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08 Spring 2022 SEEING RED OVER NEW DIESEL LAW Changes to the law concerning the use of red diesel came into e ect on April 1st, a ecting thousands of hire and construction companies across the UK. H ire Association Europe and Event Hire Association (HAE EHA) is urging its members and the wider hire industry to ensure they are fully aware of the changes to avoid nding themselves on the wrong side of the law. Under previous regulations, rebated gas oil (red diesel) and rebated biofuels, can be legally used for any machine which is not a road vehicle, for example earthmoving equipment and mobile generators. is entitlement has now been removed for all but a handful of speci c sectors, including farming, forestry and community-based landscaping such as hedge and verge cutting. Any individual found guilty of breaching the new regulations may be subject to criminal sanctions and nes, and HMRC can also seize vehicles and machines found to be running unlawfully on red diesel. ere is no requirement to ush out engines, and any rebated fuel still in tanks can still be used up, so long as it can be proved that it was put into the vehicle or machine legally, prior to the changeover date. HMRC has also acknowledged that traces of rebated fuel are likely to remain in fuel tanks for some time, but it is essential that businesses make a point of retaining evidence that any red diesel was put in before the rules changed and that the vehicle has been re lled with white diesel since April 1st. HAE EHA has taken a number of actions including creating revised terms and conditions of hire and putting in place training and general guidance for members. Group Marketing and Communications Manager, Ann Harrison, said: “ ese changes have the potential to raise multiple issues, particularly where hired equipment is concerned. Di culties arise for example with equipment that can be used for both allowed and non-allowed purposes. e use of the appropriate fuel in each situation is the responsibility of the hire company and not the individual hiring the equipment, therefore it is imperative that hire companies clearly inform customers about the changes to the law. “It may be that hire companies choose to designate some pieces of equipment as acceptable for use with red diesel and some as white diesel only, and have these clearly marked. On the other hand, it’s important to bear in mind that HMRC does carry out random spot testing, and the only way to ensure customers have complied is to dip test, and ush out tanks in between every hire if necessary. So, some hire companies may prefer to stick to a white diesel only policy in order to avoid confusion and unnecessary risk.” << “ e use of the appropriate fuel in each situation is the responsibility of the hire company and not the individual hiring the equipment, therefore it is imperative that hire companies clearly inform customers.”