41A.01.100 Common or Contract Carrier; License Required; Records; Diverted Loads; Commissioner to Audit Records

(a) A common or contract carrier shall obtain a license issued by the Commissioner. The application for a license must be made on a form prescribed by the Commissioner and contain the information required by the Commissioner.

(b) A common or contract carrier transporting special fuel in a vehicle, railcar, or vessel into the jurisdiction of the Tribe from another jurisdiction shall insure that a bill of lading indicating a destination within the jurisdiction of the Tribe has been issued by the terminal or bulk plant from which the fuel was removed. If the bill of lading issued by the terminal or the bulk plant indicates a destination outside the jurisdiction of the Tribe, the transporter shall issue a diversion ticket indicating within the jurisdiction of the Tribe. If a bill of lading was not issued by the terminal or bulk plant, the transporter shall issue a bill of lading for each shipment indicating a destination within the Jurisdiction of the Tribe. A copy of a diversion ticket and bill of lading prepared by the transporter shall be mailed, faxed, or electronically transmitted to the Commissioner before the fuel enters the jurisdiction of the Tribe.

(c) A common or contract carrier transporting special fuel within the jurisdiction of the Tribe shall provide a copy of the bill of lading accompanying the shipment, along with any drop load tickets and diversion tickets issued for the delivered fuel to the refiner, supplier, distributor, importer, retailer, or consumer to whom delivery of the shipment was made.

(d) A refiner, supplier, distributor, importer, retailer or consumer may not knowingly accept delivery of special fuels into storage facilities within the jurisdiction of the Tribe if that delivery is not accompanied by a bill of lading or diversion ticket issued by the terminal operator, bulk plant operator, or transporter which specifically indicates a destination within the jurisdiction of the Tribe.

(e) If a common or contract carrier unloads only a portion of a shipment at a location or if the load is loaded at a location other than what is indicated in the bill of lading or diversion ticket, the transporter shall issue a drop ticket. If the fuel is dropped at more than one location, the drop load ticket must identify the name and address of all locations and type of fuel and gallonage dropped. A copy of the ticket must be maintained on board and a copy must accompany the bill of lading that is provided to the refiner, supplier distributor, importer, retailer, or consumer taking delivery of the fuel.

(f) The Commissioner may audit the records of the common or contract carrier. whether or not licensed by the Commissioner, and may impose such penalties as authorized by this chapter.