Dyed special fuel - Administrative fees - Inspections - Penalty - Consumer advisory
N.D. Cent. Code § 57-43.2-41
in effect57-43.2-41. Dyed special fuel - Administrative fees - Inspections - Penalty - Consumer
advisory.
1. Special fuel dyed for federal motor fuel tax exemption purposes is subject to the tax
imposed by section 57-43.2-03 and, unless otherwise provided in this section, may not
be used in the fuel supply tank of a licensed motor vehicle. The owner or operator of a
licensed motor vehicle found to contain dyed special fuel in the fuel supply tank of that
vehicle is subject to the tax imposed by section 57-43.2-02 to be determined based on
the capacity of the fuel supply tank of the licensed vehicle involved and is subject to
administrative fees as follows:
a. A five hundred dollar fee for the first violation.
b. A two thousand dollar fee for a second violation occurring within three years of a
previous violation.
c. A four thousand dollar fee for a third violation occurring within three years of two
previous violations.
d. A ten thousand dollar fee for the fourth and subsequent violations occurring within
three years of three or more previous violations.
2. Special fuel found in the fuel supply tank of a licensed motor vehicle shall be
considered dyed if the fuel contains traces of the dye in an amount sufficient to be
found in violation of federal laws and rules.
3. For purposes of enforcing the provisions of this section, the highway patrol, by
agreement with the commissioner, may:
a. Stop, detain, and inspect a licensed motor vehicle and withdraw a sample of fuel
from the fuel supply tank of the vehicle in a manner and in a quantity sufficient to
determine whether the fuel is a special fuel and to determine the dye content of
the fuel.
b. Physically inspect, examine, or otherwise search any tank, reservoir, or other
container that can or may be used for the production, storage, or transportation of
any type of fuel for coloration, markers, and shipping papers.
Any attempt by a person to prevent, stop, or delay an inspection of fuel or shipping
papers by the highway patrol is subject to a civil penalty of not more than one
thousand dollars per occurrence.
4. The highway patrol may issue a citation covering any violation of this section, and the
person receiving a citation has the right to a hearing before the tax commissioner in
the manner provided in chapter 28-32 if, within thirty days after receiving a citation, the
person requests a hearing.
5. This section does not apply to:
a. A person who purchased dyed special fuel in another state or Canadian province
and imported that fuel into the state in the supply tank of a licensed motor vehicle
provided the state or Canadian province where the fuel was purchased does not
prohibit its use in that vehicle.
b. A state or local government using dyed special fuel in licensed vehicles for
purposes of construction, reconstruction, repair, or maintenance of public roads
or highways.
6. All administrative fees or civil penalties under this section may be completely or
partially waived by the tax commissioner for good cause shown, and any fees or
penalties not waived must be collected by the tax commissioner and transferred to the
state treasurer and deposited in the state highway fund.
7. The tax commissioner shall prescribe the size and contents of a sticker to be affixed to
pumps dispensing dyed special fuel to advise consumers of the administrative fee
imposed for a first violation of this section for use of dyed special fuel in the fuel supply
tank of a licensed motor vehicle. A retailer of dyed special fuel shall affix the prescribed
sticker to every pump on the retailer's premises dispensing dyed special fuel.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t57c43-2.pdf#nameddest=57-43p2-41Fetched: 10/16/2026