Derogation question

[byron]

I don't normally buy deisel. When I need some I just help myself from one of two local farmers who have massive tanks. They will not accept payment because they say that compared with what they use my needs aren't worth bothering about.
My question is:- Once the taxation is sorted out will I be breaking the law to have this free fuel and will I have to buy 'white'.

 

[ADLS]

Yes to both, as the tax relates to the use not how the fuel is obtained.

 

[byron]

[ QUOTE ]
Yes to both, as the tax relates to the use not how the fuel is obtained.

[/ QUOTE ]
Blast /forums/images/graemlins/frown.gif Maybe I should re-register my launch in Panama or get her re-listed as a comercial craft.

 

[Andrew_Fanner]

I would have thought that if you stump up the tax that would be legitimate. If you didn't pay for the actual fuel in the first place its still going to be cheaper.

 

[byron]

Actually for the amount of fuel the launch uses I am not worried about tax or buying the stuff. My initial question was just curiosity my second observation was just reaction.

 

[sarabande]

Not sure that I agree. The farmer will have paid some duty on the red diesel, and it's up to him how he uses it thereafter. Unless you are doing something for him in return for free fuel (e.g. accounts or design work, or a day out on the boat) there's no revenue interest as the fuel appears to be a gift.

He might have to worry about setting all the fuel against his farm's running expenses though !

 

[cliff]

It is the farmers responsibility to ensure the fuel is not used for illegal purposes. He cannot do with it "whatever he likes".
--------------------

"Artificial intelligence is no match for natural stupidity"
sailroom <span style="color:red">The place to auction your previously loved boatie bits</span>

 

[ADLS]

Construction sites and farmers alike use red diesel for plant and tractors etc and I think farmers may be allowed to use it in farm trucks hauling produce to market?

Construction site trucks cannot use red diesel hauling on a highway. JCBs, lorry mounted cranes etc can use red diesel on a highway but must not carry goods of anykind other than that fitted by the manufacturer or for the direct use of the plant, IE different sized JCB digging buckets and crane jib sections. I was once pulled over for carrying a concrete skip on a lorry mounted crane, I then pointed out that I was also carrying lifting chains and slings, the officer went off scratching his head. We were not allower to carry a motorcycle to get home on as this had nothing to do with the equipments operation.
The same plant company I worked for had truck mounted compressors these would use red diesel, a truck towing a trailored compressor had to use white road diesel.

The tax when applied will cover the use of the fuel, not how it was obtained. The farmer could get into serouse trouble if they find he is supplying fuel for illegal use.