§ 47-8-8. Licensing of petroleum products delivery companies. (a)(1) There shall be an annual license fee of one hundred twenty dollars ($120) for each enterprise name used or involved in the delivery of petroleum products and a reapplication fee of six hundred dollars ($600) for each enterprise required to renew who fail to do so after the licensing date of August 1. All monies received under this section shall be deposited as general revenue. The application for a license to be issued and administered by the weights and measures division of the department of labor and training shall include:

(i) Certification of two million dollars ($2,000,000) liability insurance which includes pollution liability broad form coverage or certification of self insurance.

(ii) Number of registered and unregistered delivery vehicles (including color, type of vehicle, and year and make of vehicle).

(iii) Statement that petroleum delivery vehicle identifications are in accordance with § 397 of federal Motor Carriers Safety Regulations for the Transportation of Hazardous Materials, including § 397.21, entitled "Marking of Vehicles Operated by Private Carriers" including:

(A) Placarding in accordance with federal requirements.

(B) The name of the enterprise to whom the petroleum company license is issued, and the city or town in which the enterprise maintains its principal office or in which the vehicle or vehicles are customarily based.

(2) The markings specified in subsection (a)(1)(iii) must appear on both sides of the vehicle, and be in letters that contrast sharply in color with the background; and be readily legible during daylight hours from a distance of fifty feet (50') while the vehicle is stationary; and be kept and maintained in a manner that retains the legibility required. The marking may consist of a removable device, if that device meets the identification and legibility requirements of this paragraph, for a period not to exceed three (3) months after the registration of said vehicle.

(3) All meters of the vehicles listed on the application must be tested and sealed before the meters shall be used in any delivery of petroleum products. The meters shall be tolerance tested for compliance with the current year National Institute of Standards and Technology Handbook #44. Meters not in tolerance compliance shall be so marked in accordance with § 47-3-1 and subject to the fines as stated.

(b)(1) An enterprise so licensed shall be required to provide the wholesale petroleum terminals with proof of the fact that it is licensed prior to obtaining any petroleum products.

(2) An enterprise so licensed shall be required to use:

(i) Said license number; and

(ii) Enterprise name when advertising or offering for sale home heating fuels.

(c)(1) The director of the department of labor and training is authorized and empowered to promulgate rules and regulations for the enforcement and administration of the provisions of this chapter.

(2) The rules and regulations shall be promulgated as required to enforce this section.

History of Section. (P.L. 1983, ch. 266, § 4; P.L. 1984, ch. 421, § 1; P.L. 1989, ch. 386, § 1; P.L. 1992, ch. 133, art. 33, § 1; P.L. 1993, ch. 213, § 1; P.L. 1995, ch. 370, art. 40, § 163; P.L. 1999, ch. 426, § 1; P.L. 2002, ch. 65, art. 13, § 12.)