Legal Focus

Operators of diesel vehicles know that red dye in diesel fuel indicates that the fuel was provided to the end user without payment of “on-road” taxes. The most common permitted use of red dyed fuel is for farming and agricultural use. That is why red dyed diesel fuel is commonly called “off-road diesel”. The language of the exceptions permitting the use of red dyed diesel on public roads are reasonably interpreted to include certain school bus use on public roads, but the exception language is not explicit or clear and, as a result, questions often arise. This article will review the permissible use of red dyed diesel in school buses operating on public roads, and the associated risks of violating the permissible “on-road” exceptions.

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