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they cant, what they do is stick a clear tube in your tank suck a little up and take it out, and if its red your screwed. if your doing it on your own personal truck you should be fine, ive never heard of anyone getting dipped without owning 5+ trucks around here, there mainly going after businesses that report alot of fuel being used for off road. What they is, they buy the diesel and pay taxes on it regardless of what its going in. then they have to document what goes into on road and offroad vehicles and get rebates at the end of the year.
if you want to get technical though even if you say its atf, they can nail you for using a non dot/epa approved fuel. this is starting to happen in california with bio diesel
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2016 F450 6.7L XLT 4x4Dump, bone stock
1994 F250 7.3L XLT 4x4 ZF5 , Centurion, 4" Lift, 6637, Gulf Coast Bypass Filter, Big fuel tanks, dana 60 swap, No longer dually
1997 F350 7.3L XLT 4x4Dump, E4OD, 4 in exhaust, TS 6 position, 3/8 Trans line+external filter
2013 Scag Turf Tiger 61" 1.1L Caterpillar Diesel
1960 John Deere 440 Backhoe 2-53 detroit