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§ 119-42. Persons engaged in transporting required to have in possession an invoice, bill of sale or bill of lading.

§ 119‑42.  Personsengaged in transporting required to have in possession an invoice, bill of saleor bill of lading.

Every person hauling, transporting or conveying into, out of, orbetween points in this State any motor fuel and/or any liquid petroleum productthat is or may hereafter be made subject to the inspection laws of this Stateover either the public highways or waterways of this State, shall, during theentire time he is so engaged, have in his possession an invoice, or bill ofsale, or bill of lading showing the true name and address of the person fromwhom he has received the motor fuel and/or other liquid petroleum products, thekind, and the number of gallons so originally received by him, and the truename and address of every person to whom he has made deliveries of said motorfuel and/or other liquid petroleum products or any part thereof and the numberof gallons so delivered to each said person. Such person engaged intransporting said motor fuels and/or other petroleum products shall, at therequest of any agent of the Commissioner of Agriculture, exhibit for inspectionsuch papers or documents immediately, and if said person fails to produce saidpapers or documents or if, when produced, they fail to clearly disclose saidinformation, the agent of the Commissioner of Agriculture shall hold forinvestigation the vehicle and contents thereof. If investigation shows thatsaid motor fuels and/or other petroleum products are being transported inviolation of or without compliance with the motor fuel tax and/or inspectionlaws of this State such fuels and/or other petroleum products and the vehicleused in the transportation thereof are hereby declared common nuisances andcontraband, and shall be seized and sold and the proceeds shall go to thecommon school fund of the State: Provided, however, that this Article shall notbe construed to include the carrying of motor fuel in the supply tank ofvehicles which is regularly connected with the carburetor of the engine of thevehicle, except when said fuel supply tank shall have a capacity of more than100 gallons: And, provided further, that this section shall not be construed toinclude the carrying of motor fuel in the supply tank which is regularlyconnected with the carburetor of the engine of any vehicle operated byfranchise carriers engaged solely in the transportation of passengers to, fromand between points in North Carolina. (1937, c. 425, s. 25; 1939, c. 276, s. 3; 1949, c. 1167.)

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