9002 - Definitions.

     § 9002.  Definitions.        The following words and phrases when used in this chapter     shall have the meanings given to them in this section unless the     context clearly indicates otherwise:        "Alternative fuels."  Natural gas, compressed natural gas     (CNG), liquified natural gas (LNG), liquid propane gas and     liquified petroleum gas (LPG), alcohols, gasoline-alcohol     mixtures containing at least 85% alcohol by volume, hydrogen,     hythane, electricity and any other fuel used to propel motor     vehicles on the public highways which is not taxable as fuels or     liquid fuels under this chapter.        "Alternative fuel dealer-user."  Any person who delivers or     places alternative fuels into the fuel supply tank or other     device of a vehicle for use on the public highways.        "Association."  A partnership, limited partnership or any     other form of unincorporated enterprise owned by two or more     persons.        "Average wholesale price."  The average wholesale price per     gallon of all taxable liquid fuels and fuels, excluding the     Federal excise tax and all liquid fuels taxes, as determined by     the Department of Revenue for the 12-month period ending on the     September 30 immediately prior to January 1 of the year for     which the rate is to be set. In no case shall the average     wholesale price be less than 90¢ nor more than $1.25 per gallon.        "Cents-per-gallon equivalent basis."  The average wholesale     price per gallon multiplied by the decimal equivalent of any tax     imposed by section 9502 (relating to imposition of tax), the     product of which is rounded to the next highest tenth of a cent     per gallon. The rate of tax shall be determined by the     Department of Revenue on an annual basis beginning every January     1 and shall be published as a notice in the Pennsylvania     Bulletin no later than the preceding December 15. In the event     of a change in the rate of tax imposed by section 9502, the     department shall redetermine the rate of tax as of the effective     date of such change and give notice as soon as possible.        "Corporation."  A corporation or joint stock association     organized under the laws of this Commonwealth, the United States     or any other state, territory or foreign country or dependency.        "Dealer."  Any person engaged in the retail sale of liquid     fuels or fuels.        "Department."  The Department of Revenue of the Commonwealth.        "Diesel fuel."  Any liquid, other than liquid fuels, which is     suitable for use as a fuel in a diesel-powered highway vehicle.     The term includes kerosene.        "Distributor."  Any person that:            (1)  Produces, refines, prepares, blends, distills,        manufactures or compounds liquid fuels or fuels in this        Commonwealth for the person's use or for sale and delivery in        this Commonwealth.            (2)  Imports or causes to be imported from any other        state or territory of the United States or from a foreign        country liquid fuels or fuels for the person's use in this        Commonwealth or for sale and delivery in and after reaching        this Commonwealth, other than in the original package,        receptacle or container.            (3)  Imports or causes to be imported from any other        state or territory of the United States liquid fuels or fuels        for the person's use in this Commonwealth or for sale and        delivery in this Commonwealth after they have come to rest or        storage in the other state or territory, whether or not in        the original package, receptacle or container.            (4)  Purchases or receives liquid fuels or fuels in the        original package, receptacle or container in this        Commonwealth for the person's use or for sale and delivery in        this Commonwealth from any person who has imported them from        a foreign country.            (5)  Purchases or receives liquid fuels or fuels in the        original package, receptacle or container in this        Commonwealth for the person's use in this Commonwealth or for        sale and delivery in this Commonwealth from any person who        has imported them from any other state or territory of the        United States if the liquid fuels or fuels have not, prior to        purchase or receipt, come to rest or storage in this        Commonwealth.            (6)  Receives and uses or distributes liquid fuels or        fuels in this Commonwealth on which the tax provided for in        this chapter has not been previously paid.            (7)  Owns or operates aircraft, aircraft engines or        facilities for delivery of liquid fuels to aircraft or        aircraft engines and elects, with the permission of the        Secretary of Revenue, to qualify and obtain a permit as a        distributor.            (8)  Exports liquid fuels or fuels other than in the fuel        supply tanks of motor vehicles.        "Dyed diesel fuel."  Any liquid, other than liquid fuels,     which is suitable for use as a fuel in a diesel-powered highway     vehicle and which is dyed pursuant to Federal regulations issued     under section 4082 of the Internal Revenue Code of 1986 (Public     Law 99-514, 26 U.S.C. § 4082) or which is a dyed fuel for     purposes of section 6715 of the Internal Revenue Code of 1986     (26 U.S.C. § 6715).        "Export."  Accountable liquid fuels or fuels delivered out of     State by or for the seller constitutes an export by the seller.     Accountable liquid fuels or fuels delivered out of State by or     for the purchaser constitutes an export by the purchaser.        "Fuels."  Includes diesel fuel and all combustible gases and     liquids used for the generation of power in aircraft or aircraft     engines or used in an internal combustion engine for the     generation of power to propel vehicles on the public highways.     The term does not include liquid fuels or dyed diesel fuel.        "Gallon equivalent basis."  The amount of any alternative     fuel as determined by the department to contain 114,500 BTU's.     The rate of tax on the amount of each alternative fuel as     determined by the department under the previous sentence shall     be the current liquid fuels tax and oil company franchise tax     applicable to one gallon of gasoline.        "Highway."  Every way or place open to the use of the public,     as a matter of right, for purposes of vehicular travel.        "Import."  Accountable liquid fuels or fuels delivered into     this Commonwealth from out of State by or for the seller     constitutes an import by the seller. Accountable liquid fuels or     fuels delivered into this Commonwealth from out of State by or     for the purchaser constitutes an import by the purchaser.        "Liquid fuels."  All products derived from petroleum, natural     gas, coal, coal tar, vegetable ferments and other oils. The term     includes gasoline, naphtha, benzol, benzine or alcohols, either     alone or when blended or compounded, which are practically and     commercially suitable for use in internal combustion engines for     the generation of power or which are prepared, advertised,     offered for sale or sold for use for that purpose. The term does     not include kerosene, fuel oil, gas oil, diesel fuel, tractor     fuel by whatever trade name or technical name known having an     initial boiling point of not less than 200 degrees fahrenheit     and of which not more than 95% has been recovered at 464 degrees     fahrenheit (ASTM method D-86), liquified gases which would not     exist as liquids at a temperature of 60 degrees fahrenheit and     pressure of 14.7 pounds per square inch absolute or naphthas and     benzols and solvents sold for use for industrial purposes.        "Magistrate."  An officer of the minor judiciary. The term     includes a magisterial district judge.        "Mass transportation systems."  Persons subject to the     jurisdiction of the Pennsylvania Public Utility Commission and     municipality authorities that transport persons on schedule over     fixed routes and derive 90% of their intrastate scheduled     revenue from scheduled operations within the county in which     they have their principal place of business or with contiguous     counties.        "Permit."  A liquid fuels permit or a fuels permit.        "Person."  Every natural person, association or corporation.     Whenever used in any provision prescribing and imposing a fine     or imprisonment, the term as applied to associations means the     partners or members and as applied to corporations means the     officers thereof.        "Sale" and "sale and delivery."  Includes the invoicing or     billing of liquid fuels or fuels free of tax as provided in     section 9005 (relating to taxpayer) from one distributor to     another regardless of whether the purchasing distributor is an     accommodation party for purposes of taking title or takes actual     physical possession of the liquid fuels or fuels.        "Secretary."  The Secretary of Revenue of the Commonwealth.     (Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)        2004 Amendment.  Act 207 amended the def. of "magistrate."     See sections 28 and 29 of Act 207 in the appendix to this title     for special provisions relating to applicability and     construction of law.        Special Provisions in Appendix.  See section 21(d) of Act 3     of 1997 in the appendix to this title for special provisions     relating to computation of "cents-per-gallon equivalent basis."        Cross References.  Section 9002 is referred to in section     9602 of this title.