Section 142.941

Title X TAXATION AND REVENUE

Chapter 142

Effective - 28 Aug 2014   

  142.941.  Inspections, requirements, limitations. — 1.  The director, his or her agents or appointees, including federal government employees or persons operating under contract with this state, upon presenting appropriate credentials may conduct inspections and remove samples of fuel to determine the coloration of diesel fuel, or to identify shipping paper violations at any place where motor fuel is or may be produced, stored or loaded into transport vehicles.  Inspections shall be performed in a reasonable manner consistent with the circumstances, but in no event is prior notice required.  Inspectors may physically inspect, examine or otherwise search any tank, reservoir, or other container that can or might be used for the production, storage, or transportation of fuel.  Inspections may be made of any equipment used for, or in connection with, the production, storage, or transportation of fuel.  Upon demand by the inspectors all shipping papers, documents and records required to be kept by a person transporting fuel shall be produced for immediate inspection.  The places where inspections may occur include, but are not limited to:

  (1)  A terminal;

  (2)  A fuel storage facility that is not a terminal;

  (3)  A retail fuel facility;

  (4)  Highway rest stops; or

  (5)  A designated inspection site.  For purposes of this section, a "designated inspection site" means any state highway or waterway inspection station, weigh station, agricultural inspection station, mobile station, or other location designated by the director, either fixed or mobile.

  2.  Notwithstanding the provisions of subsection 1 of this section to the contrary, in no event shall the director, his agents or appointees, including federal government employees or persons operating under contract with this state, conduct inspections and remove samples of fuel to determine the coloration of diesel fuel from any individual who is not holding the fuel for wholesale or retail sale, and who is not located at a terminal, a fuel storage facility that is not a terminal, a retail fuel facility, a highway rest stop, or a designated inspection site, unless the director, his or her agents or appointees, including federal government employees or persons operating under contract with this state, have reasonable suspicion to believe that violations under this chapter are being committed at a location not listed in this subsection.

  3.  Inspections to determine violations under this chapter may be conducted by the agents and appointees of the director, the Missouri department of public safety, the Missouri department of agriculture, and motor carrier inspectors in this state in addition to their duties otherwise defined, and any other law enforcement officer through procedures established by the director.  Agents and appointees of the director have the same power and authority provided to authorized personnel under the applicable statute.

  4.  Inspectors may reasonably detain any person or equipment transporting fuel in or through this state for the purpose of determining whether the person is operating in compliance with the provisions of this chapter and any rules and regulations promulgated pursuant to this chapter.  Detainment may continue for such time only as is necessary to determine whether the person is in compliance.

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(L. 1998 S.B. 619, A.L. 2014 S.B. 842)