Laws, Regulations & Annotations

Business Taxes Law Guide – Revision 2010
 

Use Fuel Tax Annotations

BUS OPERATIONS—Regulation 1323

Local Public Transit System Operated by a County. A local public transit system operated by a county does not qualify for exemption under section 8655(b)(1), because it is a county, not a transit district, transit authority, or city. Likewise, a local public transit system operated by a county does not qualify for exemption under section 8655(b)(2), because it is a public entity providing transportation services, not a private entity providing such services. In other words, a local public transit system operated by a county does not clearly fall within the terms of the exemptions. 9/05/06.

Private Entity Bus Operator Under Contract to Broker. Transportation services provided by a bus operator, a private entity, under contract with a broker that is wholly responsible for the manner in which the bus operator performs the services and work requested by the municipality, with which the broker has contracted, do not qualify for exemption under section 8655(b). Section 8655(b)(2) specifies that, to qualify for exemption, a "private entity" must provide transportation services "under contract or agreement . . . with a public agency." California courts have consistently held that "statutes granting exemption from taxation are strictly construed to the end that such concession will be neither enlarged nor extended beyond the plain meaning of the language employed." Under the agreement, the bus operator does not have contractual privity with a "public agency," the municipality. To conclude that the bus operator qualifies for an exemption, because it provides transportation services pursuant to a contract with a broker that has entered into a contract with the municipality, a public agency, to provide transportation services, would enlarge or extend the exemption "beyond the meaning of the language employed." 8/21/06.

Private Entity Bus Operator Under Contract to Regional Center. deletionWhere a private entity bus operator is providing transportation services for the transportation of developmentally disabled persons and their support persons under contract with a regional center, which is deemed to be a public agency authorized to provide public transportation services, the bus operator is, pursuant to section 8655(b)(2) of the Use Fuel Tax Law, exempt from paying the use fuel tax imposed under sections 8651-8651.8 on use fuel consumed while providing such transportation. 2/25/09.

Private Entity Rendering Service as Contract Carriage. Under an agreement with a city, a bus operator is providing shuttle service between local train stations and specific locations in the city, pursuant to a shuttle schedule and route map that are incorporated as part of the agreement. Under the terms of the agreement, shuttle service is provided only for persons employed by a designated group of employers that have executed a consortium agreement with the city to financially and otherwise support the employer-based shuttle program. Thus, under this agreement, the bus operator is providing services as a "charter-party carrier of passengers." The shuttle service being provided under this agreement does not qualify for exemption under section 8655(b) because it is a "charter-party carrier of passengers" rendering service as contract carriage and not as common carriage, pursuant to section 8655(d). 8/21/06.

Private Entity Under Contract to Public Agency. Where a private entity has contracted with a public agency authorized to provide public transportation services for the transportation of people, the private entity qualifies for exemption under section 8655(b)(2). However, the exemption is applicable only to the fuels consumed while providing services under such contract. 9/05/06.

Private Entity Under Contract to School District. Transportation services provided by a bus operator under contract with a school district qualify for exemption pursuant to section 8655(b)(6). The bus operator is a "private entity providing transportation services"; it provides these services under agreement with a school district, pursuant to the terms and conditions set out in a purchase order issued by the school district. Pursuant to section 8655(b)(5), the purpose of the services provided, in this instance, is to provide transportation for special education students to and from home and school (i.e., "door-to-door"). This exemption is applicable only to the "fuels consumed while providing services under" this agreement. 8/21/06.

Private Entity Under Contract to Transit District. Transportation services provided by a bus operator under contract with a transit district qualify for exemption under section 8655(b)(2). The bus operator is a "private entity" that is "providing transportation services for the transportation of people" under a contract with the transit district. The transit district is a "public agency" which is "authorized to provide public transportation services." This exemption is applicable only to the "fuels consumed while providing services under" this contract. 8/21/06.

Transporting Students. When a private entity contracts with a school district to transport adult students to adult school or job club programs which are offered by the school district, adult students qualify as pupils and therefore the private entity qualifies for the exemption under Section 8655(b)(6). 8/13/97.

EXEMPT USES OF FUEL IN MOTOR VEHICLE—Regulation 1316

Construction Area. The following are examples of when the operation of a motor vehicle in a construction area would be considered "off the highway" for purposes of the use fuel tax exemption:

1. The road is completely closed.

2. When half the road is closed and it is necessary to detour the traffic to the other side of the road. The use of fuel in the construction equipment on the portion of highway closed to public travel would be considered used "off the highway".

3. When a detour is constructed around the area under construction so that no traffic can pass through the construction zone. 6/30/72.

Off-Highway Idling. Tax does not apply to fuel used while the vehicle is idling stationary off the highway; including for purposes of loading and unloading or used as a stationary sleeping quarter. 1/24/90.

Passenger Stage Used to Interline. The exemption provided by Section 8655 of the Revenue and Taxation Code for passenger stage corporations under Subsection (b) (2) must be in connection with the operations of vehicles used exclusively within urban or suburban areas as defined in Section 9651.5 of the Revenue and Taxation Code.

When a single vehicle is used to perform a through service by two interlining common carriers, operation by one of the carriers in an urban or suburban area cannot be divorced from the through trip in order to qualify for the exemption on that Section of the whole operation. 11/18/70.

Power Take-Off Equipment. The exemption from use fuel tax for allowable fuel used in operating power take-off equipment, such as a compaction unit on a garbage truck, does not apply to fuel used while the truck is idling, notwithstanding that the power take-off unit may be engaged when the truck comes to a stop at a loading point. Only that fuel which is actually used in the operation of the compaction unit may be excluded from the tax. 10/16/62; 6/05/63.

Sub-Haulers on Forest Service Roads. A sub-hauler of logs contributed to the maintenance of forest service roads by accepting a reduced per unit rate for hauling in accordance with the accepted and established practices in the industry. The sub-hauler, therefore, has met the requirements for exemption under Section 8653.1 of the Use Fuel Tax Law. 3/31/71.

USER—Regulation 1304

U.S. Governments. The Red Cross, as an instrumentality of the United States Government, is not required to pay the Use Fuel Tax because the United States Government (and its instrumentalities) is not included in the definition of "person" and therefore is not subject to the Use Fuel Tax. 9/04/97.

ANNOTATIONS PUBLISHED

Annotation Heading/TitleEdition
Local Public Transit System Operated by a County 9/05/06 2007–1
Private Entity Bus Operator Under Contract to Broker 8/21/06 2007–1
deletionPrivate Entity Bus Operator Under Contract to Regional Center 2/25/09 2010–1
Private Entity Rendering Service as Contract Carriage 8/21/06 2007–1
Private Entity Under Contract to Public Agency 9/05/06 2007–1
Private Entity Under Contract to School District 8/21/06 2007–1
Private Entity Under Contract to Transit District 8/21/06 2007–1

ANNOTATIONS DELETED

Annotation Heading/TitleEdition
Agricultural Spreader and Spray Trucks 2/24/61 2003–1
Construction Equipment 9/23/68 2003–1
County Roads in National Forest 5/14/63 2003–1
Dedicated County Roads 11/18/63 2003–1
Diesel Fuel Used by Ambulance Service 11/18/63 2003–1
Fork-Lift Trucks—Licensed 11/12/63 2003–1
Manufacturers of Trucks 8/23/71 2003–1
Military Reservations 7/19/66 2003–1
Multiple Deliveries In-State and Out-of-State 7/7/64 2003–1
National Monument 11/12/63 2003–1
National Monument 5/18/64 2003–1
National Parks 3/31/60 2003–1
New Highway Not Yet Opened 2/7/55 2003–1
Operator of United States Government Owned Buses 4/28/42 2003–1
Private Entity Bus Operator Under Contract to Regional Center 8/21/06 2010–1
School Districts 3/16/66 2003–1
Self-Fueling From Vendor's Pump 9/24/57 2003–1
Successor—No Rights to Tax—Paid Credit 4/26/63 2003–1
Thermal Units at Job Site 2/24/65 2003–1
Track-Laying Equipment 5/19/72 2003–1
User Not a Vendor for Fueling Rail Cars 2/24/65 2003–1
Vehicle Owners Right to Tax Due Information 8/10/71 2003–1
Vendor May Not Assign Bad Debt Rights 2/10/66 2003–1
Volumetric Sales Measure of Tax 8/16/71 2003–1
Volumetric Use is Tax Measure 1/20/67 2003–1