"red Fuel" Check Points.

[Delaneyland]

It struck me after reading through so many posts from so many knowledgeable folks that this is where I should ask my question. In the last few years, Minnesota Commercial Enforcement officers have drastically increased the numbers of what they call "fuel checks". I drive an F-350 with the 7.3 in it and never stop just because I have questions about the legality of it all. I don't burn red fuel so I'm not worried about that, I just think it is a cheap shot for these guys to do this. As a retired police officer, I doubt the legality of what they do, to me, unless they have your consent or a warrant, there is no probably cause for a search. I cannot get any answers from any troopers I know and I have no terrific desire to contest the legality of it in court. Does anyone have any experience with these so called check points? Has anyone ever fought the process or said "no" at a checkpoint? I guess I'm old school, but I fail to find the legality of what they do and frankly, I think its kind of a chicken s#*t method of police work.

Doug

[theakerstwo]

A DOT compliance officer can stop you any time any were and do a check on you and your equipment with out a reason. If you are operating under the federal rules that is. If you are a privete vehicle not operating under their rules and not hauling freight for hire then i dont know what they can do.I dought they would bother you because you would not have a DOT # and that is were he starts at with when doing a inspection. Here in okla the state has inspectors out here doing ram checks for red fuel and they do check farmers with farm tags. glenn

[Timothy Maikshilo]

A DOT compliance officer can stop you any time any were and do a check on you and your equipment with out a reason. If you are operating under the federal rules that is. If you are a privete vehicle not operating under their rules and not hauling freight for hire then i dont know what they can do.I dought they would bother you because you would not have a DOT # and that is were he starts at with when doing a inspection. Here in okla the state has inspectors out here doing ram checks for red fuel and they do check farmers with farm tags. glenn

i

Here in VT. they have been checking for off road fuel for a few years. I've been stopped before in the big truck and one or two farmers have got nailed in a big truck and even pickups. Border crossings are a favorite. Tim

[monty]

i

Here in VT. they have been checking for off road fuel for a few years. I've been stopped before in the big truck and one or two farmers have got nailed in a big truck and even pickups. Border crossings are a favorite. Tim

what is this red fuel? and what the big deal?

-Monty

[Bollweevil]

It is an IRS issue, [ tax evasion ] Refusal to allow inspection, carries a $1,000.00 penalty plus being detained until the vehicle is inspected. If the vehicle is found to have off road fuel, the penalty is either @1,000.00 or $10.00 per gallon of fuel on board, which ever is greater. [ estimated ] In addition the offended state collects the unpaid tax on the fuel on board. [ estimated ] This might not happen every time, but it is allowed for by law. Ultimately, the result of being in the wrong place at the right time with the wrong fuel, is up to whoever is doing the inspection. I have been checked once in 28 years, in Colorado. It seems to be somewhat more of an issue in farm areas. What's the use of being an OUTLAW, if you can't terrify somebody? Being terrorized yourself just ain't right.

[Bollweevil]

what is this red fuel? and what the big deal?

-Monty

It is fuel which is intended for off road use, like construction or farming. It has a higher sulfur content, and contains a red dye to identify it. Also there are not supposed to be road taxes imposed. I have been in the situation in NM. Where after filling the reefer tank on my trailer. I had to pay more for the off road fuel, due to a different tax structure. That was the last time I asked for an off road discount in NM.

[123]

Dyed diesel is ULSD, just like all the crappy highway fuel....

The don't check here much, but I do hear about it once in a while. I don't bother, I run highway diesel in my powerstroke.

I could get bulk dyed diesel delivered for 2.19 over the weekend. Theres 45-50 cents tax added to get to highway fuel. Why is it still 3.15 at the pumps!!?!?!?!

[Delaneyland]

Maybe I wasn't clear in my original post. What I want to know is what gives the right for them to check if you've got red fuel? The last I looked, the exceptions to a search warrant were consent, probable cause, flight risk, or plain sight. Seems to me its no different than a cop digging through your car, sleeper, camper, whatever, in which case the evidence against you would be thrown out. I just don't understand how these guys can force you to look at the color of your fuel. Like I said, I've never stopped at a checkpoint, and probably never will because I believe it violates my rights to be free of search and seizure as granted by our Constitution. Maybe I'm just an idiot, but I truly feel our rights are essential for a free society and if we give our rights away, we are screwed.

[GearheadGrrrl]

[quote name='Delaneylan Like I said, I've never stopped at a checkpoint, and probably never will because I believe it violates my rights to be free of search and seizure as granted by our Constitution.

[GearheadGrrrl]

[quote name='Delaneylan Like I said, I've never stopped at a checkpoint, and probably never will because I believe it violates my rights to be free of search and seizure as granted by our Constitution.

[GearheadGrrrl]

[quote name='Delaneylan Like I said, I've never stopped at a checkpoint, and probably never will because I believe it violates my rights to be free of search and seizure as granted by our Constitution.

Running a checkpoint will get you in even more trouble- up to and including felony charges in MN. The police need a search warrant to enter a building, but not to open the fuel cap on a vehicle and look at the fuel.

[theakerstwo]

[quote name='Delaneylan Like I said, I've never stopped at a checkpoint, and probably never will because I believe it violates my rights to be free of search and seizure as granted by our Constitution.

Running a checkpoint will get you in even more trouble- up to and including felony charges in MN. The police need a search warrant to enter a building, but not to open the fuel cap on a vehicle and look at the fuel.

And on top of that we pay them to do that and if there is some way for them to check and see if you have paid your tax with out checking the color of your fuel they would not have to stop you. You may be able to get the law changed but then that leads into other problems like DOT would not be able to stop drivers and check logs then some day the roads could get dangerous. glenn

[Bollweevil]

Maybe I wasn't clear in my original post. What I want to know is what gives the right for them to check if you've got red fuel? The last I looked, the exceptions to a search warrant were consent, probable cause, flight risk, or plain sight. Seems to me its no different than a cop digging through your car, sleeper, camper, whatever, in which case the evidence against you would be thrown out. I just don't understand how these guys can force you to look at the color of your fuel. Like I said, I've never stopped at a checkpoint, and probably never will because I believe it violates my rights to be free of search and seizure as granted by our Constitution. Maybe I'm just an idiot, but I truly feel our rights are essential for a free society and if we give our rights away, we are screwed.

Have you never been through a drivers license check? By applying for and accepting a drivers license, and agreeing to have it with you while driving, you also agree to having the state stop you and check your license. It is the same with auto registration. In states with mandatory insurance, you agree to keep insurance on the automobile when you register it. The state HAS every right to check you for compliance. In the case of commercial carriers, when you receive a commercial carriers license you agree to abide by all the law concerning commercial carriers. When you pull up to a pump, that is clearly marked OFF ROAD ONLY the implication is #1 that you can read, #2 that you agree by pumping the fuel to use it off road. Since this clearly a tax issue, administrated by the United States Internal Revenue Service, you should also be fully aware that they do not need a reason, or excuse to make your life just as DAMN miserable as they can. p.s. I don't like it either.