Red diesel has long been a significant part of the agricultural and certain off-road industries. It is a type of diesel fuel that has a distinct red color due to a dye added to it. This dye is not just for show; it serves as a clear identifier that the fuel is intended for specific, non-road – going applications. The main question we will explore in this article is whether farmers can use red diesel on the road. To answer this comprehensively, we need to look at the nature of red diesel, the regulations governing its use, and any exceptions that might apply.
Red Diesel
Red diesel, also known as gas oil in some regions, has a chemical composition similar to regular diesel fuel used in on-road vehicles. However, its key difference lies in its intended use and the fact that it is dyed red. This red dye is added to make it easily distinguishable from standard diesel. The reason for this clear identification is that red diesel is typically used in off-road machinery and vehicles, such as tractors, harvesters, and certain construction equipment.
One of the main attractions of red diesel for farmers and other off-road users is its price. It is often exempt from the full rate of excise duty and taxes that regular road diesel has to bear. This makes it a more cost – effective option for machinery that operates mainly on private property or in agricultural fields. For example, in the UK, the duty on red diesel is much lower compared to white (road) diesel, which helps farmers save on fuel costs for their off-road equipment.
Regulations Regarding Red Diesel Use
General Rule: Off – Road Use Only
In most countries, the general rule is that red diesel is for off-road use only. This means that using red diesel in a vehicle that is being driven on public roads is illegal. The authorities are strict about this because the lower – taxed red diesel is not supposed to be used in situations where regular road diesel, with its full tax burden, is required.
For instance, in the United States, the Environmental Protection Agency (EPA) has mandated the use of red dye to identify high – sulfur fuels for off-road use. The Internal Revenue Service (IRS) also uses the same dye, but in a higher concentration, to label tax – free fuels such as fuel oils. In the UK, red diesel can only be used in vehicles registered as SORN (Statutory Off Road Notification) with the DVLA (Driver and Vehicle Licensing Agency), indicating that the vehicle is not to be used on public roads but only on private property.
Agricultural – Specific Regulations
When it comes to agriculture, the rules are a bit more nuanced. In many places, farmers are allowed to use red diesel in their agricultural vehicles, but there are conditions. The use of red diesel must be directly related to agricultural activities. For example, a farmer using a tractor to transport livestock from the farm to the local market for sale at auction is an accepted use of red diesel. However, if a farmer uses their tractor to maintain a recreational tennis court on their property (which is not an agricultural activity), this would be considered a non – accepted use of red diesel.
In some countries, red diesel can only be used in certain types of agricultural vehicles. These may include tractors, single – seat vehicles of less than 1,000 kg that are designed and constructed primarily for off – road use, and vehicles only used for agricultural, horticultural, or forestry purposes. The latter must be licensed by the relevant vehicle licensing authority to use public roads only when passing between two areas of land occupied by the same person, and the distance traveled by road should be less than a specified limit, such as 1.5 kilometers.
Exceptions to the Rule
Gritting Public Roads
In some regions, there has been an exception made for farmers using red diesel in their vehicles when gritting public roads. In the UK, before 2013, only purpose – built ‘gritters’ were legally allowed to use the heavily rebated red diesel (gas oil) to treat public roads during cold weather. However, due to the fact that these large gritters often couldn’t reach smaller access roads and rural routes, many areas were left isolated during cold spells.
After consultation with farming unions, rural representatives, and local authorities, a change in the law was agreed upon in 2013. The act of ‘gritting’ was added to the list of legal activities under the Hydrocarbon Oils Duty Act, 1974 (Schedule 1). This meant that farmers could now use red diesel in their tractors, light farming vehicles, and agriculture material handlers when gritting public roads. This change was seen as a practical solution, as it allowed for a quicker response to adverse weather conditions in rural areas and saved farmers the time – consuming task of switching from red diesel to white diesel in their vehicles before gritting roads.
Special Circumstances (e.g., Fuel Shortages)
In rare cases, such as during fuel shortages, there may be temporary relaxations of the rules. For example, during protests that led to fuel shortages, HM Customs and Excise in the UK announced a relaxation on the use of red diesel. However, farmers were required to first contact their local customs and excise advice centre to agree on payment methods. They also had to keep accurate records of all red diesel used, and additional duty would be charged at a specified rate. This was a short – term measure to help farmers move produce, stock, and bring in supplies during difficult times.
Consequences of Illegal Use
If a farmer is caught using red diesel on the road without proper authorization, there can be serious consequences. In most cases, this will result in substantial fines. The amount of the fine can vary depending on the jurisdiction and the amount of red diesel used illegally. In some areas, the fines can be several times the cost of the fuel itself.
In addition to fines, authorities may also seize the vehicle or machinery in which the illegal red diesel was being used. This can be a significant blow to a farmer’s operations, as tractors and other agricultural equipment are essential for day – to – day farming activities. There may also be potential legal implications, such as criminal charges in more severe cases of repeated or blatant non – compliance with the red diesel regulations.
Ensuring Compliance
To ensure compliance with red diesel regulations, farmers need to be well – informed. They should familiarize themselves with the specific rules in their area regarding the use of red diesel. This includes knowing which vehicles can use red diesel, for what purposes, and any distance or activity – based restrictions.
Farmers should also keep detailed records of their red diesel usage. This can help in case of an audit by the relevant tax or regulatory authorities. Records should include information such as when the red diesel was purchased, how much was used, and for what specific agricultural activities it was used.
When hiring machinery, farmers need to be cautious. If the hired machinery is likely to be used for both on – road and off – road activities, they should check with the hire company whether there is an obligation to use white diesel instead of red. Using red diesel in such machinery when it’s not permitted can lead to additional costs for the farmer, such as having to pay for the tank to be flushed out when returning the machinery.
Conclusion
Generally, the rule is that farmers cannot use red diesel on the road. Red diesel is used for off-highway agricultural activities, and its use on public roads violates the existing tax and regulatory framework. However, there are some exceptions. In some cases, such as gritting public roads (in some areas), and in exceptional circumstances such as fuel shortages (with proper authorisation), farmers may be allowed to use red diesel on roads, but these are strictly regulated. By being aware of regulations, keeping accurate records, and making informed decisions about fuel use and machinery rental, farmers can ensure they are operating within the law.
Related Topics
- Understanding Red Diesel Rules in the UK: Essential Guide to Usage
- Is Red Diesel Available in Europe?
- What Are the New Red Diesel Rules