§ 47-3-3.1. Delivery of fuel oil — Fraud — Penalty.
(a)(1) Whoever sells or delivers fuel oil in quantities of twenty (20) gallons or over shall cause a delivery ticket, which shall consist of an original and at least one carbon copy thereof, to be issued. The ticket shall be serially numbered for the purpose of identification and shall have:
(i) Delivery date;
(ii) Name and address of the seller; and
(iii) Name of purchaser legibly recorded on the ticket prior to delivery of the fuel oil.
(2) Upon completion of delivery, the ticket should include:
(i) Statement of quantity of fuel delivered by sealed meter device in gallons and fractions thereof, if any;
(ii) Price per gallon unless purchaser has requested that price not be shown;
(iii) Grade of fuel oil; and
(iv) Identity of person making the delivery.
(3) One copy of the ticket shall be delivered to the purchaser or his or her agent at the time of delivery of the oil, unless the purchaser has requested or initiates a request that the vendor deliver the ticket to another person or location, or that the delivery of the ticket be made at another time. Another copy of the ticket shall be retained by the seller for a period of three (3) years to be in compliance with division of taxation regulations of the state.
(b) The director of the department of labor and training shall be authorized to enter and go into or upon, at the time of delivery of fuel oil, without warrant, any vehicle to inspect or examine the metering system, vehicle tank compartments, and delivery tickets then in the actual possession or under the control of the person making the delivery and may seize, without warrant, any delivery tickets suspected of constituting a deceptive or fraudulent practice. No copy of the retained delivery ticket shall be destroyed, but may be voided and kept on file.
(c)(1) On deliveries of fuel oils made through a meter, the quantity determinations of the oil delivered shall be mechanically printed on the ticket at the time of delivery. A sales sequence number shall also be mechanically printed on the ticket by the ticket printing mechanism of the metering system unless the printing mechanism is of the cumulative type. The sales sequence number shall not be returnable to zero until it has reached its highest attainable number.
(2) Only one delivery ticket may be inserted into the ticket printing mechanism, and in the case of vehicle tank meters, the ticket shall not be inserted until immediately before a delivery is begun, and in no case shall a ticket be left in the printing mechanism when the vehicle is in motion while on a public street, highway, or thoroughfare. The possession of a preprinted ticket imprinted with a gallon amount in advance of delivery shall be prima facie evidence of intent to use the ticket in violation of this section.
(3) Deliveries of fuel oil made from vehicle tank compartments, not measured at the time of sale by a sealed metering system, shall be made only from calibrated compartments which are filled to an indicator that has been sealed by a sealer or inspector of weights and measures. The preceding sentence shall not apply to the transfer, exchange, or sale of fuel oil which is being transported between bulk storage facilities, or to a purchaser who initiates a request in writing that he or she wishes to accept a carbon copy of the bulk storage metered loading ticket.
(d) Penalties.(1) Whoever violates any provision of this section shall be punished for the first offense, by a fine of not more than one thousand dollars ($1,000); for the second offense, by a fine of two thousand dollars ($2,000); and for each subsequent offense, by a fine of four thousand dollars ($4,000) and/or imprisonment for not more than six (6) months.
(2) Whoever alters or substitutes a delivery ticket for fraudulent or deceptive purposes shall be punished by a fine of not less than one thousand dollars ($1,000) nor more than three thousand dollars ($3,000), or by imprisonment for not more than three (3) years, or both.
(3) In addition to the foregoing penalties, anyone found guilty of violating the provisions of this section shall also be liable civilly to the person defrauded for an amount equal to three (3) times the dollar amount of the cost of the fuel oil of which the party was defrauded.
(e) Definitions. Whenever in this section, unless otherwise defined, the words “fuel oil” or “petroleum products” are used, they shall be construed to be home heating fuels.
History of Section.P.L. 1983, ch. 266, § 2; P.L. 1984, ch. 301, § 1; P.L. 1984, ch. 337, § 1; P.L. 1988, ch. 84, § 118; P.L. 2007, ch. 340, § 65.