– LD 1896 An Act To Allow Heating Fuel and Motor Vehicle Fuel Customers To Opt Out of Paper Delivery Tickets

MEMA approached Senator Daughtry to put in the bill LD 1896 on behalf of our members after ongoing discussions relating to the issue of whether hard copy tickets are still required by Maine law.

With on board computing becoming widely used, it’s redundant for many customers to get a hard copy ticket and saves pretty significant time and reduces risk of injury for drivers, when the delivery driver can make fewer trips in uncontrolled environments.  The requirement for a “meter stamped” ticket be left that is supposed to prove that the customer received the gallons they were being billed for used to be the primary practice for companies.  A large majority of the meters in trucks are electronic now and when combined with in truck computing, the gallons delivered are emailed almost immediately.  Additionally, most trucks can’t be moved until the metered transaction is completed, which means a driver is unable to deliver to one location, move to another and bill the second location for fuel they didn’t receive.

MEMA has initiated a change to the law that allows for electronic emailed tickets to be a sufficient receipt.  We have heard from many of our members that during COVID-19, customers were asking for emailed receipts rather than paper receipts, as well as seasonal Maine residents due to the fact they didn’t want receipts in their door frame for long periods indicating to passerby’s that the home was vacant.

The Department of Agriculture, Conservation & Forestry (DACF), Division of Weights and Measures was able to provide some clarity with regard to paper delivery tickets.

Here is the link to the current statute

A paper delivery ticket is required by current law, but not an enforcement action DACF feels worth pursuing.  However, there is a fine involved for violations (also in statute); here is that link.

It is indeed a gray area.  Is emailing a ticket the same as leaving a hard copy?  As the law was passed in 1973, it’s safe to assume that a paper delivery ticket was the method of delivery in the statute.

So, if it is important for MEMA members to have statutory clarity, rather than something less definite, such as an agreement between the individual company and their customers (allowing for e-tickets), then changing the statute would be necessary.  If you have any questions about this legislation or how to testify, please contact Megan Diver.

The public hearing for LD 1896 has been scheduled for Tuesday, January 25, 2022 at 9:30AM and will be presented to the Committee on Innovation, Development, Economic Advancement and Business.  Please consider supporting this bill and testifying via zoom or submitting your testimony electronically

 

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