis section and section 142.926 and 142.929 shall be guilty of a class Bmisdemeanor for the first offense. For the second and each subsequentoffense, violators shall be guilty of a class A misdemeanor.
7. The director shall impose a civil penalty of one thousand dollarsfor the first occurrence of transporting motor fuel without adequateshipping papers annotated as required under this section and sections142.926 and 142.929. Each subsequent occurrence described in thissubsection is subject to a civil penalty of five thousand dollars.
8. The failure of the operator of a motor vehicle to have on board,once loaded and the transportation started, the proper shipping paperspursuant to this chapter, shall be presumptive evidence of a violationsufficient to warrant impoundment and seizure of the vehicle and its cargo.
