MONTGOMERY, Ala. – As diesel prices soar nationwide, Gov. Kay Ivey has directed the Alabama Law Enforcement Agency to shift its priority away from penalizing commercial vehicles for using dyed diesel fuel for the next 120 days.
The state typically only allows the use of dyed diesel fuel, also known as red diesel, in off-road equipment, machinery and certain city and county vehicles. Because operators don’t utilize the fuel on public highways, the fuel is exempt from taxes.
Operating a motor vehicle fueled by dyed diesel on a highway is normally punishable by a Class A misdemeanor and a civil penalty of $1,000 or $10 per gallon of fuel involved, according to the Code of Alabama.
The average price of diesel fuel was $6.15 per gallon on Thursday, per AAA.
“In recent weeks, Alabama has experienced a significant increase in fuel prices, creating significant economic hardships for all Alabamians,” the governor wrote. “The increase in diesel fuel prices has been particularly sharp relative to other fuel prices, directly affecting Alabama’s agricultural and timber industries.”
Ivey told ALEA in a letter to conduct commercial vehicle inspections that “present a threat to public safety” instead of ones to identify the use of dyed diesel. She also directed the Alabama Department of Revenue to request penalty relief for the fuel from the U.S. Internal Revenue Service.
She said Alabama farmers will welcome the change, as their harvest season lasts until Nov. 15.
“As we are in the beginning of peak harvest season in Alabama, I am committed to doing what we can to support our state’s farmers and their families,” Ivey said. “When we can responsibly provide relief, I am all for it, and this is a measured, doable and commonsense action to help out Alabama’s agricultural and timber communities.”
ALEA Secretary Hal Taylor said the directive provides a practical way to help Alabama’s agricultural and timber communities while diesel prices remain high.
“These industries are vital to Alabama’s economy and to communities throughout our state. ALEA is committed to implementing the governor’s directive while maintaining our steadfast focus on public safety and ensuring Alabama’s roadways remain safe for all who travel them.”
The enforcement changes are effective immediately and will last until Jan. 22, 2027.