28-5645. Dyed diesel use; violation; classification
A. A person shall not operate or maintain a motor vehicle on any highway in this state with use fuel contained in the fuel supply tank for the motor vehicle that contains dye as provided under section 28-5610, subsection A, paragraph 8.
B. This section does not apply to:
1. Persons operating motor vehicles that have received use fuel into their fuel tanks outside of this state in a jurisdiction that permits introduction of dyed diesel fuel of that color and type into the fuel tank of highway vehicles.
2. Uses of dyed diesel fuel on the highway that are lawful under the United States internal revenue code and regulations issued under the United States internal revenue code and as set forth in section 28-5716 unless otherwise prohibited by this article.
3. A person operating a motor vehicle pursuant to section 28-5649.
C. Any person who knowingly violates or knowingly aids and abets another person in violating this section with the intent to evade taxes imposed pursuant to this article is guilty of a class 1 misdemeanor.
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