Louisiana Administrative Code
Title 61 - REVENUE AND TAXATION
Part I - Taxes Collected and Administered by the Secretary of Revenue
Chapter 35 - Petroleum Products: Provisions Common to Taxes on Gasoline or Motor Fuel and Lubricating Oils
Section I-3501 - Designated Routes
Universal Citation: LA Admin Code I-3501
Current through Register Vol. 50, No. 9, September 20, 2024
A. Anyone, other than common or contact carriers licensed by the Interstate Commerce Commission and who files monthly reports under provision of R.S. 47:783, who transports gasoline upon Louisiana highways into or from a state which has a lower tax rate than Louisiana, may do so only on designated routes authorized by the secretary.
1. The interstate transportation of gasoline
on highways other than those designated by the secretary is strictly prohibited
unless special authority to use alternate routes has been obtained from the
secretary, who, at his discretion, may deny such requests.
2. The transportation of gasoline from any
state into Louisiana on any highway is prohibited except:
a. when the carrier is bonded in Louisiana as
a dealer or jobber of gasoline; or
b. when the payment of the tax has been
assumed by the out-of-state supplier who is bonded as a dealer; or
c. when the gasoline being transported by
common and contract carrier is consigned to or title is held by a dealer or
jobber of gasoline.
B. Responsibilities of Bulk Carriers of Gasoline
1. Request to Transport Gasoline on
Designated Routes
a. A written request to the
secretary must be made 10 days prior to any interstate movements of gasoline.
Any request for deviation from assigned designated route must be made five days
prior to movement of gasoline. The request is to be sent to the Excise Tax
Section (formerly called the Petroleum, Beverage and Tobacco Tax Section), Box
201, Baton Rouge, Louisiana 70821, and must include the following information:
i. name and address of the person or company
who will be transporting the gasoline;
ii. points of origin of gasoline;
iii. points of destination of
gasoline;
iv. number of trucks that
will be transporting the gasoline from or into Louisiana;
v. routes normally used at present
time.
b. Upon receipt of
application, if in order, authorization cards will be issued by the secretary.
This authorization is continuous until revoked, withdrawn, or
surrendered.
2.
Authorization Cards. Authorization cards will be issued for all vehicles
transporting gasoline into or from Louisiana. A card must be kept at all times
in each vehicle while transporting gasoline into or from Louisiana. This card
cannot be transferrable from one transporter to another. If this authorization
is revoked, withdrawn, or surrendered, these cards must be returned to the
secretary.
3. Requirements for
Transporting Bulk Gasoline on the Louisiana Highways by All Vehicles Other Than
Common or Contract Carriers
a. To properly
identify gasoline being transported on Louisiana highways, a person must have
in his possession, a currently dated invoice, bill of lading, or manifest which
must show the following information:
i. the
sellers' and purchasers' name and address;
ii. the origin of the gasoline being
transported;
iii. the destination
or destinations of the gasoline;
iv. the designated routes to be followed when
importing or exporting gasoline;
v.
the quantity of gasoline.
b. Also those vehicles involved in the
interstate transportation of gasoline from or to a state which has a lower tax
rate than does Louisiana must have authorization cards from the secretary,
designating the route or routes and must be in agreement with the route or
routes shown on the invoice, bill of lading, or manifest.
4. Penalty for Failure to Comply
a. Any person transporting gasoline shall, at
the request of the secretary of the Department of Revenue and Taxation or his
authorized agents or any weights or standard police officers of the Department
of Transportation and Development, produce and offer for investigation, one of
the documents referred to in
§3501. B.3 Failure to
produce one of these documents at the time of inspection or if when produced it
fails to disclose the information required, shall be prima facie evidence of a
violation.
b. Any person found to
be in violation of the statutory provisions and these regulations shall be
fined $5,000 for the first offense, and $10,000 for each succeeding offense, or
forfeiture and seizure of the vehicle and its cargo.
AUTHORITY NOTE: Promulgated in accordance with R.S. 47:786.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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