AB 416

Current law prohibits a person who has obtained fuel from a service station,

garage, or other place where gasoline or diesel fuel is offered for retail sale from

intentionally absconding without paying for the fuel. A person who commits this

offense may be subject to a forfeiture of not more than $200. In addition, current law

provides for a special civil action by which a victim of an absconding offense (fuel

retailer) may recover the value of the fuel taken, the value of other property damage

resulting from the absconding offense, and limited exemplary damages and attorney

fees.

This bill offers another option for civil redress for a fuel retailer who suffers a

loss as the result of a person absconding without paying for fuel. Under the bill, the

fuel retailer may submit to an association that represents the interests of retail

businesses that sell gasoline or diesel fuel (association) an affidavit stating the time

and date the violation occurred, the registration plate number of the vehicle that

received the fuel, and the retail value of the fuel that was taken. The bill gives the

association, if it or anyone acting on its behalf has obtained a surety bond of at least

$25,000, the right to obtain from the Department of Transportation the name and

address of the person to whom the vehicle is registered. The association may provide

the fuel retailer with the name and address of the person to whom the vehicle is

registered.

Under the bill, the fuel retailer may send a letter to the person to whom the

vehicle is registered stating the details of the violation and requesting that the

person to whom the vehicle is registered pay, within 30 days, the value of the fuel and

a $30 service fee. If the person does not pay the requested amount, the fuel retailer

may file a civil suit to collect that amount, plus court costs. Under the bill, the

affidavit submitted by the fuel retailer to the association constitutes prima facie

evidence that the person to whom the vehicle is registered intended to abscond

without paying for fuel.