red diesel the law.

[renewablejohn]

At our recent HMRC tribunal the subject of transporting timber back to the farm came up which was allowed on the basis of share farming. I mention as it might be useful for others.

[Tom D]

I know of two farmers round here who got done, one had taken a load of scrap off the farm to a scrap yard, and the other was taking a load of waste wood to the Nov5th bonfire in the village...

 

If you are driving to a legitimate job (forestry, farming, horticulture, building site) and are only taking a legitimate machine (see the regulations) then you are ok. The moment you transport chip or timber you should be on white, I think.

 

Best plan is get this \l/ \l/ \l/ printed on a tarp and put it over your trailer.

Edited March 5, 2015 by Tom D

[Mark Bolam]

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

 

I've never seen a Mog fitted with a tpo mate.

Do you have to apply if you want to work on them?

 

 

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[Ian C]

I've never seen a Mog fitted with a tpo mate.

Do you have to apply if you want to work on them?

 

 

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Haha surely it must be an mpo????

[harrythecat178]

A couple of weeks ago me and my mate were doing some dead wooding at a school. A car pulled up and asked who the unimog belonged to . The mog is taxed as agriculture spec and is displayed on the tax disc . It is also fitted with a crane and timber grab. The gentlemen were from HRMC and dipped the tank... yes it was running on red .

 

Two hours later and a lot of phone calls they said they were unsure if we are legal or not and they would be in touch. Yesterday they came to the owners address and told him that if he did not pay a fine the vehicle would be impounded. They stated in a letter that although it was a grey area they believed that the vehicle should run on normal diesel because we do not work in forestry. We are both certificated tree surgeons and some times do do forestry work but on this occasion as stated were doing arboriculture work. We where told that we should have changed the diesel and the filters ie red for forestry white for arboriculture.

 

My question is how many of you think we have done nothing wrong and are doing the same.... your thoughts please.

I think HMRC are correct and you should pay fine and know for the future. You are carrying out maintenance work in a school just as a builder or jobbing gardener might. The builders transit van wouldnt stand a chance running on red. HMRC aren't concerned what the vehicle is, they are concerned what it is doing. There is no way a school can be classed as forestry. Farmers weekly interactive published a very good guide Feb 14 I beleive

[agrimog]

ok smarty pants mark. pto, get my wuking murds fuddled I do, been a long day fighting with H&S over some paperwork

[Mark Bolam]

Haha!

I worked with MEWPs a lot a few years back, 34m Brontos mainly.

They carried laminated sheets in the cabs explaining why, after a court case in 2000, they could run on red.

 

I don't think the police or VOSA know the law.

I can understand the police have too much on their plates to know, but I think VOSA should.

 

 

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[openspaceman]

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 .

 

...and I would think the OP's was a similar case but was the fine for using the tractor in the school grounds or driving to the job on public roads?

[Agi-Smash]

Even if it is fitted with three point linkage and pto, and is clearly ag, dont be fooled. Some of my uncles mates got done at a ploughing match for running cherry. Even though ploughing is agricultural thing to do its not deemed as ag. It has to be "farming"

I am aware you can buy a can of additive to put in red, which removes water, settles sediment, libricates pumps etc etc etc but inadversantly turns the red dye a very light green, obviously i wouldnt use it on the road, your honour.

[Mark Bolam]

Is it the machine or the job that's relevant?

Or both?

 

I only have a Transit. I run that on red, but I'm always absolutely mortal drunk, so it's the least of my worries.

 

 

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