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14.8.123    PRIVATE SECTOR EMERGENCY PROCEDURES - MOTOR GASOLINE

The governor may implement the following procedures which apply to the private sector in a motor gasoline energy emergency:

(1) The governor may request implementation of company plans to reduce gasoline consumed in company travel by 25%.

(2) Gasoline retailers shall comply with the following rules:

(a) Each gasoline retailer shall clearly post by signs legible from off the premises stating the days and hours gasoline will be dispensed to the general public, including, but not limited to, which weekend day and time the station will be open.

(b) Each gasoline retailer shall open at the hour posted pursuant to subsection (2) (a) on each Saturday of the month if the number of his station's street address is odd or on each Sunday of the month if the number of his station's street address is even and shall dispense gasoline to the public until he has sold at least one-sixth of his weekly gasoline allocation.

(c) Subsection (2) (b) shall not apply to any gasoline retailer who:

(i) is out of gasoline because of late delivery or inadequate supply; or

(ii) as a normal business practice during the six months preceding the declaration of a motor gasoline energy emergency remained closed on Saturday and Sunday.

(d) A retailer with an odd numbered street address station location may for bonafide religious reasons open on Sunday instead of Saturday, and a retailer with an even numbered street address station location may for bonafide religious reason open on Saturday instead of Sunday.

(e) In order to gain an exemption from all or part of subsection (2) (b) because of either normal business practice or bonafide religious reasons, the retailer shall first file with the administrator of the energy division of the department of natural resources and conservation a statement setting forth the basis for the exemption.

(3) An odd-even day gasoline dispensing system as de-scribed in ARM 14.8.124 shall be established.

(4) At the retail level, no more than two gallons of gas-oline may be dispensed into a separate container, and no more than one separate container may be used in a single transaction. This does not apply to containers used for a commercial purpose such as containers used to fuel commercial landscaping and gardening equipment, construction equipment, electrical generators, or containers designed for use on a boat.

(5) No retail gasoline sales may be made for vehicles having four cylinders in an amount less than $5.00 and in an amount less than $7.00 for vehicles having more than four cylinders. Minimums may be adjusted upward if considered necessary. This sale does not apply to container sales or to sales for vehicles with gas tank capacity of less than 8 gallons, for motorcycles, mopeds, or scooters, or for emergency vehicles.

(6) Unless otherwise specified, the provisions of subsec-tions (2) through (5) apply to vehicle operators, employees of gasoline retailers, and gasoline retailers. A violation of these regulations may result in a criminal charge under Section 90-4-319, MCA. Local authorities shall be responsible for monitoring and enforcing these regulations. Any violation should be reported to local law enforcement officials.

History: Sec. 90-4-316, MCA; IMP, Sec. 90-4-310, MCA, and 90-4-314, MCA; NEW 1980 MAR 2796, Eff. 10/16/80.

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