Dipping a Fuel Tank

[jk]

I suppose if the officer has some good cause to believe you are burning the fuel in a manner you are not entitled to, he can make the search.

do you believe the red dye that is left in the tailpipe (yes, it does show) is enough evidence to allow such a search?

[bigcountrysg]

Ok yes the red dye in the diesel can be seen by the naked eye. But not when it is in the tank. So they use a clear plastic tube to obtain a sample of the fuel from your tank. To me that would be a search.

I know running it on the highway is illegal. That is very well known. But what is being questioned is the possible illegal search of the fuel tank.

[BOR]

this isn't a clean air act issue (or at least is did not used to be. the use of low sulfer diesel may change this but this but...)BOR. It deals with tax fraud or evasion since there are no highway taxes on the red diesel.

Right, I read this also in the CFR link before I posted it, so the case law on that could prove beneficial also.

[jk]

I couldn't get the link to load so I could not check. Wasn;t meant as corrective but suggestive.

it still doesn't want to load. Does your link work for you?

[bigcountrysg]

DOT Officer states that if it is a commercial truck then it is free game. But private pick up trucks, the officer better have reasonable cause to do this with out consent or a warrant.

[jk]

Ok yes the red dye in the diesel can be seen by the naked eye. But not when it is in the tank. So they use a clear plastic tube to obtain a sample of the fuel from your tank. To me that would be a search.

I know running it on the highway is illegal. That is very well known. But what is being questioned is the possible illegal search of the fuel tank.

the dye leaves red residue in the tailpipe. They know if you have been using red diesel just by looking at your tailpipe.

[bigcountrysg]

the dye leaves red residue in the tailpipe. They know if you have been using red diesel just by looking at your tailpipe.

I did not know this. But I have never noticed this with my farm tractors.

[jk]

the revenuers notice it.

[cdwjava]

Knowing your state would help, because the standards for searches change slightly by federal circuit courts of appeal ... what the standard might be in California might not be the standard in Michigan, say. And some states might hold to a higher standard of expectation of privacy than the feds.

In general, I'd say if the officer could articulate that by his training and experience the red tint he observed on the exhaust is caused by the burning of this particular fuel, he might be able to justify a search. However, other variables might also come in to play including state law and regional circuit court interpretations.

- Carl

[aaron]

There are also some states that statutorily authorize a fuel check as part of any automobile safety check.