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Member |
I am not sure about California law, but I know that Biodiesel will get rid of the red dye used in Kerosene. I am not sure how they would determine that it was Biodiesel from dipping. Maybe sniffing.
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Even if they determined your tank has biodiesel, how would they know it's homebrew????
Short answer, they wouldn't. Thus it wouldn't stand in court. '05 CRD B100 '01 TDi B100 '83 240D B100  |
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Every time I hear this kind of crap it makes me angry. It just doesn't make sense. If they are saying you are burning biodiesel then it seems to me that you would be entitled to the $0.50 per gallon Fed Tax Credit for alternative fuels derived from WVO. But they won't let you take a credit for that unless you prove you can pass ASTM testing and get the proper permits to prove it is a suitable fuel ...hello, you are driving down the road with this in your tank ...isn't that proof enough that it is suitable? ...so they should let us pay the tax and get the rebate...if we don't pay the tax then we don't get the rebate...most people would end up with the credit more than offsetting the tax. But ...I know ...I know ...the taxes for the state go to the state and the credit is coming from the feds...the more free we get the more constrained we get.
...somebody remind our government that they are their for the people ...the people are not here for the government. ...stepping off my soapbox now. |
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Screw Em, go down and buy 5 gallons of b20 to b100 at the local station and keep the receipt. If anybody wants to know where you got the biodiesel show em that and tell em you don't drive much.
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member |
I don't know about California and home-brew biodiesel. According to the IRS the penalty for dyed fuel is by the gallon. It would be $3,000 if you have 300 gallons of dyed fuel in your fuel tank. From IRS Publication 510 (2008) Excise Taxes Penalty. A penalty is imposed on a person if any of the following situations apply. 1. Any dyed fuel is sold or held for sale by the person for a use the person knows or has reason to know is not a nontaxable use of the fuel. 2. Any dyed fuel is held for use or used by the person for a use other than a nontaxable use and the person knew, or had reason to know, that the fuel was dyed. 3. The person willfully alters, chemically or otherwise, or attempts to so alter, the strength or composition of any dye in dyed fuel. 4. The person has knowledge that a dyed fuel that has been altered, as described in (3) above, sells or holds for sale such fuel for any use for which the person knows or has reason to know is not a nontaxable use of the fuel. The penalty is the greater of $1,000 or $10 per gallon of the dyed diesel fuel or dyed kerosene involved. After the first violation, the $1,000 portion of the penalty increases depending on the number of violations. This penalty is in addition to any tax imposed on the fuel. Ken |
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Member |
I don't know but whatever gave them the right to bypass the search and seizure laws. You can't just stop somebody and dip their tank. You must have what is called a reasonable suspicion (not to be confused with probable cause). An officer may stop a person whom he has a reasonable suspicion that person has violated law. To search the laws go into many different directions. Most searches are done with consent of the owner. Searches may be done for an officer's immediate safety but that does not apply in the gas tank. That search is only allowed in the immediate grab area of the violator stopped. Does not apply. I could write a book here but I don't have time.
Long and short they need consent to dip the tank unless other circumstances prevail. I am not sure of the laws when it comes to big trucks. They fall under a different set of laws where consent was given prior to a permit. What they used to do was hold litmus paper in front of the tailpipe. That would indicate something other than D2 thus giving them them more ammunition for the dipping. Basically if they ask me I won't give consent. If they just dip it them I will fight it. I personally have not met anyone who has been dipped. I did have a DPS trooper hold the litmus paper in front of my tailpipe when I was too young to know what he was doing. Now days I would turn the truck off when he stopped me. |
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Member |
NEVER consent to ANY search ANY time ANY where, for ANY reason, in Michigan tank dipping is only done by the state weigh master, a division of the state police and there are about eight of these guys to cover the entire state and their entire focus is commercial trucking. |
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