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Clarification regarding Presidential Executive Order and Wyoming law on dyed diesel fuel

STATEWIDE – The Wyoming Department of Transportation offers the following clarification regarding the Presidential Order: Emergency Tax Relief on Dyed Diesel, for clarity and Wyoming law on dyed diesel fuel. The Oct. 5 Presidential Executive Order focuses on federal tax collection for red-dyed diesel fuel. 

The order does not supersede Wyoming statute 39-17-208, which prohibits driving with dyed diesel on public roadways. Because taxes on diesel fuel are set by the legislature in Wyoming statute, the Governor, nor WYDOT cannot unilaterally waive penalties on dyed diesel used for non-tax-exempt purposes. However, Wyoming law enforcement recognizes that some of our surrounding state Governors have the ability to waive inspections for dyed diesel, creating inconsistent standards between states. Our law enforcement is aware of these circumstances. 

Additional guidance from relevant Federal government agencies is expected. State relief in addition to President Trump’s Oct. 5 EO would require changes by the incoming legislature. Any changes to the above advisory will be announced as they become available. 

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