red diesel the law.

[agrimog]

if it wasnt forestry, agriculture, or horticulture, it must be white.....arboculture does not allow the use of red.....no grey areas, its all clearly layed out in the HMRC guidlines, pay the fine and think yourself very lucky

[woody paul]

Was the mog sitting on the road or in school grounds.

[tree_beard]

if it wasnt forestry, agriculture, or horticulture, it must be white.....arboculture does not allow the use of red.....no grey areas, its all clearly layed out in the HMRC guidlines, pay the fine and think yourself very lucky

(Not specifically aimed at you agrimog, but generally)

 

Threads on red dizzel and mogs always dwell on the forestry exemption, but is arboriculture not an aspect of horticulture? And in that case should we not all be burning the claret?

[TRADITIONAL LOGGERS]

Roadside trees on HIGHWAY owned land is OK on Red diesel but NOT on private land. Commercial haulage in Agricultural vehicles is a risk area even using Red. Taking own produce back to base (not a landfill site) including wood is fine as the NFU and APF had meetings with HMRC.

 

Regarding the fine ask the HMRC about the illegal charge on chainsaw petrol fuel around 70 pence a litre!!

 

Seen numerous local contractors around here doing machine and gravel haulage with tractors running on Red. Huge Risk.

[AA Teccie (Paul)]

On the VOSA site it says that if the trees are road side then red is ok, but for anything domestic then its not. But also it depends what is on your mog, if its just a crane then its mobile plant, and again red is fine, if it has a chip bin then it hauls for hire or reward and it needs to be on white. So my tractor and heizo is ok to travel to and from site on red, but if I haul chip or timber then it has to be on white. We run on both, but we don't change filters....

 

Hi Tom,

 

I'm not expert here and usually steer well clear but my interpretation of the guidance (cited elsewhere) is that the 'agricultural vehicle' is being used to cut roadside trees and hedges, i.e. a tractor with a side arm flail, not that it is transporting people and equipment (chainsaws etc.) for cutting roadside trees.

 

I always struggle with the Unimog registered as an 'ag' but then with white-diesel being used whilst driven on public roads. Although HMRC might be happy(er) about this as they're receiving the extra fuel duty, VOSA/DVSA may not as they may expect it to be registered as a heavy goods vehicle under a 'O' licence etc. etc.

 

A very complex area of vehicle law and interesting HMRC said it was their interpretation, or similar. I would prefer they say "this is the case," or better still not, so its clearer to all.

 

Cheers..

Paul

[GA Groundcare]

 

Seen numerous local contractors around here doing machine and gravel haulage with tractors running on Red. Huge Risk.

 

Yep, get a 250hp tractor, 50k box and air brakes towing a fully loaded HGV trailer on red hauling commercial products is bound to be pulled up! No difference than having a Lorry unit on the front really.

[john p]

Hi Tom,

 

I'm not expert here and usually steer well clear but my interpretation of the guidance (cited elsewhere) is that the 'agricultural vehicle' is being used to cut roadside trees and hedges, i.e. a tractor with a side arm flail, not that it is transporting people and equipment (chainsaws etc.) for cutting roadside trees.

 

I always struggle with the Unimog registered as an 'ag' but then with white-diesel being used whilst driven on public roads. Although HMRC might be happy(er) about this as they're receiving the extra fuel duty, VOSA/DVSA may not as they may expect it to be registered as a heavy goods vehicle under a 'O' licence etc. etc.

 

A very complex area of vehicle law and interesting HMRC said it was their interpretation, or similar. I would prefer they say "this is the case," or better still not, so its clearer to all.

 

Cheers..

Paul

 

 

When your doing accreditations how do you deal with this issue? With everything else gone over with a fine tooth comb I don't expect you can turn a blind eye to it?

[agrimog]

if the mog is fitted with a three point linkage and a tpo, there is NO doubt, it is an agricultural machine, this is clearly covered in the construction and use act.....not arguable by anyone, even VOSA, they can only apply the rules, not make them, no matter what they like to think, do a search, print off the relevant sections and paras, laminate them and keep them in your mog, when you get hasstle off any of them, including plod, take them out and ask just what bit of black and white dont they understand, do not ever let them tell you they know best, and once again THERE ARE NO GREY AREAS WHERE MOGS ARE CONCERENED, its all been sorted out in various courts a long time ago

[devon TWiG]

A while back in Devon a guy got fined for cutting grass on a playing field / park with a tractor ,using red diesel he did it voluntarily for years so no hire /reward , I would of thought this was horticulture but it seems this was not the case .

[agrimog]

playing field is classed as a public area so horticulture wouldnt apply, some crazy rules out there, of all the ones horticulture is the most difficult to comply with