CHAPTER 249

An Act to amend and reenact § 58-687, as amended, of the Code of Vir-
ginia, relating to definitions in the Motor Fuel Taz Act.

(S 125]
Approved March 14, 1962

Be it enacted by the General Assembly of Virginia:

1. That § 58-687, as amended, of the Code of Virginia, be amended and
reenacted as follows:

§ 58-687. The following words, terms and phrases used in this chapter
are for the purpose hereof defined as follows:

(1) “Motor vehicles” means all automotive or self-propelled vehicles,
engines or machines, which are operated or propelled by internal com-
bustion of gasoline distillate or other volatile or inflammable liquid fuels.

(2) “Motor fuel” shall mean:

All products commonly or commercially known *, advertised, offered
for sale, sold or used as gasoline including casinghead * or natural gaso-
line and all other types of additives when mized or blended into gasoline,
regardless of their classifications or uses.*

(8) “Aviation fuel” means a motor fuel designed for use in the opera-
tion of aircraft, and sold or used for that purpose.

(4) The term “dealer” means any person who imports, or causes to
be imported, into the State, motor fuel for use, distribution or sale and
delivery in and after the same reach the State; also any person who pro-
duces, refines, manufactures or compounds such fuel in the State for use,
distribution or sale and delivery in this State; and also any person who
receives motor fuel by tank car, barge, pipe line delivery or any common
or contract carrier from a point within this State. Any person importing
or causing to be imported, into this State, for his own use, such motor
fuel in any container other than the usual tank or receptacle connected
with the engine of the motor vehicle in the operation of which the motor
fuel is to be consumed and any person producing, refining, manufacturing
or compounding such motor fuel in this State for his own use shall also
be considered a dealer within the meaning of this chapter; provided that
this definition shall not include any railroad company purchasing motor
fuel for use in its railroad business and not to be used for motor vehicles
on the highways of this State. The Commissioner may designate dealers
as limited dealers, jobbers or limited jobbers, but the designation by the
Commissioner of a dealer as a limited dealer, jobber or limited jobber shall
not in itself deprive the limited dealer or jobber of the right to refunds
under the provisions of § 58-717 to which they would otherwise be entitled.

(5) The term “limited dealer’ means any person who maintains and

operates a bulk storage within this State and who receives motor fuels

from a duly licensed dealer from a point within this State and same is
delivered to another point in this State by tank car, barge, pipe line,
common or contract carrier or self-owned equipment. Provided, however,
where the term “dealer” is used in this chapter the same shall apply to
the term “limited dealer” except in those instances where the context
clearly indicates a different meaning.

(6) The term “jobber” means any person who receives motor fuel
by tank car, barge, pipe line, common or contract carrier or in self-owned
equipment from a point within this State and who has not qualified to
pay the tax direct to the State, and who complies with all of the applicable
provisions of this chapter.

(7) The term “limited jobber’ means any person licensed under this
chapter who engages in the business of distributing or reselling motor
fuel on which the tax imposed under this chapter has been paid and who
incurs no liability for such tax and does not elect to file the surety bond
required of jobbers.

(8) “Commissioner” means the Commissioner of the Division of
Motor Vehicles.

(9) “Person” means any person or persons, partnership, firm, asso-
ciation or corporation.

(10) ‘Peddler’ means any person who neither owns nor operates
stationary storage facilities and who transports motor fuel from place
to place in any vehicle having thereon any tank or other container of more
than one hundred gallons capacity, and sells or offers to sell motor fuel
and delivers the same from such vehicle.

(11) “Used in this State” shall mean and include, in addition to its
original meaning, the receipt of fuel by any person into a service tank
of a motor vehicle.