Fuel Tax Question

ratwell71

Veteran Expediter
Do you have to pay fuel tax if you register your truck for 26,000 pounds? I only have two axles. I have read the IFTA agreement and it states as long as you have two axles and a registered weight of 26,000 pounds or less then you do not have to be part of the IFTA agreement. Also, it states "OR" if the plate inside the door says 26,000 pounds. My truck is registered for 26,000 so I meet the registered part of the law.

I had a DOT officer in Oregon tell me that I cannot get a PUCA because of my registered weight and that I was illegally carrying IFTA stickers because my cab card says 26,000 pounds. I ended up purchasing fuel at the pump for $3.96 instead of $3.73 because of this but my company is still charging me fuel tax but I cannot get a PUCA. I have been charged fuel tax for almost 5 years now.

Can someone please answer this for me?

Thanks a big bunch.
 

charlee

Seasoned Expediter
Qualified motor vehicle - a motor vehicle used, designed, or maintained for transportation of persons or property and:

Having two axles and a gross vehicle weight or registered gross vehicle weight exceeding 26,000 pounds or 11,797 kilograms; or
Having three or more axles regardless of weight; or
Is used in combination, when the weight of such combination exceeds 26,000 pounds or 11,797 kilograms gross vehicle or registered gross vehicle weight. Qualified motor vehicle does not include recreational vehicles


taken from
International fuel tax agreement (IFTA)




According to this I would say no....you should not pay fuel tax if your truck is not capable of exceeding 26000 gvw...capable means that plate inside door does not say more than 26000.



-charlotte
 
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ratwell71

Veteran Expediter
Charlotte,

Thanks for the reply. I went a head and spoke to an IFTA gov't official and he said that I should not be paying fuel tax if I choose not to be part of the IFTA agreement. The "OR" means that if this condition is met then you are within your rights. I meet the first condition so I have my answer. It is the registered weight that I am basing my fight with because if my plate inside the door stated this I could go with that, but since the first part of the law states registered I am within my rights. It is registered weight "OR" the plate inside the door.

This is how all those rental trucks get a by with not having to ask for fuel tickets from their customers. Alot of those trucks have a GVWR exceeding 26,000 but they register them for less to avoid having to ask for CDL's and fuel tickets.

I sure do appreciate the help. Thanks again. I also have a retained lawyer. I did not want to have to pay him to get my money back but after speaking to the IFTA rep. I am now.

The difference between the conjunction used makes all the difference in the world. AMEN.
 

ratwell71

Veteran Expediter
Charlotte,

You know I was very angry when I found other units within this company's fleet not paying but someone screwed up my paperwork almost 5 years ago and now they are not wanting to pay out.

This will not be a long fight I have contacted OOIDA and a lawyer. Hopefully we can get this settled soon.

I hate going up against big companies but I have in the past and will continue when they are found to be in the wrong.

Thanks again for the response. It is nice to know there are people willing to help. Your insight was helpful.

God bless.
 
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