§ 47:718 — Gasoline or motor fuel imported in a vehicle's reservoir and used within this state

§718. Gasoline or motor fuel imported in a vehicle's reservoir and used within this state
A.(1) Any gasoline or motor fuel brought into the state in the fuel supply tank or fuel
reservoir of a motor vehicle, except automobiles, by an interstate user shall be liable for the
taxes levied under R.S. 47:711 without the benefit of the allowance for losses in handling
provided under R.S. 47:719 nor payment of the inspection fee imposed under R.S. 3:4684.
(2) An interstate user is a person who imports gasoline or motor fuel into this state
in the fuel supply tanks of motor vehicles owned or operated by him, except automobiles.
(3) An interstate user who has furnished a surety bond required of dealers under R.S.
47:725, shall file, with the collector within twenty days after the expiration of each month,
a report of each operating vehicle, except automobiles, traveling interstate during the
preceding month. Such report shall include the total miles traveled in all the states, the total
number of miles traveled in the state of Louisiana and the surrounding states, and the total
number of gallons consumed by each motor vehicle based on overall operations together with
such information as the collector of revenue may require.
B.(1) In order to enforce the provisions of this Section, the secretary or his
authorized representative, or any commissioned officer employed by the office of state police
or by the Department of Transportation and Development is empowered to stop any motor
vehicle which appears to be operating with gasoline or motor fuel for the purpose of
examining the invoices and for such other investigative purposes reasonably necessary to
determine whether the vehicle is being operated in compliance with the provisions of this
Section.
(2) If, after such examination or investigation, it is determined by the secretary or his
authorized representative or any weights and standards police officer that the tax imposed
by this Section has not been paid with respect to the gasoline or motor fuel being used in the
vehicle, the secretary or his representative or any weights and standards police officer shall
immediately assess the tax due together with a penalty of fifty dollars to the owner of the
vehicle and give the owner written notice of the assessment by handing it to the driver of the
vehicle.
(3) The secretary or his representative or any weights and standards police officer is
hereby empowered to impound any vehicle found to be operating in violation of this Section
by a person other than one who has furnished the bond required of dealers by R.S. 47:725
until such time as any tax and penalty assessed as provided herein has been paid.
(4) Upon issuance of the written notice of assessment in the form of a violation ticket
by the secretary or his representative or any weights and standards police officer, the
procedure for collection and payment of the penalty assessed shall be the same as that
provided for the payment and collection of penalty in R.S. 32:389(C).
C. All penalties collected for violation of this Section shall be paid to the secretary
of the Department of Public Safety and Corrections, or the Department of Transportation and
Development, whichever agency issued the violation ticket, who shall pay said penalties into
the state treasury on or before the twenty-fifth day of each month following their collection
and, in accordance with Article VII, Section 9 of the Constitution of Louisiana shall be
credited to the Bond Security and Redemption Fund. After a sufficient amount is allocated
from that fund to pay all obligations secured by the full faith and credit of the state which
become due and payable within any fiscal year, the treasurer shall pay an amount equal to the
fees paid into the Bond Security and Redemption Fund pursuant to this Subsection into the
Transportation Trust Fund.

Legislative History

Amended by Acts 1976, No. 555, §1, eff. Jan. 1, 1977; Acts 1978, No. 113, §1, eff. June 22, 1978; Acts 1984, No. 769, §1, eff. Jan. 1, 1985; Acts 1985, No. 551, §1, eff. July 12, 1985; Acts 1992, No. 984, §18; Acts 1997, No. 1186, §4; Acts 2001, No. 1185, §7, eff. July 1, 2001; Acts 2003, No. 139, §2, eff. May 28, 2003; Acts 2010, No. 320, §4, eff. July 1, 2010; Acts 2021, No. 384, §§4, 5, eff. July 1, 2022.