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This translation has been provided with the kind assistance of Chaninat & Leeds. Chaninat & Leeds practices both family and business law, including K1 visa Thailand.




 

Section 27. For benefits of inspecting fuel appearance and quality, the competent officer shall be empowered to order fuel trader under Section 10 or fuel trader under Section 11 or fuel transporter under Section 12 to collect samples and submit to the competent officer in order to be performed appearance and quality inspection, as it deems necessary from time to time.

The collection of samples of fuel shall be in accordance with the rules and procedures prescribed by the Director-General.

Section 28. In inspection of appearance and quality of fuel that the competent officer acquired in accordance with this Act, the Director-General may, at his own discretion, appoint fuel trader under Section 7 or any person as an inspector. However, the appointment shall be in accordance with the rules, procedures and conditions prescribed by the Director-General.

Section 29. In case it is found that any fuel trader carries out distribution or has under possession for distribution purpose of fuel of appearance or quality different from whatever prescribed or approved by the Director-General under Section 25 paragraph one, the competent officer shall be empowered to order a suspension of distribution of such fuel and seal fuel nozzle.

In case where fuel trader under paragraph one wishing to continue distribution or have under possession for distribution of such fuel, a request for correction of appearance and quality of such fuel must be filed to the Director-General.

The correction of appearance and quality of fuel under paragraph two shall be in accordance with the rules, procedures and conditions prescribed by the Director-General.

After the appearance and quality of such fuel have been corrected to comply with whatever prescribed or approved by the Director-General under Section 25 paragraph one, the fuel trader shall submit a request to the competent officer in order to obtain an approval for continuing distribution of mentioned fuel. When it is proved by the competent officer that the appearance and quality of such fuel is in accordance with whatever prescribed or approved by the Director- General under Section 25 paragraph one, the suspension order shall be repealed and the seal on nozzle shall be untied. The cancellation order shall come into force from the date set by the competent officer.

The sealing on fuel nozzle and request for distribution of fuel under this Section shall be in accordance with the rules and procedures prescribed by the Director-General.

Section 30. Transportation of fuel by fuel trader under Section 7, fuel trader under Section 10 or fuel trader under Section 11 shall be in accordance with the rules and procedures prescribed by the Director-General and published in the Government Gazette.

Fuel trader under Section 7, fuel trader under Section 10 or fuel trader under Section 11 carrying out transportation of fuel of each cargo from 3,000 liters and upwards shall be prohibited to assign other person, except for fuel transporter under Section 12 to transport such fuel of the type which quality is prescribed by the Director-General in accordance with Section 25, except a temporarily relaxation upon necessity and with a permission from the competent officer.

Chapter 5
Powers and Duties of the Competent Officer

Section 31. For benefits of inspecting compliance with the provisions of this Act, the competent officer shall have power and duties as follows:
(1) to enter upon the office, refinery, place of production, storage and place of distribution of fuel belonged to fuel trader or fuel transporter during sunrise and sunset or office hours of such places.
(2) to collect samples to be inspected of any type of fuel in possession of fuel trader or fuel transporter or any person in charge of fuel transport vehicle, at a maximum volume of five liters of each sample.
(3) to order fuel trader or fuel transporter to inspect volume of fuel and then report results to the competent officer.
(4) in case where fuel trader hinders the competent officer from executing his duties in accordance with (1) or (2) by not allowing the entry, and believable evidences indicate that delayed action would render the benefit of inspection valueless, the competent officer shall be empowered to open or break doors or windows of building, fence or barrier, seal, stamp, holder or binder; or to conduct by any means to acquire sample of fuel, or to inspect upon volume of fuel, but however, shall avoid causing any damage as much as possible.
(5) in case there is evidence indicating violation or failure of compliance with provisions of this Act, the competent officer shall be empowered to seize or detain fuel, container, accessory or any objects related.
(6) to order fuel trader or fuel transporter to submit books of account, documents and any evidence regarding fuel.
(7) to issue a summon to person concerned for inquiring or to submit books of account, documents and any evidence at the office of the competent officer.

The competent officer shall collect sample of fuel for inspection in accordance with (2) from fuel trader under Section 7, fuel trader under Section 10 and fuel trader under Section 11 at least once a year.

Section 32. Any person concerned shall accord due facilities to the competent office in respect of execution of his duties under this Act where it deems appropriate.

Section 33. In carrying out duty under this Act, the competent officer must present his identity card to the person concerned.

The identity card shall be in accordance with the form prescribed in the ministerial regulations published in the Government Gazette.

Chapter 6
License Revocation

Section 34. The Minister may revoke trading license issued to fuel trader under Section 7 in case fuel trader has conducted any of the followings without reasonable causes:
(1) fail to comply with conditions prescribed by the Minister under Section 8.
(2) fail to submit annual trade volume under Section 9 paragraph one.
(3) fail to keep fuel in reserve under Section 20 for thirty consecutive days or continually for more than sixty day altogether per year.
(4) violate provisions of this Act and be the case that the court gives final judgment to such person for violation under Section 60 to a term of imprisonment from 3 months and upwards.

The revocation of license under paragraph one shall not be a cause for exoneration of such fuel trader from punishment under this Act.

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