Red DIESEL MEMBER GUIDANCE - TRANSITIONING from - Scottish Plant Owners Association

Page created by Linda Gibbs
 
CONTINUE READING
Red DIESEL MEMBER GUIDANCE - TRANSITIONING from - Scottish Plant Owners Association
TRANSITIONING from

red DIESEL
MEMBER GUIDANCE

w w w. s p o a .o r g. u k
Red DIESEL MEMBER GUIDANCE - TRANSITIONING from - Scottish Plant Owners Association
Foreword
 Contents                                                                                                                      On April 1st 2022, our industry will face the first
                                                                                                                               in a series of major changes that will affect our
 Foreword                                             3         Alternative Fuels                                      13      industry and environment forever.
 Are You Ready?                                      4          Fuel Management                                        18      The removal of the construction sector’s entitlement to rebated fuel
                                                                                                                               “Red Diesel” will impact us all and whilst many in the industry may
 What is Red Diesel?                                  5         Guidance                                               22      believe this is little more than revenue raising by a post pandemic
 Financial Implications                               6         Removing the Grey Areas                               24       Government, we must look beyond the short term and consider the
                                                                                                                               bigger picture.
 Traces of Red Diesel                                 7         Rebated Fuel                                          26
                                                                                                                               The removal of Red Diesel entitlement should act as a driver for SPOA
 What Should a Business Do                           8          Impact on Training                                     27      members and the entire industry to operate more efficiently and
 Who is Responsible                                   9         Checklist                                             28       effectively, to consider alternative fuels, consider our impact on the
                                                                                                                               environment and the future of our industry.
 Enforcement                                        10          Guidance Stickers                                     29
                                                                                                                               Is this the catalyst we need to raise our own pricing? The alternatively
 Evidence                                            11         References                                            30       fuelled equipment of the very near future will cost more – anything
                                                                                                                               between 15% to 200%. We need to act now, come together as an
 Running Continuously                               12          Notes                                                  31
                                                                                                                               industry and future proof it for our future members.

                                                                                                                               Producing this document has been a pleasure and I thank my
                                                                                                                               counterparts at HM Revenue and Customs for reviewing and
                                                                                                                               approving the contents prior to circulation.

                                                                                                                               This guidance is intended to help you navigate the challenges ahead
S c o t t i s h P l a n t O w n e r s A s s o c i at i o n ,                                                                   and will be updated as necessary. Your association is here to help, I
3 1 9 S t V i n c e n t S t r e e t, G l a s g o w, G 2 5 R Z                                                                  would urge you to share this with your colleagues & customers and
Phone: 0141 248 3434 | Email: info@spoa.org.uk                                                                                 contact us with questions, feedback and any experience you have with
w w w. s p o a . o r g . u k                                                                                                   alternative fuels that you would be happy to share with fellow members.

    2                                                                                                                          Callum Mackintosh | President                                              3
         © Scottish Plant Owners Association 2022, Guidance only: Specific advice should be taken on any individual matter.
Red DIESEL MEMBER GUIDANCE - TRANSITIONING from - Scottish Plant Owners Association
ARE YOU READY FOR
RED DIESEL CHANGES?
During Budget 2020, the                                      the UK, and produces almost 14 million
                                                             tonnes of CO2 per year.*
UK government announced
                                                             Since the idea was first mentioned in
that it would remove the
                                                             2018 the SPOA has been very active in
entitlement to use red                                       engaging with HM Treasury. During 2020
diesel (gas oil) and rebated                                 and 2021 we requested HM Treasury
                                                             delay the rebate removal, we proposed
biodiesel for many sectors
                                                             a structured plan out of fossil fuels for
and applications, as of                                      all industry and we proposed a fuel
1st April 2022.                                              duty rebate on HVO. During 2021 your
                                                             association has participated in working
The move is intended to reduce the
commercial use of red diesel, compelling
                                                             groups and collaborated with HMRC
                                                             on consultation to develop workable
                                                                                                                              What is Red Diesel?
a range of industries – including                            industry guidance.
construction and leisure – to turn to
other options such as unrebated white                        This guide provides an in-depth

diesel or switch to cleaner alternatives
                                                             overview of the red diesel changes to                            ‘Red Diesel’ is a fuel that is   Red Diesel is the same as regular white
                                                             help companies navigate the evolving                                                              diesel but with a red dye and chemical
Changes to the rules around red diesel                       landscape and understand whether or
                                                                                                                              currently used in off-road
                                                                                                                                                               markers added to it to prevent its misuse in
are part of the government’s efforts to                      not the rule changes apply to them. For                          vehicles and machinery.          road vehicles.
achieve the target of net zero carbon                        non-exempt businesses, the time is now                           It is used in a number of
                                                                                                                                                               Other rebated fuels are available in the form
                                                             to plan and adapt your fuel mix to ensure
emissions by 2050. The UK is the first                                                                                        industries, most prominently     of Red HVO Green D+ and Red GTL, both of
country to sign this ambition into law,                      not only compliance, but also that your
                                                             business can continue to run smoothly –                          construction, demolition,        these are affected by the changes outlined
and further regulatory changes can
be expected in the months and years                          read on for everything you need to know.                         quarrying, mining and            in this document.

to come. Taxing most users at the                                                                                             agriculture where users are
standard rate for red diesel is intended                      *HM Treasury, Reforms to the tax treatment of                   entitled to a rebate on the
to reflect the impact of the emissions                        red diesel and other rebated fuels: consul-
                                                              tation, July 2020. https://assets.publishing.                   tax or duty paid on the fuel
they produce, while incentivising energy                      service.gov.uk/government/uploads/system/                       purchased.
efficiency and the use of cleaner fuel                        uploads/attachment_data/file/899174/ Consul-
alternatives. Indeed, red diesel accounts                     tation_on_reforms_to_the_tax_treatment_of_
                                                              red_diesel_and_other_rebated_fuels.pdf
for around 15% of all diesel oil used in

  4                                                                                                                                                                                                     5
        © Scottish Plant Owners Association 2022, Guidance only: Specific advice should be taken on any individual matter.   w w w. s p o a . o r g . u k
Red DIESEL MEMBER GUIDANCE - TRANSITIONING from - Scottish Plant Owners Association
When might traces of red diesel
What are the financial implications                                                                                        be found in plant and equipment
of the rule changes?                                                                                                       used for construction work?

Red Diesel (gas oil)                                      This will have a significant impact on
                                                          costs as well as cash flow for many
                                                                                                                           For a short period of time                    will not be able to use or dispose of it
                                                                                                                                                                         before 1st April 2022, should contact oils.
attracts a rebate of                                                                                                       after the rules change on
                                                          businesses. This is why now is the time to                                                                     policymail@hmrc.gov.uk.
46.81 pence per litre (ppl),                              consider fuel options and alternatives, as                       1st April 2022, businesses
                                                                                                                                                                         HMRC acknowledge that due to the
giving it an effective duty                               well as optimal fuel efficiency.                                 may find that traces of red
                                                                                                                                                                         requirement to maintain minimum
rate of 11.14ppl.                                         At the same time, the plant industry                             diesel are still present in                   fuel stock levels for safety reasons and
                                                          must also contend with a number of                               the fuel tanks of vehicles                    operational requirements, fuel which has
                                                          challenges including one-off costs in                            or machines on site as the                    had full duty paid may be put into and
White Diesel (DERV)                                       order to stay compliant. These may                                                                             mixed with existing stocks of rebated fuel in
                                                                                                                           fuel is used up before being
on the other hand, has                                    include the costs of removing or running                                                                       the tank. This may mean there may be a red
no rebate, which means                                    down red diesel, purchasing additional                           replaced with white diesel.                   indicator in the tank beyond 1st April 2022.

a duty rate of 57.95 ppl.                                 tanks, vehicles or equipment, sourcing                           How long this will take                       Businesses will not be expected to flush
Therefore, making a
                                                          alternatives before the April deadline.                          will depend on the type of                    out all traces of red diesel from storage
straight switch from red                                  Furthermore, as both red and white                               vehicle or machine, the size                  tanks but should plan to empty and refill
                                                          diesel become yet more attractive                                of its fuel tank, its rate of                 them with white diesel before putting
to white diesel would
                                                          targets for theft, the high number                                                                             fuel into their vehicles or machines after
incur an additional                                       of vehicles and large stores of fuel at
                                                                                                                           fuel consumption and how                      the rules change.
expense of 46.81 pence                                    construction sites are coming under                              frequently it is used.
                                                                                                                                                                         There is also a possibility that traces of
per litre used. This                                      particular threat.                                               Businesses that currently use red diesel      red diesel may be found where plant
results in five times as                                                                                                   but will no longer be entitled to after 1st   and equipment is used for both entitled
much duty as before.                                                                                                       April should plan to run down the fuel        and non-entitled purposes (such as
                                                                                                                           in their vehicles and machines and use        agriculture and construction work).
                                                                                                                           up existing stocks being held in storage
                                                                                                                           by this date. Companies which have a
                                                                                                                           large volume of rebated diesel already
                                                                                                                           in reserve and are concerned that they
 6                                                                                                                                                                                                                7
     © Scottish Plant Owners Association 2022, Guidance only: Specific advice should be taken on any individual matter.
Red DIESEL MEMBER GUIDANCE - TRANSITIONING from - Scottish Plant Owners Association
Who is responsible for ensuring that
                                                                                                                              red diesel is no longer used in plant and
                                                                                                                              equipment for construction work?

What should a business do                                                                                                     Plant owners should read the HMRC guidance to confirm
                                                                                                                              whether their plant and equipment is to be used for an
if it finds any red diesel in plant and equipment to                                                                          entitled purpose or not. When being used for construction
be used for construction work after 1st April 2022?                                                                           work from 1st April 2022, it will be illegal to use red diesel.

                                                                                                                              HIRE COMPANIES                   CONTRACTORS                     SUPPLIERS
                                                                                                                              Hire companies should            Contractors should              Suppliers who are
Businesses should always check what fuel is in the tank
                                                                                                                              make their customers             ensure that the plant and       Registered Dealers in
before starting operation.                                                                                                    aware that the fuel they         equipment they use on           Controlled Oil (RDCOs)
This can usually be done from the ground at the tank sight glass/tube or at the water                                         are permitted to use             site is always filled with      should make their
separator filter bowl. If red diesel is found, businesses should not use the plant or                                         depends on the sector the        the correct fuel – if diesel,   customers aware of the
equipment until they have flushed the tank and refilled with the correct fuel and                                             vehicle or machine will be       then it must be white           rule changes and prevent
evidence should be kept to prove that this was done.                                                                          used in. Hire companies          diesel or similar duty paid     them from purchasing
                                                                                                                              should always ask what           fuel unless contracting on      more red diesel than can
If the plant or equipment is hired in after 1st April 2022 and has been delivered with
                                                                                                                              the vehicle or machine           entitled works.                 be used before then.
a full tank of Red Diesel then that tank may be used up so long as the machine was
                                                                                                                              will be used for and, if it is
filled with fuel prior to 1st April 2022. This will obviously only cover the short term. If in
                                                                                                                              unclear whether it is for
any doubt, businesses should contact the hire company and inform them that the
                                                                                                                              an entitled purpose, then
vehicle or machine contained the wrong fuel for the intended use when hired.
                                                                                                                              it should be fuelled with
                                                                                                                              white diesel or similar duty
  8                                                                                                                                                                                                                 9
        © Scottish Plant Owners Association 2022, Guidance only: Specific advice should be taken on any individual matter.
                                                                                                                              paid fuel.
Red DIESEL MEMBER GUIDANCE - TRANSITIONING from - Scottish Plant Owners Association
Enforcement:
What action will HMRC take if they find
red diesel in plant and equipment being
used for construction work?

HMRC officers may carry                                     In this situation, HMRC has confirmed
                                                            it will take a pragmatic approach to
out checks on any plant and
                                                            enforcement and consider the steps
equipment using diesel to
confirm the correct fuel is
                                                            taken to switch to using fully duty-paid                         What evidence do businesses need to
                                                                                                                             provide to show that plant and equipment
                                                            diesel.
being used. This should be                                  Where rebated fuel is used in a vehicle
done by test to check for the                               or machine that is not entitled to                               was filled correctly with white diesel?
fiscal markers mentioned on                                 use it, HMRC can seize the vehicle or
                                                            machine and issue a £250 civil penalty
page 19 and not just be done
                                                            under section 9 of the Finance Act 1994.
by colour of fuel alone.                                    HMRC may also apply a penalty up to
                                                            100% of the duty that has been evaded                            Businesses should ensure they have the following
If they find traces of red diesel in the
fuel supply of a vehicle or machine that                    depending on the offence.                                        documents in the event that HMRC has to assess whether
is not entitled to use it, they may ask                                                                                      plant or equipment was filled with the correct fuel:
the business to provide evidence to
demonstrate that any rebated fuel in the
vehicle or machine was put in before the                                                                                       Receipts or invoices for the purchase of fuel
                                                                                                                               
rules changed and is still being used up.                                                                                      Contracts for the hire of plant or equipment
                                                                                                                               
                                                                                                                               Run plans
                                                                                                                               
                                                                                                                               Time sheets of drivers/operators
                                                                                                                               
 10                                                                                                                                                                              11
       © Scottish Plant Owners Association 2022, Guidance only: Specific advice should be taken on any individual matter.
Red DIESEL MEMBER GUIDANCE - TRANSITIONING from - Scottish Plant Owners Association
Alternative Fuels:
                                                                                                                              HVO Green D+

                                                                                                                              What is Green D + HVO?                         HVO Green D+ is a renewable diesel

What happens if plant and equipment is                                                                                        A member of the paraffinic
                                                                                                                                                                             replacement made to EN15940 standard.
                                                                                                                                                                             Available as both “RED” rebated fuel

running continuously (e.g. power generation)                                                                                  fuel family, HVO is a drop-                    for entitled sectors such as agriculture,
                                                                                                                                                                             forestry, aquaculture and also “WHITE”
                                                                                                                              in liquid fuel alternative
where the tanks cannot be flushed                                                                                             produced from vegetable
                                                                                                                                                                             undyed for road use and construction
                                                                                                                                                                             sectors. It is the lowest emission diesel
out or a minimum level of fuel must be                                                                                        fats and oils, such as                         replacement fuel available. GD+ is made
                                                                                                                                                                             entirely from waste and is defined as
maintained for safety reasons?                                                                                                cooking oil.
                                                                                                                              HVO has an improved burn efficiency and
                                                                                                                                                                             renewable and sustainable (RED11), whilst
                                                                                                                                                                             being highly refined. You can use Green
                                                                                                                              reduced carbon emissions count, resulting      D+ in any diesel engine without requiring
                                                                                                                                                                             any changes to the engine.
                                                                                                                              in a significant decrease in harmful
                                                                                                                              emissions, including greenhouse gases.         HVO Green D+ contains a specifically
Businesses will need to show that they have been refilling                                                                                                                   designed performance additive, which
                                                                                                                              Here, hydrogen – rather than methanol
with the correct fuel since the rules changed, e.g. by                                                                        – is used as a catalyst, making HVO more       includes deposit control compounds,
showing receipts for the purchase of white diesel.                                                                            clean-burning and ensuring a longer            lubricity improves and other surface-
                                                                                                                              shelf life than regular biodiesel. The HVO     active agents to ensure cleanliness
Businesses may use up rebated fuel held in storage tanks for the purposes of                                                                                                 and optimum combustion throughout
                                                                                                                              supply chain is currently being developed
emergency back-up power generation (where a generator is used to provide                                                                                                     the fuel system. Through minimising
                                                                                                                              to ensure consistent high-quality and
continuity of power in the event of power failure) after the rules change.                                                                                                   NOX it allows the additive to promote
                                                                                                                              ethical supply, and expanded to support
                                                                                                                                                                             passive regeneration of the DPF system.
You can only use rebated fuel stock obtained before 10th June 2021 for back-up power                                          anticipated growth in demand – increasing
                                                                                                                                                                             Choosing to switch to HVO Green D+
purposes. Any rebated fuel purchased after that date for this purpose and not used by                                         its potential for global adoption as part of
                                                                                                                                                                             could be a great selling point especially
31st March 2022, will require a licence to use and the duty difference will need to be paid.                                  the future fuel pathway.
                                                                                                                                                                             for those whose clients really do care
                                                                                                                                                                             about emissions.

  12                                                                                                                                                                                                               13
        © Scottish Plant Owners Association 2022, Guidance only: Specific advice should be taken on any individual matter.   w w w. s p o a . o r g . u k
Red DIESEL MEMBER GUIDANCE - TRANSITIONING from - Scottish Plant Owners Association
Alternative Fuels:
HVO Green D+

What Can HVO be made from?

FIRSTLY                                SECONDLY                                   THIRDLY                                   WHY IS                        1 Diesel machine has the
                                                                                                                            ENTITLEMENT
                                                                                                                                                          same CO2e emissions as
HVO can be made from                   Fish fat from                              Residues from
animal fat from food                   processing waste.                          vegetable oil processing                  TO REBATED
industry waste.                                                                   Used Cooking Oil.                         HVO BEING                      10 GREEN D+ machines
                                                                                                                            REMOVED TOO?
Benefits of HVO GreenD+:                                                           OEM Approval: HVO
                                                                                                                            HVO is a hydrocarbon
                                                                                                                            per the Hydrocarbon Oil
There are whole host of benefits of                                                Green D+ is approved
                                                                                                                            Duties act 1979, classified
using a renewable diesel replacement;                                              for use by the following
                                                                                                                            as a heavy oil it attracts
                                                                                      Scania                               the same duty rate as

                                                                                                                                                                    VS
  Upto 90% reduction in Co2
  
                                                                                       Volvo                               diesel. We believe there
  Upto 30% reduction in nox                                                             DAF
                                                                                                                           is a great opportunity for
  Upto 86% reduction in particulate matter                                               MAN                               the Government to offer
  
                                                                                          Mercedes Benz                    a rebate on HVO Green
  Reduces noise levels
                                                                                          Renault                         D+, incentivising industry
  Local air quality improved immediately through                                            Iveco                          to adopt this low
  
  switching                                                                                  Caterpillar                   emission interim fuel.
                                                                                              John Deere
  Can remove fossil fuels from construction sites
                                                                                              Hitachi
  Fuel efficiency improvement – The fuel burns more                                             JCB
  
  cleanly and more thoroughly                                                        This list is growing
                                                                                       steadily as
  Does not contain FAME (Fatty Acid Metyl Ester)                                       manufacturers
  
                                                                                       finalise their trials

 14                                                                                                                                                                              15
      © Scottish Plant Owners Association 2022, Guidance only: Specific advice should be taken on any individual matter.
Red DIESEL MEMBER GUIDANCE - TRANSITIONING from - Scottish Plant Owners Association
Alternative Fuels:
Shell GTL (gas-to-liquid)

What is Shell GTL?                                           The European Standardisation body
                                                             CEN published the final specification
                                                             for paraffinic fuels, EN-15940, in mid-
Shell Gas-to-Liquid
                                                             2016, paving the way for legislators and                         Benefits of Shell GTL: There are whole
technology converts natural                                  manufacturers to specifically refer to
gas into a paraffinic fuel,                                  these alternative fuels in legislation
                                                                                                                              host of benefits of using GTL as a
creating an OEM approved                                     and handbooks. GTL is a direct drop in                           diesel replacement;
                                                             replacement to Diesel.
cleaner-burning alternative                                                                                                        Upto
                                                                                                                                       37% reduction in nox
liquid fuel for both on- and                                 It is estimated that there is currently                               Upto 25% reduction in particulate matter
                                                                                                                                   
                                                             sufficient global supply of GTL fuels
off-road applications.                                                                                                             Reduces noise levels 3-5dB
                                                             to meet around 30% of the UK’s                                        
This helps to reduce local emissions of                      entire national diesel demand, or                                     Drop  in fuel – Can be used as a direct replacement
pollutants, including nitrogen oxide and                                                                                           
                                                             the total diesel demand of any of the                                 for conventional diesel fuels without the need for
particulate matter, to improve air quality                   Scandinavian countries                                                modifications to engines
while also decreasing noise and odour
pollution. What’s more, this drop-in solution                                                                                      Better safety, handling and storage characteristics
                                                                                                                                   
helps to improve ‘cold starts’, reduce                                                                                             due to a higher flash point
clogged filters and offers a long shelf                        OEM Approval: Shell GTL is
                                                                                                                                   Readily biodegradable, is not detectable in soil 51
                                                               approved for use by the following                                   
life – ideal for back-up power generators                                                                                          days after being introduced
and final fill pre-winter – without any                               Scania                  Cummins
modifications to vehicles or engines or                                Volvo               Caterpillar                           Better starting performance in cold conditions due
                                                                                                                                   
investment in additional infrastructure. Gas                            DAF                 John Deere                           to higher cetane number
                                                                         MAN                 Hitachi
to Liquid “GTL” Fuel is part of the family of                                                                                      Fuel efficiency improvement – The fuel burns more
                                                                                                                                   
fuels called “paraffinic fuels”.                                     This list is growing steadily as                            cleanly and more thoroughly
                                                                       manufacturers finalise their trials

  16                                                                                                                                                                                     17
        © Scottish Plant Owners Association 2022, Guidance only: Specific advice should be taken on any individual matter.   w w w. s p o a . o r g . u k
Red DIESEL MEMBER GUIDANCE - TRANSITIONING from - Scottish Plant Owners Association
Loss Prevention
and Fuel
Management                                                                                                                   May a dye or chemical marker be added to fuel?
                                                                                                                             Businesses are permitted to add dye or           test positive for any of the prescribed
                                                                                                                                                                              
                                                                                                                             chemical markers to fuel as long as the          markers
One of the biggest concerns to
                                                                                                                             dye or chemical markers do not:
                                                                                                                                                                              affect or impede HMRC’s ability to
                                                                                                                                                                              
the Plant Industry is an increase                                                                                                 Contain
                                                                                                                                          any of the prescribed              test for the prescribed fuel markers.
                                                                                                                                  Government markers listed
in fuel theft.                                                                                                                                                            Red diesel contains a chemical marker
                                                                                                                                  in Regulation 3 of the Hydrocarbon
The UK government committed to putting extra police on                                                                            Oil (Marking) Regulations 2002,         which HMRC will look for when testing
the streets in the 2020 Budget to combat fuel theft but                                                                           namely;                                 diesel. Companies planning to add
besides the naivety of that commitment, policing is devolved                                                                                                              dye to their fuel, for example to act as
                                                                                                                                           N-Ethyl-N-[2-(1-              a deterrent against theft, should give
in Scotland and so the SPOA members are rightly even more
                                                                                                                                            isobutoxyethoxy)ethyl]-4-     careful consideration to the colour they
concerned about fuel theft as it has not been addressed by
                                                                                                                                            (phenylazo)aniline together   intend to use as HMRC officers are
either government to any satisfactory standard.
                                                                                                                                            with CI Solvent Yellow 124    likely to test any visibly coloured fuel to
Here we’ll explore some of the fuel management options                                                                                                                    determine its contents.
                                                                                                                                           “coumarin” meaning 1:2
along with deterrents currently available on the market.
                                                                                                                                             benzopyron
Businesses should review security both on site and at your
                                                                                                                                           “ quinizarin” meaning
depot/yard, consider additional CCTV, fuel tank alarms,
                                                                                                                                            1,4-dihydroxyanthraquinone
secure fencing of your fuel storage within your compound or
site. Do all you can to mitigate theft and restrict access.

 18                                                                                                                                                                                                               19
       © Scottish Plant Owners Association 2022, Guidance only: Specific advice should be taken on any individual matter.   w w w. s p o a . o r g . u k
Loss Prevention
and Fuel
Management                                                                                                                   Fuel tank telemetry and dispensing
                                                                                                                             Italian manufacturer PIUSI has launched a range of innovative
                                                                                                                             equipment to help you both control and record fuel usage.

What dyes are available?                                    Tracking                                                         PUISI B.SMART APP – Based on                 PUISI PW MOBILE – The PW Mobile
Datatag™ VENOM – A fuel additive                            Award winning GPS tracking provider                              Bluetooth technology the B.SMART app         allows you to connect to your bowser via
which includes a DNA marker for                             CanTrack offer a sealed for life tracking                        is for drivers and a cloud for managers.     the 4G network when no onsite wifi is
tracing fuel theft.                                         unit which can be fitted discretely                              From the app automatically connect to        available, great for remote areas you can
                                                            inside fuel bowsers and site tanks.                              the fuel bowser to allow delivery of fuel.   obtain all fuel transactions easily.
DieselDye – DieselDye creates an
instant visual deterrent against                            CanTrack ASSET features a light sensor                           PUISI B.SMART MCBOX – This is the                  Through using these you could:
internal misuse and theft                                   and movement sensor, this can be set                             new advanced model of the MCBOX                   Verify Supplies of fuel to
                                                            to alert you to things like the bowser                           fuel monitoring system; the electronic              authorised users
                                                            door being opened out of hours. The                              control panel that allows you to control           Manage your fuel and sites
                                                            unit can be hidden almost anywhere                               any type of AC/DC pump, litre-counter,
                                                                                                                                                                               Get fuel use information in real
                                                            and can assist in recovery of entire site                        nozzle and fuel level switches. Add
                                                                                                                                                                                 time, order refills on time
                                                            tanks which have been hiab’d away.                               this to any bowser and connect to the
                                                                                                                                                                               Measure fuel tank activity out of
                                                                                                                             MCBOX with the app above to dispense.
                                                            Other trackers are available.                                                                                        hours, set alarms for level change
                                                                                                                             B.SMART Tank Watchdog – This is
                                                                                                                             the perfect add on for a complete and
                                                                                                                             updated control of the stock. Adding
                                                                                                                             the level indicator OCIO, the system
                                                                                                                             allows you to monitor the fluid level in
                                                                                                                             your tanks in real time and gives alarms
  20                                                                                                                                                                                                                21
       © Scottish Plant Owners Association 2022, Guidance only: Specific advice should be taken on any individual matter.   in case of low levels.
Guidance
Self Drive                                                                                                                     Operated                                       Contractors &
Plant Hirers                                                                                                                   Plant Hirers                                   Sub Contractors

All plant hired into the                                      and equipment is returned to them                                At point of hire your hire                     Moving to White Diesel will
                                                              which should note what fuel was in the
construction sector should                                                                                                     desk should ask if the                         have a significant impact
                                                              equipment. This should be carried out
be supplied with White                                        before it is collected from site, where Red                      machine will be used on                        on cashflow particularly
Diesel. At point of hire your                                 Diesel is found a subsequent “cleaning”                          a project entitled to Red                      where large volumes of fuel
hire desk should ask if the                                   charge should be negotiated.                                     Diesel Rebate and explain                      are consumed and not paid
machine will be used in                                       It is recommended that Red Diesel                                the “cleaning” charge at                       for by the client until the
industries entitled to Red                                    removed from an off hired machine                                the end of the hire if they                    next stage payment.
                                                              should be pumped out from the
Diesel Rebate and explain                                                                                                      supply Red Diesel for use                      Use this time to re-confirm or adjust your
                                                              machine and appropriately filtered
the “cleaning” charge at the                                  and stored for reuse in entitled sectors,                        in your machine.                               payment terms with your clients and credit
end of the hire if they use                                   consideration of its reuse should be                             It is recommended that Red Diesel
                                                                                                                                                                              terms with your fuel suppliers as cash flow
                                                                                                                                                                              will become increasingly important.
Red Diesel.                                                   made when calculating your                                       removed from an off hired machine
                                                              “cleaning” charges.                                              should be pumped out from the                  Consider your one-off costs in order
For hirers entitled to use Red Diesel
                                                              Members should also note the amended                             machine and appropriately filtered             to stay compliant. These may include
they should be encouraged to return
                                                              clause 12(e)* in the SPOA terms and                              and stored for reuse in entitled sectors,      the costs of removing or running
the machine without having filled it up
                                                              conditions of hire                                               consideration of its reuse should/             down red diesel, purchasing additional
with fuel.
                                                                                                                               could be made when calculating your            tanks, security, deterrents, vehicles or
Hire companies should always complete                                                                                          “cleaning” charges.                            equipment, sourcing alternatives before
a post-hire inspection when plant                                                                                                                                             the 1st April 2022 deadline.

                                                                                                                                                              Businesses will not be permitted to use
*12(e) Other Costs - If using duty rebated fuel (like Red Diesel) the Hirer shall drain the tank
of such fuel at the end of the Period of Hire and, if there is failure to do so, the cost of the Owner                         Plant                          Red Diesel in plant depots or yards, this
                                                                                                                               Depots
draining the tank and replenishing with duty paid fuel shall be charged to the Hirer at the
minimum rate of one hours labour plus fuel used/replenished.                                                                                                  applies to forklifts, shunters etc.

  22                                                                                                                                                                                                                 23
         © Scottish Plant Owners Association 2022, Guidance only: Specific advice should be taken on any individual matter.   w w w. s p o a . o r g . u k
Removing the grey areas:

You will be able to use rebated fuel in vehicles and                                                                        Forestry & Agricultural:                     You CAN use Red Diesel to carry the
                                                                                                                                                                          materials or equipment in Excepted
machines used for accepted purposes if you’re in any of                                                                     You can use Red Diesel for creating and
                                                                                                                                                                          Vehicles that you need to do the
the following sectors or situations:                                                                                        managing forest roads and stacking            forestry work
                                                                                                                            areas, these are key to the management
                                                                                                                                                                          You CAN use Red Diesel to remove any
                                                                                                                            of a successful commercial forest. In the
                                                                                                                                                                          produce on waste resulting from the
                                                                                                                            view of HMRC ref: excise notice 75 para
  Ditch Clearing & Drainage: You can use rebated fuel for ditch clearing and                                                                                              contracted work
                                                                                                                           8.23 * “forestry – the science and art of
  drainage only if it is done solely for the benefit of land used for agriculture,                                          forming and cultivating forests and the       You CAN use Red Diesel to transport
  horticulture or forestry.                                                                                                 management of growing timber” & the           road planning’s, crusher run and other
                                                                                                                            meaning of purposes relating to forestry      material for the repair of unsealed
  Fish Farms: You can continue to use red diesel for all existing permitted purposes.                                                                                     tracks – Excise notice 75 para 9
                                                                                                                           “Forestry is the upkeep and management
                                                                                                                                                                          “movement of forestry inputs
  Snow  Clearing & Gritting: You can use rebated fuel in an agricultural vehicle as                                         of forests including the growing and
  
  defined in Schedule 21 [section27(1)] to spread grit on a public road to deal with                                        harvesting of timber.”                        You CANNOT use Red Diesel for the
  snow and ice, to get to and from the place that needs gritting, and to collect the                                                                                      construction of buildings or other
                                                                                                                            This will be dependent on who is doing        structures used for purposes relating
  gritting equipment and material.                                                                                          the work and what that work entails. If,      to agriculture, horticulture or forestry.
  Dual Tanks: HMRC DO NOT permit any ‘dual tank’ fuel system that allows a                                                  for example, the forester (or contractor
                                                                                                                                                                         You CANNOT use rebated fuel if you
  vehicle/machine to swap between rebated and unrebated fuel.                                                               working for them) does this work as a
                                                                                                                                                                          not directly involved in the forestry
                                                                                                                            necessary part of their forestry operation,
                                                                                                                                                                          activity. Examples include:
  I n some jurisdictions or countries, using marked fuel will still be legal in some of                                    that would be an accepted forestry
                                                                                                                                                                             Delivering materials or equipment
  the sectors (including machines and appliances) that will no longer be allowed                                            activity. If a roadbuilding/civils business
                                                                                                                                                                              that a forester has leased or
  to use rebated fuel in the UK from 1 April 2022. If you refuel and use your vehicle
                                                    st                                                                      does this work to create the road before
                                                                                                                                                                              purchased from you
  (including machines or appliances) in a jurisdiction or country where using                                               any forestry takes place, that would be
                                                                                                                                                                             A haulier employed to transport
  marked fuel in that vehicle is allowed, you can use up the remaining fuel in the                                          considered construction work which is a
                                                                                                                                                                              goods or equipment to or from
  machine when you return to the UK. - An example of this scenario would be                                                 non-forestry activity
                                                                                                                                                                              a forest.
  Hiring a machine onto a job in Dublin, Ireland and it returns back to your depot                                          If you are contracted or otherwise
                                                                                                                                                                             *Excise notice 75 will be replaced or
  in Scotland. You will need to retain receipts or other documents to show that you                                         engaged to carry out forestry work:
                                                                                                                                                                              updated for April 2022
  have not refilled your vehicle (including machines or appliances) unlawfully in the                                           ou CAN use Red Diesel to drive to and
                                                                                                                               Y
  UK. You will not need to flush the tank of your vehicle on your return to the UK.                                            from the forest in Excepted Vehicles

 24                                                                                                                                                                                                                   25
      © Scottish Plant Owners Association 2022, Guidance only: Specific advice should be taken on any individual matter.   w w w. s p o a . o r g . u k
What vehicle                         (including any machines or appliances)

can use rebated fuel for accepted uses

Agricultural vehicles -                                      Special vehicles - A special
an agricultural vehicle is a:                                vehicle is a vehicle designed,
                                                             constructed and used as set
      tractor
                                                             out in Part 4 of Schedule 1
      single seat, light vehicle (less than
      1,000 kilograms), designed and
                                                             to the Vehicle Excise and
                                                             Registration Act 1994, but
                                                                                                                              Impact on Training
      constructed mainly for off-road use                    without any weight restriction.
      vehicle licensed only for use                        Special vehicles include:
      between different parts of land for
                                                                     digging machines
      purposes relating to:                                                                                                   With the current shortage in plant operators across
                                                                     mobile cranes
      agriculture                                                                                                            Scotland and the rest of the British Isles it is more
                                                                     mobile pumping vehicles
      horticulture                                                                                                           important now than ever that the construction industry
                                                                     work trucks
      forestry                                                                                                               encourages new entrants into the plant sector to create
                                                                     road rollers
       ehicle constructed and adapted,
      v                                                                                                                       the operators of the future and reduce as many of the
      with built-in or permanently                                                                                            potential barriers within their career path as possible.
      attached handling and processing                       Other machines, appliances
                                                                                                                              Every company who invests in their employees or individuals who develop their own
      equipment, to be used for purposes                     and unlicensed vehicles
                                                                                                                              plant operator qualifications will unfortunately be effected through the increase in
      relating to agriculture, horticulture,                 include:
                                                                                                                              training course costs.
      fish farming or forestry
                                                                     machines or appliances that are
                                                                                                                              Training providers are also losing entitlement to Red Diesel Rebate and will be
                                                                     not a vehicle or vessel
                                                                                                                              required to deliver all plant training using White Diesel. Initial estimations are that
                                                                     non-road mobile machinery                               this will result in a 4-6% increase onto the overall cost of any plant operator course.

 26                                                                                                                                                                                                                27
        © Scottish Plant Owners Association 2022, Guidance only: Specific advice should be taken on any individual matter.   w w w. s p o a . o r g . u k
Checklist:
businesses should take action now to
prepare for this change from 1 st April 2022
                                                                                                                            Guidance Stickers
 	Brief your staff on the new legislation

 	Assess existing stocks of red diesel and develop a plan for running them down                                            Stickers should be put on or near
 	Identify all plant and equipment you own, hire, lease or use that                                                        fuel tanks on plant and machinery
   currently uses red diesel                                                                                                and on fuel bowsers and tanks.                            Scan the
 	Determine a schedule for moving to white diesel                                                                          Use the stickers to remind users to put white            QR Code to
                                                                                                                            diesel (or equivalent) into fuel tanks from 1st April.   download
 	Review existing contracts with both clients and suppliers for any
   potential price implications from the loss of entitlement
                                                                                                                            We’ve produced artwork for stickers for you to use       the sticker
                                                                                                                            on your machines and bowsers.                             artwork.
 	Discuss with your clients the cost implications of plant and equipment
   using white diesel from 1st April 2022

 	Confirm your payment terms to your clients and customers as cash flow                                                                   WHITE DIESEL
                                                                                                                                                  ONLY
   will become increasingly important

 	Talk to your diesel supplier to check your credit terms going forward

 	Review your security both on site and at your depot/yard, do all you can
   to mitigate the theft risk
                                                                                                                                           HVO GREEN D+
                                                                                                                                                  ONLY
 	Keep all records of fuel purchase and use organised

 	Update your Terms and Conditions

 	Put stickers on or near fuel tanks on plant and machinery, reminding
   users to put white diesel (or equivalent) into fuel tanks from 1st April. See
                                                                                                                                              GTL FUEL
                                                                                                                                              ONLY
   page opposite.

 	A downloadable version of this guidance can be found on the SPOA
   website or by scanning the QR Code on page 30.

28                                                                                                                                                                                          29
      © Scottish Plant Owners Association 2022, Guidance only: Specific advice should be taken on any individual matter.
notes

REFERENCES

     HMRC Seizing equipment
     
     HMRC Guidance: Check when Red Diesel can be used
     
     HMRC Guidance: How to prepare for the changes to rebated fuel if you’re a fuel user
     
     HMRC Excise notice 75
     
     Renewable Diesel Handbook
     
                                                                         Scan for
                                                                      document
Thanks to                                                              reference
HM Revenue and Customs | Confor | FCA
                                                                           links...
Oilfast | Certas | Crown Oils | Neste

w w w. s p o a .o r g. u k
The information contained in this note is for general guidance only and represents our understanding of relevant
law and practice as at February 2022. Products mentioned in this guidance are the result of SPOA research and
are not paid for advertising. The Scottish Plant Owners Association cannot be held responsible for any action
taken or not taken in reliance upon the contents. Specific advice should be taken on any individual matter.

  30                                                                                                                                    31
          © Scottish Plant Owners Association 2022, Guidance only: Specific advice should be taken on any individual matter.
S c o t t i s h P l a n t O w n e r s A s s o c i at i o n ,
           3 1 9 S t V i n c e n t S t r e e t, G l a s g o w, G 5 2 R Z
Phone: 0141 248 3434 | Email: info@spoa.org.uk
                                               w w w. s p o a . o r g . u k
You can also read