Article 1 General Provisions
Article 2 Sale of Motor Vehicle Fuels and Lubricants
Article 3 Hours of Business
Article 4 Motor Oil Fee
Article 5 Standards for Spark-Ignition Fuels
Article 5.5 Standards for Alternative Fuels
Article 6 Standards for Compression-Ignition Engine Fuels, Kerosene, and Fuel Oils
Article 7 Standards for Lubricating Oils and Oils Used to Lubricate Transmissions, Gears, or Axles
Article 8 Price Indications on Motor Vehicle Fuel Dispensing Apparatus
Article 9 Labeling
Article 10 Tank Vehicles
Article 11 Basis of Settlement
Article 12 Price Sign Advertising
Article 13 Inducements for the Sale of Motor Vehicle Fuel
Article 14 Passing Off
Article 16 Enforcement
Article 17 Penalties
Article 18 Disposition and Use of Moneys

Terms Used In California Codes > Business and Professions Code > Division 5 > Chapter 14 - Fuels and Lubricants

  • Action: includes a civil action and a criminal action. See California Evidence Code 105
  • Advertising medium: includes banner, sign, placard, poster, streamer, and card. See California Business and Professions Code 13400
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amortization: Paying off a loan by regular installments.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • antiknock index number: when used in this chapter, means that number assigned to a spark-ignition engine fuel that designates the antiknock quality. See California Business and Professions Code 13400
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Automotive spark-ignition engine fuel: means a product used for the generation of power in a spark-ignition internal combustion engine. See California Business and Professions Code 13400
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Board: as used in this chapter means the California Horse Racing Board. See California Business and Professions Code 19700
  • board: means any entity listed in Section 101, the entities referred to in Sections 1000 and 3600, the State Bar, the Department of Real Estate, and any other state agency that issues a license, certificate, or registration authorizing a person to engage in a business or profession. See California Business and Professions Code 31
  • Burden of proof: means the obligation of a party to establish by evidence a requisite degree of belief concerning a fact in the mind of the trier of fact or the court. See California Evidence Code 115
  • California state preschool program: means those programs that offer part-day or full-day, or both, educational programs for eligible three- and four-year-old children. See California Education Code 8205
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • City: includes "city and county" and "incorporated town" but does not include "unincorporated town" or "village. See California Government Code 20
  • City: includes city and county. See California Business and Professions Code 18
  • Civil action: includes civil proceedings. See California Evidence Code 120
  • Closed: means not open or available to receive equipment. See California Business and Professions Code 22928
  • Commission: means the California Transportation Commission. See California Government Code 8879.50
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Compression-ignition engine fuel: means a product used for the generation of power in a compression-ignition internal combustion engine. See California Business and Professions Code 13400
  • Conduct: includes all active and passive behavior, both verbal and nonverbal. See California Evidence Code 125
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Conviction: A judgement of guilt against a criminal defendant.
  • County: includes city and county. See California Government Code 19
  • County: includes city and county. See California Business and Professions Code 17
  • County: includes city and county. See California Family Code 67
  • Criminal action: includes criminal proceedings. See California Evidence Code 130
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Date of separation: means the date that a complete and final break in the marital relationship has occurred, as evidenced by both of the following:

    California Family Code 70

  • Declarant: is a person who makes a statement. See California Evidence Code 135
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • demurrage: means a charge imposed by an equipment provider or marine terminal operator for late return or pickup of an empty or a loaded intermodal container and chassis. See California Business and Professions Code 22928
  • Department: means the Department of Transportation. See California Government Code 8879.50
  • Dependent: A person dependent for support upon another.
  • Dependent person: includes any person who is admitted as an inpatient to a 24-hour health facility, as defined in Sections 1250, 1250. See California Evidence Code 177
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Developmental engine fuel: means an engine fuel that does not meet standards established by this chapter but has characteristics that may lead to an improved fuel standard or the development of an alternative fuel standard. See California Business and Professions Code 13400
  • Diesel fuel: means any hydrocarbon oil meant for combustion in compression-ignition engines offered for sale that meets the standards for diesel fuel prescribed by this chapter. See California Business and Professions Code 13400
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Divert equipment: means the motor carrier has been directed to return the equipment to a location different from the location where the equipment was picked up by the motor carrier. See California Business and Professions Code 22928
  • Donor: The person who makes a gift.
  • Engine fuel: means any gasoline, diesel, or alternative fuel used for the generation of power in an internal combustion engine or fuel cell in a motor vehicle, or electrical power delivered conductively or inductively to an electric motor in electric or plug-in hybrid vehicles. See California Business and Professions Code 13400
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Executor: A male person named in a will to carry out the decedent
  • expert: means a physician and surgeon, including a psychiatrist, or any person described by subdivision (b), (c), or (e) of Section 1010. See California Evidence Code 240
  • Family childcare home education network: means an entity organized under law that contracts with the department to make payments to licensed family childcare home providers and to provide educational and support services to those providers and to children and families eligible for California state preschool program services. See California Education Code 8205
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Four-year-old children: means children who will have their fourth birthday on or before December 1 of the fiscal year in which they are enrolled in a California state preschool program, or a child whose fifth birthday occurs after September 1 of the fiscal year in which they are enrolled in a California state preschool and whose parent or guardian has opted to retain or enroll them in a California state preschool program. See California Education Code 8205
  • Fraud: Intentional deception resulting in injury to another.
  • Fuel oil: means any product offered for sale that is burned in a furnace or boiler for the generation of heat and meets the standards prescribed for fuel oil by this chapter. See California Business and Professions Code 13400
  • Gasoline: means a volatile mixture of liquid hydrocarbons, generally containing small amounts of additives, suitable for use as a fuel in a spark-ignition internal combustion engine. See California Business and Professions Code 13400
  • Gasoline-oxygenate blend: means a fuel consisting primarily of gasoline along with a substantial amount of one or more oxygenates that meets ASTM International Standard D4814. See California Business and Professions Code 13400
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • hearing: means the hearing at which a question under this code arises, and not some earlier or later hearing. See California Evidence Code 145
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • Income and expense declaration: means the form for an income and expense declaration in family law matters adopted by the Judicial Council. See California Family Code 95
  • Intermodal marine terminal: means a marine terminal location or facility that engages in discharging or receiving equipment owned, operated, or controlled by an equipment provider. See California Business and Professions Code 22928
  • Intestate: Dying without leaving a will.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Juror: A person who is on the jury.
  • Kerosene: means a fuel offered for sale that meets the standards for kerosene prescribed in this chapter. See California Business and Professions Code 13400
  • Law: includes constitutional, statutory, and decisional law. See California Evidence Code 160
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • license: means license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600. See California Business and Professions Code 23.7
  • Licensee: means any person authorized by a license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Sections 1000 and 3600. See California Business and Professions Code 23.8
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local educational agency: means a school district, a county office of education, a community college district, or a school district acting on behalf of one or more schools within the school district. See California Education Code 8205
  • Lubricant: means a lubricating oil or other substance that reduces friction and wear between moving parts within an engine and other motor vehicle components. See California Business and Professions Code 13400
  • Lubricating oil: means motor oil, engine lubricant, engine oil, lubricating axle oil, gear oil, or manual transmission fluid. See California Business and Professions Code 13400
  • Manufacturer: means manufacturer, refiner, producer, or importer. See California Business and Professions Code 13400
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Motor oil: means an oil that reduces friction and wear between the moving parts within an internal combustion engine and also serves as a coolant. See California Business and Professions Code 13400
  • motor oil: means any product used to lubricate the moving parts of an internal combustion engine. See California Business and Professions Code 13430
  • motor oil dealer: means any person, firm, or corporation engaged in the business of producing, packaging, or otherwise preparing motor oil for market, or selling or distributing motor oil. See California Business and Professions Code 13430
  • Motor vehicle fuel: means "engine fuel" when that term is used in this chapter. See California Business and Professions Code 13400
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • order: include a decree, as appropriate under the circumstances. See California Family Code 100
  • Original: means the writing itself or any counterpart intended to have the same effect by a person executing or issuing it. See California Evidence Code 255
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Parent: means a biological parent, stepparent, adoptive parent, foster parent, caretaker relative, or any other adult living with a child who has responsibility for the care and welfare of the child. See California Education Code 8205
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Government Code 17
  • Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Family Code 105
  • Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Evidence Code 175
  • Personal property: All property that is not real property.
  • Petitioner: includes plaintiff, where appropriate. See California Family Code 126
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Proceeding: includes an action. See California Family Code 110
  • Process: includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature. See California Government Code 22
  • project: includes equipment purchase, construction, right-of-way acquisition, and project delivery costs. See California Government Code 8879.50
  • Property: includes both personal and real property. See California Code of Civil Procedure 17
  • Property: includes real and personal property and any interest therein. See California Family Code 113
  • Property: includes both real and personal property. See California Evidence Code 185
  • Proprietary agency: means an organization or facility providing preschool, which is operated for profit. See California Education Code 8205
  • Public entity: includes a nation, state, county, city and county, city, district, public authority, public agency, or any other political subdivision or public corporation, whether foreign or domestic. See California Evidence Code 200
  • Quasi-community property: means all real or personal property, wherever situated, acquired before or after the operative date of this code in any of the following ways:

    California Family Code 125

  • Quorum: The number of legislators that must be present to do business.
  • Relevant evidence: means evidence, including evidence relevant to the credibility of a witness or hearsay declarant, having any tendency in reason to prove or disprove any disputed fact that is of consequence to the determination of the action. See California Evidence Code 210
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Renewable diesel fuel: means a diesel fuel derived from nonpetroleum renewable resources. See California Business and Professions Code 13400
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Respondent: includes defendant, where appropriate. See California Family Code 127
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Spousal support: means support of the spouse of the obligor. See California Family Code 142
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Government Code 12.2
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Business and Professions Code 14.2
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Family Code 143
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Evidence Code 215
  • Standard reimbursement rate: means the reimbursement rate applicable to California state preschool programs pursuant to Section 8242. See California Education Code 8205
  • Standard test: means a test conducted in accordance with the latest published standard adopted by ASTM International. See California Business and Professions Code 13400
  • State: means the State of California, unless applied to the different parts of the United States. See California Evidence Code 220
  • State: means the State of California, unless applied to the different parts of the United States. See California Government Code 18
  • State: includes the District of Columbia and the territories when applied to the different parts of the United States, and the words "United States" may include the district and territories. See California Code of Civil Procedure 17
  • State: means a state of the United States, the District of Columbia, or a commonwealth, territory, or insular possession subject to the jurisdiction of the United States. See California Family Code 145
  • Statement: means (a) oral or written verbal expression or (b) nonverbal conduct of a person intended by him as a substitute for oral or written verbal expression. See California Evidence Code 225
  • Statute: A law passed by a legislature.
  • Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Government Code 10
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Support: refers to a support obligation owing on behalf of a child, spouse, or family, or an amount owing pursuant to Section 17402. See California Family Code 150
  • Support order: means a judgment or order of support in favor of an obligee, whether temporary or final, or subject to modification, termination, or remission, regardless of the kind of action or proceeding in which it is entered. See California Family Code 155
  • Teacher: means a person with the appropriate permit issued by the Commission on Teacher Credentialing who provides program supervision and instruction that includes supervision of a number of aides, volunteers, and groups of children. See California Education Code 8205
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testate: To die leaving a will.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Will: includes codicil. See California Code of Civil Procedure 17
  • Writing: means handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing, any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored. See California Evidence Code 250