Cal. Code Regs. tit. 18, § 1432 – Other Nontaxable Uses of Diesel Fuel in a Motor Vehicle.

(a) Diesel Fuel Used for Purposes Other Than Operating Motor Vehicles Upon the Highways of This State.
1. (1) A person may claim a refund for tax paid on diesel fuel that is not used to operate a motor vehicle upon a highway in California.
  1. (A) For purposes of this regulation, equipment used to operate a motor vehicle upon a highway in California is defined as and includes equipment used in the propulsion of a motor vehicle and, in addition, any equipment, accessories, or amenities used for the safety, convenience, or comfort of drivers or passengers in conjunction with the operation of a motor vehicle on a highway, such as global positioning systems, heating systems, air-conditioning systems, windshield wipers, power windows and locks, heated seats, radios, Bluetooth equipment, cell phones, media players, and other similar equipment, accessories, or amenities.
    Additional examples of equipment, accessories, or amenities that are used to operate a motor vehicle upon a highway in California include, but are not limited to, alternators, generators, air-conditioner compressors, hydraulic pumps for power steering and brakes, fuel-injection pumps, superchargers, power steering, power brakes, automatic transmissions, diesel particulate filter generation systems, and other similar equipment.
  2. (B) Equipment, accessories, or amenities other than equipment used to operate a motor vehicle upon a highway in California, which is operated from the same fuel tank as the motor vehicle, is considered “auxiliary equipment.” Equipment powered from a separate fuel source or tank than is used to operate the motor vehicle would not be considered auxiliary equipment.
    “Auxiliary equipment” includes, but is not limited to, equipment found on a boom truck (block boom), bulk feed truck, car carrier with a hydraulic winch, carpet cleaning van, cement mixer, cement pumper, distribution truck (hot asphalt), dump trailer, dump truck, fire truck, garbage truck (automated side loader, manual side loader, single drive front end loader, dual drive front end loader, single drive rear end loader, dual drive rear end loader, roll-off truck, lugger truck, recycling truck (compaction and non-compaction), one-pass truck, and container delivery truck), leaf truck, lime spreader, line trucks with digger, derrick or aerial lift, log trucks with self-loader, mobile crane, pneumatic tank truck, refrigeration truck, salt spreader (dump with spreader), seeder truck, semi-wrecker, service trucks with a jackhammer or pneumatic drill, sewer cleaning truck (sewer jet, sewer vactor), snow plow, spray truck, super suckers (port-o-let trucks), sweeper truck, tank transport, tank truck, truck with a hydraulic winch, transfer trailer, and wrecker.
2. (2) Safe-Harbor Percentages. For transactions occurring on and after April 1, 2016, the following are presumed amounts of diesel fuel used to operate auxiliary equipment. Safe-harbor percentages must be applied to diesel fuel consumption by auxiliary equipment type. Off-highway use, as defined in subdivision (b), is included in these percentages:
  Boom truck/block boom
  15%
  Bulk feed truck
  15%
  Car carrier with hydraulic winch
  10%
  Carpet cleaning van
  10%
  Cement mixer
  25%
  Cement pumper
  40%
  Distribution truck (hot asphalt)
  15%
  Dump trailer
  15%
  Dump truck
  15%
  Fire truck
  25%
  Garbage truck
  35%
  Leaf truck
  15%
  Lime spreader
  15%
  Line truck with digger, derrick or aerial lift
  20%
  Log truck with self-loader
  20%
  Mobile crane
  25%
  Pneumatic tank truck
  15%
  Refrigeration truck
  20%
  Salt spreader (dump with spreader)
  15%
  Seeder truck
  15%
  Semi-wrecker
  15%
  Service truck with jack hammer/drill
  15%
  Sewer cleaning truck/jet/vactor
  25%
  Snow plow
  15%
  Spray truck
  15%
  Super sucker (port-o-let trucks)
  25%
  Sweeper truck
  20%
  Tank transport
  15%
  Tank truck
  15%
  Truck with hydraulic winch
  15%
  Transfer trailer
  20%
  Wrecker
  15%
  Other Auxiliary Equipment
  10%
3. (3) For transactions occurring on and after April 1, 2016, prior to submitting a claim for refund for exempt diesel fuel consumption greater than the percentages provided in subdivision (a)(2), a person must submit a specific study conducted by them and approved by the Board. Approved studies shall be valid for 5 years after the date of approval and must be updated upon expiration. A person may claim exempt diesel fuel consumption in the percentages indicated above without conducting a study. In order to claim an exemption for diesel fuel used in auxiliary equipment not listed in subdivision (a)(2), the “other” category may be utilized or, if the percentage of use claimed will be greater, a specific study must be conducted in accordance with this subdivision.
(b) Off-Highway Use.
1. (1) A person may claim a refund for tax paid on diesel fuel used off the highway. “Off the highway” includes private property, a way or place permanently or temporarily closed to public use for the purpose of vehicular travel, or any way or place used for vehicular travel which is not a highway as defined in Regulation 1411. If the safe-harbor percentages in subdivision (a)(2) are used to calculate the amount of refund, no additional refund will be allowed for diesel fuel used to operate auxiliary equipment while off the highway or while idling as described in subdivision (d).
2. (2) If the diesel fuel is used in the operation of construction equipment which is exempt from registration under the Vehicle Code, the user must establish to the satisfaction of the Board that the diesel fuel is used in the operation of the construction equipment while operated within the confines or limits of a construction project and only incidentally operated on the highway within such confines or limits.
3. (3) As used in subdivision (2), “incidentally operated” does not include the use of special construction equipment for the transportation of persons or property upon the highways in an operation which requires registration of the motor vehicle under the Vehicle Code.
(c) Refunds.
Persons who acquire diesel fuel tax paid and subsequently use the diesel fuel to operate auxiliary equipment or to operate a motor vehicle off the highway are entitled to a refund of the diesel fuel tax paid for that fuel. Persons claiming a refund for nontaxable use of diesel fuel in auxiliary equipment may use the percentages listed in subdivision (a)(2), or prior to submission of the claim, submit a specific study conducted by them following Board-approved test methods, demonstrating the amount of diesel fuel used in a nontaxable manner in excess of the safe-harbor percentages. Approved studies shall be valid for 5 years after the date of approval and must be updated upon expiration. It is the responsibility of the person claiming the refund to document and support the amount claimed. The safe-harbor percentages cannot be claimed for periods prior to April 1, 2016.
(d) Idle Time.
Diesel fuel consumed in motor vehicles on the highway is subject to the diesel fuel tax whether the motor vehicle is moving or idling, and no refunds will be allowed for the diesel fuel tax paid on diesel fuel used while idling a motor vehicle on the highway. If the motor vehicle is idling on the highway while auxilliary equipment is in use, a refund will be allowed for the diesel fuel tax paid on that portion of the diesel fuel which is used to operate the auxiliary equipment; however, no refund will be allowed for the diesel fuel tax paid on that portion of the diesel fuel which is used for idling. If the safe-harbor percentages in subdivision (a)(2) are used to calculate the amount of refund, no additional refund will be allowed for diesel fuel used to operate auxiliary equipment while idling.

Note: Authority cited: Section 60601, Revenue and Taxation Code. Reference: Sections 60016, 60019, 60026, 60501 and 60502, Revenue and Taxation Code.

History

1. New section filed 3-1-99; operative 3-31-99 (Register 99, No. 10).

2. Amendment filed 6-21-2016; operative 6-21-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 26).