67-3-802 - Shipping paper to be carried on board.
67-3-802. Shipping paper to be carried on board.
(a) Each person transporting petroleum products in a transport truck upon the public highways of this state shall:
(1) Carry on board the shipping paper issued by the refinery operator, the terminal operator or the bulk plant operator of the facility where the petroleum product was obtained, whether within or without this state;
(2) Show and permit duplication of the shipping paper by any law enforcement officer or representative of the department, upon request, when transporting, holding or off-loading the products described in the shipping paper;
(3) Deliver products described in the shipping paper to a point or points in the destination state shown on the face of the shipping paper, unless the person or the person's agent does all of the following:
(A) Notifies the department or its nominee, before the earlier of:
(i) Removal from the state in which the shipment originated; or
(ii) The initiation of delivery, that the person received instructions after the shipping paper was issued to deliver the petroleum product to a different destination state;
(B) Receives from the commissioner a verification number authorizing the diversion; and
(C) Writes on the shipping paper the change in destination state and the verification number for the diversion;
(4) Provide a copy of the shipping paper to the wholesaler, retailer or other person who controls the facility to which the petroleum products is delivered; and
(5) Meet such other conditions or take such other actions as the department may reasonably require by regulation for the enforcement of this chapter.
(b) The department may in its discretion provide an advance notification procedure for documentation supporting the import of petroleum products where the importer is unable to obtain terminal-issued shipping papers that comply with this section.
(c) The commissioner may assess a civil penalty in an amount equal to the taxes and fees on the product, without regard to any exemption or dye, or one thousand dollars ($1,000), whichever is greater, for each violation, against a person who fails to comply with this section.
[Acts 1997, ch. 316, § 1; T.C.A., § 67-3-1902.]