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§ 105-449.115A. Shipping document required to transport fuel by tank wagon.

§ 105‑449.115A. Shipping document required to transport fuel by tank wagon.

(a)        Issuance. – Aperson who operates a tank wagon into which motor fuel is loaded at theterminal must comply with the document requirements in G.S. 105‑449.115(b).A person who operates a tank wagon into which motor fuel is loaded from someother source must have an invoice, bill of sale, or shipping documentcontaining the following information and any other information required by theSecretary:

(1)        The name and addressof the person from whom the motor fuel was received.

(2)        The date the fuelwas loaded.

(3)        The type of fuel.

(4)        The gross number ofgallons loaded.

(b)        Duties ofTransporter. – A person to whom an invoice, bill of sale, or shipping documentwas issued must do all of the following:

(1)        Carry the invoice,bill of sale, or shipping document in the conveyance for which it is issuedwhen transporting the motor fuel described in it.

(2)        Show the invoice,bill of sale, or shipping document upon request when transporting the motorfuel described in it.

(3)        Keep a copy of theinvoice, bill of sale, or shipping document at a centralized place of businessfor at least three years from the date of delivery.

(c)        Sanctions. – Transportingmotor fuel in a tank wagon without an invoice, bill of sale, or shippingdocument containing the information required by this section is grounds for acivil penalty. The penalty is payable to the agency that assessed the penaltyand is payable by the person in whose name the tank wagon is registered. Theamount of the penalty is one thousand dollars ($1,000). A penalty imposed underthis subsection is in addition to any motor fuel tax assessed. (2002‑108, s. 16; 2005‑435,s. 17; 2007‑527, s. 16(c).)

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