207.1131 Determination of shipping paper violation; inspection.

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

Sec. 131.

(1)An inspection to determine a shipping paper violation under this act may be conducted by the department, the department of state police, the department of agriculture, agents of those departments, motor carrier inspectors, and any other law enforcement officers designated by the department through procedures established by the department including federal government employees or persons operating under a contract with the state.

(2)Upon presenting appropriate credentials, a person described in subsection

(1)may do any of the following:

(a)Conduct inspections and remove samples of motor fuel in order to:

(i)Determine whether diesel fuel is dyed and the nature and type of the dye or markers including the concentration of the dye.

(ii)Test motor fuel in order to determine whether the fuel meets American society for testing materials standards as published in the annual book of standards and its supplements.

(b)Conduct inspections to identify a shipping paper violation at any place where motor fuel is or may be produced, stored, or loaded into transport vehicles.

(3)An inspection shall be performed in a reasonable manner consistent with the circumstances, but prior notice is not required.

(4)An inspector may physically inspect, examine, or otherwise search any equipment, tank, reservoir, or other container that may be used for, or in connection with, the production, storage, or transportation of motor fuel.

(5)An inspector may demand a person to produce for immediate inspection the shipping papers, documents, and records required by this act to be kept by the person.

(6)An inspection may be performed at locations including, but not limited to, any of the following:

(a)A terminal.

(b)A fuel storage facility that is not a terminal.

(c)A retailer's place of business.

(d)On the public roads or highways.

(e)Highway rest stops.

(f)A marina.

(g)A designated inspection site. As used in this subdivision, "designated inspection site" includes any state highway or waterway inspection station, weigh station, agricultural inspection station, mobile station, or other location designated by the department, whether fixed or mobile.

(7)A uniformed inspector may reasonably detain a person, a motor vehicle, or other equipment transporting fuel in this state in order to determine whether the person is operating in compliance with this act. Detainment may continue for the time necessary to determine whether the person, motor vehicle, or other equipment is in compliance with this act.

(8)The department shall use only uniformed inspectors when making an inspection at a highway rest stop or on the public roads or highways.

History: 2000, Act 403 , Eff. Apr. 1, 2001