411.402 Civil liability for theft of motor fuel -- Penalties -- Notice of nonpayment.

353 words·~2 min read·/ky/chapter-411/411-402

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)The owner of a vehicle that receives motor fuel from a retail facility without making

proper payment is liable to the retailer for the price of the motor fuel received, in

addition to a service charge of thirty dollars ($30). This service charge may be

imposed when notice is mailed under subsection

(3)of this section, if the notice of

the service charge was conspicuously displayed on the premises from which the

motor fuel was received. The notice shall include a statement that civil penalties

will be imposed if payment is not received within thirty

(30)days. Only one

service charge may be imposed under this section for each incident.

(2)If the price of the motor fuel received and the service charge are not paid within

thirty

(30)days after the retailer has mailed the notice under subsection

(3)of this

section, the owner is liable to the retailer for:

(a)The price of the motor fuel received;

(b)The service charge as provided in subsection

(1)of this section; and

(c)A civil penalty in the amount of the greater of:

1. The price of the motor fuel received; or

2. One hundred dollars ($100).

(3)Notice of nonpayment that includes a copy of KRS 411.400 to 411.406 and a

description of its penalties shall be sent by the retailer to the owner by certified

mail, to the address indicated by records obtained under KRS 411.406. The notice

shall include a signed statement by the retailer or the employee of the retailer who

reported the act, surveillance video photographs or other photographic evidence, the

date and time of the occurrence, and the license plate number of the vehicle.

(4)If within the thirty

(30)day period referred to in subsection

(2)of this section the

owner sends written notice to the retailer disputing the retailer's claim that the

owner received motor fuel from the retailer without making proper payment, the

retailer may collect the price of the motor fuel in accordance with KRS 411.404.

Upon receipt of this notice from the owner, the retailer shall cease all collection

efforts.