OAG 40-67.

Case DateSeptember 30, 1940
CourtOregon
Oregon Attorney General Opinions 1940. OAG 40-67. 78OPINION NO. 40-67[20 Or. Op. Atty. Gen. 78]Persons operating trucks in interstate commerce and using diesel oil for fuel, required to obtain dealer's license as to diesel oil or other motor vehicle fuels brought into the state and not contained in fuel tank originally provided by manufacturer of truck.September 30, 1940.Hon. Earl Snell,Secretary of State. Dear Sir: Under date of September 20, 1940, you request my opinion whether or not persons operating trucks interstate, and using diesel oil for fuel, or operating trucks interstate and using fuel tanks other than "the fuel tank originally provided by the manufacturer of such vehicle", are required to secure a dealer's license and post a bond of not less than $1,000, it being understood that such truck operators purchase fuel both within and outside of this state. Section 55-1601, Oregon Code 1935 Supplement, defines the term "dealer" as follows:
"(c) The term 'dealer' hereby is defined as any person, firm or corporation who imports or causes to be imported gasoline, distillate, benzine, naphtha, liberty fuel and such other volatile and inflammable liquids produced or compounded for operating or propelling motor vehicles as herein defined, for use, distribution or sale in, and after the same reaches, the state of Oregon; * * *".
Section 55-1602, Oregon Code 1935 Supplement, as amended by section 1, chapter 272, Oregon Laws, 1937, requires each and every dealer engaged in this state in the sale, use or distribution of motor vehicle fuel to pay a license tax of five cents per gallon on all motor vehicle fuel so used, sold or distributed by him or them in the state of Oregon. Section 55-1603, Oregon Code 1935 Supplement, requires every dealer in motor vehicle fuel in the state of Oregon to apply to the secretary of state for a license authorizing him to engage in business as a dealer, and to file with the sec79 retary of state, in such form as may be required by said secretary, a bond duly executed by such dealer as principal, with corporate surety qualified under the provisions of section 46-1401, Oregon Code 1930, which bond shall be payable to the state of Oregon conditioned upon faithful performance of all of the requirements of said act, including the payment of all taxes, penalties and other obligations of such dealer...

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