Technical

Nine things to know about the upcoming red diesel ban

Image courtesy of the CPA

With only a week to go until the rules relating to the use of red diesel and rebated biodiesel change, the Construction Plant-hire Association (CPA) has urged owners of construction plant, and the partners they work with, to be prepared for the changes that come into effect from 1 April 2022.

It will no longer be legal to use red diesel in plant and machinery being used for construction work from April 2022.

Kevin Minton, chief executive of the CPA said: “We urge all construction plant owners and their clients and customers to make sure they are up-to-date with the forthcoming changes and what it means for how they operate their plant. This applies as much to those companies looking to hire plant as it does to those supplying it.

“In conjunction with our colleagues at HMRC, we have produced a recently updated guide and set of FAQs that we encourage everyone within and connected to the plant-hire industry, to look at.”

The CPA has highlighted the main points that plant and construction companies need to know:

  • Plant-hire companies that operate plant and machinery in construction that use red diesel must fill tanks with white diesel or duty paid biofuels (for example HVO fuel) from 1 April 2022.
  • Companies can continue to operate plant with any red diesel that is already in a vehicle or machine’s engine from 1 April 2022, but they will not be allowed to refill fuel tanks with red diesel from this date onwards.
  • Red diesel can continue to be used by operators for plant and machinery that is hired out to clients if it is being used solely for agricultural or forestry purposes, but the fuel tanks must be drained and replaced with white diesel ahead of the machinery being hired out to a construction client.
  • Operators are not expected to flush out fuel tanks of red diesel in advance of 1 April 2022, but they will be expected to make sure that any excess fuel they have in storage tanks is disposed of properly. Suppliers can sell or give their excess fuel to someone still entitled to use it or sell it to an oils dealer or dispose of it through waste oil or disposal companies.
  • The CPA urges its members to work with existing fuel suppliers to ensure both sides are aware of the changes and the procedures to follow. Fuel suppliers are being contacted by HMRC to ensure they are following the new regulations.
  • Run down stocks in the run-up to 1 April and keep records/receipts of orders of deliveries and supplies of red diesel, along with records for when and how much red diesel has been added to engines. Hire companies should have have full records for what activity the machinery and plant has been hired out for i.e. is it being used for construction, agriculture, or forestry purposes.
  • Review existing security arrangements, when equipment is on site, to deter the theft of white diesel.
  • Raise awareness among staff and clients of the changes that come into effect and what procedures they must follow both ahead of the 1 April 2022 deadline and thereafter.
  • The new rules apply to any type of vehicle that currently runs on red diesel or rebated biodiesels – including what is termed a ‘special vehicle’. If the machine is working in construction-related activity, red diesel cannot be put in the fuel tank from 1 April 2022.

Recordings of two red diesel webinars held by the CPA in conjunction with HMRC can be viewed on the CPA website at https://www.cpa.uk.net/events/cpa-webinar-programme. The latest red diesel guidance from the CPA can also be downloaded from https://www.cpa.uk.net/news/cpa-publishes-revised-red-diesel-guidance

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