HB 11

Enrolled Copy  H.B. 11
1Dyed Diesel Fuel Search Amendments
  2026 GENERAL SESSION
  STATE OF UTAH
  Chief Sponsor: Stephanie Gricius
  Senate Sponsor: Wayne A. Harper
2
3  LONG TITLE
4  General Description:
5      This bill addresses searching a vehicle for a dyed diesel fuel violation.
6  Highlighted Provisions:
7      This bill:
8      ▸ establishes that a government official may only inspect a vehicle for a dyed diesel fuel
9  violation if the official:
10●   has probable cause that a dyed diesel fuel violation has occurred;
11●   has consent of the owner of the vehicle; or
12●   is conducting the search at a port-of-entry in compliance with Section 72-9-501; and
13      ▸ specifies that probable cause is not established simply by observing an individual drive a
14  motor vehicle that uses diesel fuel on a highway.
15  Money Appropriated in this Bill:
16      None
17  Other Special Clauses:
18      None
19  Utah Code Sections Affected:
20  AMENDS:
21      59-13-320.5, as enacted by Laws of Utah 2001, Chapter 29
22
23  Be it enacted by the Legislature of the state of Utah:
24Section 1. Section 59-13-320.5 is amended to read:
2559-13-320.5 . Use of dyed diesel on highways prohibited -- Penalty.
26  (1) A person may not operate a motor vehicle on a highway if a fuel supply tank of the
27      motor vehicle contains dyed diesel fuel, unless:
28      (a) permitted under federal law;
 H.B. 11  Enrolled Copy
29(b)(i) the motor vehicle is used on the highway only to travel from one parcel of land
30owned or operated by the owner to another parcel of land owned or operated by
31the owner; and
32(ii) the motor vehicle's travel on the highway is necessary for furtherance of
33agricultural purposes; or
34(c) the motor vehicle is special mobile equipment, as defined in Section 41-1a-102,
35including off-road motorized construction or maintenance equipment, that is only
36incidentally operated or moved on a highway in connection with a construction
37project.
38   (2) A person who violates Subsection (1) shall pay a penalty assessed by the commission as
39follows:
40(a) the greater of $500 or $5 per gallon of dyed diesel fuel within each fuel supply tank
41of the motor vehicle, based on the maximum storage capacity of each fuel supply
42tank; or
43(b) for a second and subsequent offense, the greater of $1,000 or $10 per gallon of dyed
44diesel fuel within each fuel supply tank of the motor vehicle, based on the maximum
45storage capacity of each fuel supply tank.
46   (3) The penalty imposed under this section:
47(a) is in addition to any other taxes, interest, or penalties imposed under this chapter; and
48(b) shall be deposited in the Transportation Fund.
49   (4) Upon making a record of its actions, and upon reasonable cause shown, the commission
50may waive, reduce, or compromise the penalty imposed under this section.
51   (5)(a) A government official, including a law enforcement officer, may not inspect the
52fuel from a fuel supply tank of a motor vehicle to determine if the fuel supply tank
53contains dyed diesel fuel unless the official:
54(i) subject to Subsection (5)(b), has probable cause to believe that the operator or
55owner of the motor vehicle is in violation of this section;
56(ii) has received consent from the operator or owner of the motor vehicle to inspect
57the fuel; or
58(iii) is conducting the search at a port-of-entry in accordance with Section 72-9-501
59for the purpose of checking the motor vehicle for compliance with state and
60federal laws.
61(b) The act of driving a motor vehicle that uses diesel fuel on a highway, without
62additional facts indicating a potential violation of this section, does not constitute
  -2-
 Enrolled Copy  H.B. 11
63sufficient facts to establish probable cause for an official, including a law
64enforcement officer, to inspect the fuel from a fuel supply tank of a motor vehicle
65under Subsection (5)(a)(i).
66Section 2. Effective Date.
67  This bill takes effect on May 6, 2026.
  -3-