Executive Order Regarding Use of Diesel Fuel (9/16/2018)

— Written By

UPDATE: The Executive Order 57 shown below has been rescinded and replaced with Executive Order 60

(View Rescinded Executive Order 57)

NOW, THEREFORE, by the authority vested in me as Governor by the Constitution and the laws of the State of North Carolina. IT IS ORDERED:

Section I.
The undersigned orders that documentation relating to diesel motor vehicle fuel licensing and excise tax requirements be waived to the extent necessary to permit diesel fuels used for non-highway purposes (sometimes referred to as “alternative fuels” or “non-tax-paid fuels”) to be used on highways.

Section 2.
The provisions in N.C. Gen. Stat. § 105-149.17 prohibiting the use of diesel motor fuel or alternative fuel in a highway vehicle that is licensed or required to be licensed under Chapter 20 of the General Statutes unless the tax imposed by Article 36C of Chapter 105, or Article 3 of Chapter 119 of the North Carolina General Statutes shall not be enforced, to the extent documentation of any tax or impost paid in advance of operating a vehicle with non-tax-paid fuel is required prior to operation of the vehicle.

Section 3.
To the extent required by the Internal Revenue Service, the provisions of 17 N.C. Admin. Code 12B .0503 (“Licensed Vehicles Using Dyed Diesel Fuel”) are not to be enforced during the duration of this Executive Order.

Section 4.
This Order is effective at 5:00 p.m. on 16 September 2018 and shall remain in effect until rescinded or superseded by another applicable Executive Order. An Executive Order rescinding the Governor’s Declaration of a State Emergency (Executive Order No. 51. 07 September 2018) will automatically rescind this Executive Order.