A friend of mine, who drives ADR on european routes, brings home, every two weeks three IBCs of Diesel.
He buys this Diesel in France en route to home base.
Upon his arrival he then sells this Diesel to all takers.
Is it illegal?
Who is breaking the law, the buyers, the seller or both?
Discuss!
matchbox:
A friend of mine, who drives ADR on european routes, brings home, every two weeks three IBCs of Diesel.He buys this Diesel in France en route to home base.
Upon his arrival he then sells this Diesel to all takers.
Is it illegal?
Who is breaking the law, the buyers, the seller or both?
Discuss!
Another fine thread by Matchbox
Which law are we talking about 
By that I mean, is it: ADR? IMDG? Customs? The buying and selling of fuel? The storage of fuel? COSHH? VAT? The only thing I can tell you at this point is that UK dangerous goods Regs would NOT apply to his road journey.
I wouldn’t want to post anything outside the remit of your thread.
Where does he sell it and how much 
(I guess its like drink, must be for personal use and not re-sale)
matchbox:
A friend of mine, who drives ADR on european routes, brings home, every two weeks three IBCs of Diesel.He buys this Diesel in France en route to home base.
Upon his arrival he then sells this Diesel to all takers.
Is it illegal?
Who is breaking the law, the buyers, the seller or both?
Discuss!
You too,as it is a Crime not reporting a Crime 
dieseldave:
matchbox:
A friend of mine, who drives ADR on european routes, brings home, every two weeks three IBCs of Diesel.He buys this Diesel in France en route to home base.
Upon his arrival he then sells this Diesel to all takers.
Is it illegal?
Who is breaking the law, the buyers, the seller or both?
Discuss!
Another fine thread by Matchbox
Which law are we talking about
By that I mean, is it: ADR? IMDG? Customs? The buying and selling of fuel? The storage of fuel? COSHH? VAT? The only thing I can tell you at this point is that UK dangerous goods Regs would NOT apply to his road journey.
I wouldn’t want to post anything outside the remit of your thread.
[/quote]
It is actually just legal to fire the Diesel with that Vehicle where he is in tank tanked
i know one who brought Diesel with a Show Truck,he travelled for Fun tu Belgien,to UK,and tanked his Fleet Van’s till Custom had him.
I believe the seller is, not sure how it stands re the buyers.
As far as I am aware the freedom to import fuel without paying the UK duty on it only applies to fuel imported in the normal running tanks of a vehicle and is only for use in the vehicle which imported it. Those hauliers who bring one truck in with full tanks then pump it out into their other trucks are breaking the law and customs would take an interest in them. I am also pretty sure that the tanks must directly feed the engine, so tanks such as belly tanks or catwalk tanks where the fuel needs to be transferred into another tank prior to use are also out.
I used to have some Customs leaflets about it, I’ll try and find them.
NIce one Coffee.
Obviously I could never admit to being one of the persons who buy it from him.
Nor could I admit to buying it for fifteen quid for a 25 litre drum.
Thanks for the input Dave, my question was really about whether or not anyone could have their collars felt for buying it from him.
And if they did have their collars felt, could they be made to prove where they bought the Diesel from, and from whom.
Or would the collar feelers have to prove it was untaxed diesel. If you know what I mean, before they could take any action.
Though I would imagine that they would have to follow that person to the ‘pick up’ (sounds so seedy) and then back to his or her car AND catch tehm putting it in their car. (If that’s what they use it for of course!)
After the channel tunnel opened there was lots of weekend work available in the South East popping across the channel with empty units to tank up with diesel, 4 trips a day was possible. These units were fitted with “very” large tanks! The tunnel even had a special cheap rate for this.
This all stopped when the 1000L maximum rule was introduced (for safety reasons) and belly tanks were banned. I’m sure CoffeeHolic is right in saying that all tanks must be attached to the engine.
I can imagine the Douanes could be very interested too. It will be enough for them that he doesnt have a CMR and has an extra 3 IBC tanks on his trailer.
The Revenue will take over next, you could even be on their hit list now 
Can you hear a helicopter flying over your house.
I would be afraid, very afraid 
Frome the HM Revenue & Customs website.
How much fuel can a commercial vehicle bring into the UK without paying additional duty?
You may bring in the fuel which is held in the ‘standard tank’ of the vehicle in question, provided that the fuel is not removed from the vehicle. The fuel may only be used in the vehicle in which it was imported. In addition, fuel may be brought into the UK in a ‘special container’ for on-board refrigeration systems on condition that this ‘special container’ is not connected to the engine or the fuel system of the vehicle. If you are in any way unsure, contact the Customs National Advice Service for further advice.
The document this came from can be found HERE.
Lovlyperson:
Not so, there may be a legal obligation but nobody is required by law to report a crime they have knowledge of.
On further reading of the Revenue site I think the buyer can be prosecuted. On there it says they can:
prosecute individuals engaged in the evasion of oils duty
By knowingly buying illegally imported fuel I guess you are engaged in the evasion of duty. They could, if they got really serious, seize your vehicle.
More Info HERE
Martin:
This all stopped when the 1000L maximum rule was introduced (for safety reasons) .
I best send these new Dafs back then cos they hold 1500 litres
Harry Monk:
Lovlyperson:
Not so, there may be a legal obligation but nobody is required by law to report a crime they have knowledge of.
As the Official TruckNet Pedant seems to be having a lie in this morning I better ask, did you mean moral obligation? Because legal obligation would surely mean it was required by law? 
Robbies Dad:
Martin:
This all stopped when the 1000L maximum rule was introduced (for safety reasons) .I best send these new Dafs back then cos they hold 1500 litres
And Volvo quite happily fitted tanks with a combined capacity of 1200 odd litres to each of my last two trucks. It was never a problem, or even questioned in any control - including controls where they dipped the tanks to check for rebated fuel. I think the xxxx litres limit thing is just another a driver’s myth. As long as they are ‘normal’ running tanks and directly feed the engine the limit is only governed by how big the tanks are you can squeeze onto the chassis.
Im sure the 1000 litre limit only applies to a single tank. If you have 2 tanks it is not a 1000 litre tank. Its a 700 litre and a 500 or summat.
Something had to be done because people were fitting hidden tanks into headboards (then knocking corners off the trailers) and fitting leaky top tanks.
My belly tank used to make the Germans splutter as it held 1700 litres of cherry
Harry Monk:
Lovlyperson:
Not so, there may be a legal obligation but nobody is required by law to report a crime they have knowledge of.
Yes and No
You must not report a Crime if You frightening that anyone could do Harm to You or Your family,or so,
but,
At that moment you frightening not enough to tell the Crime to other may you be with in the Boot.
( 
)
Wheel Nut:
Im sure the 1000 litre limit only applies to a single tank. If you have 2 tanks it is not a 1000 litre tank. Its a 700 litre and a 500 or summat.Something had to be done because people were fitting hidden tanks into headboards (then knocking corners off the trailers) and fitting leaky top tanks.
My belly tank used to make the Germans splutter as it held 1700 litres of cherry
If you have more than 999 Liter in any one Tank,than is it an ADR Transport
Lovlyperson:
If you have more than 999 Liter in any one Tank,than is it an ADR Transport
Lovlyperson:
If you have more than 999 Liter in any one Tank,than is it an ADR Transport
There are several areas of law here, and as usual Coffeeholic is right. Some people are quoting limits from “channel tunnel safety” I’m not commenting on that.
Some are quoting Customs (Revenue) law, I’m not commenting on that.
Since you mentioned ADR, then the following comment applies to ADR ONLY.
Nowhere in ADR is there a 999 litre limit for anything. Period.
Doing my Mysticdave bit, I’m guessing that you mean the ADR threshold for diesel, which is 1,000 litres if it’s carried in packages. (IBCs ARE packages) People commonly misunderstand the word “threshold.” It is NOT a limit, it means that: when there is more than this amount- the regs apply in full. Different substances have different thresholds.
Next we must consider exemptions to ADR. The fuel contained in a vehicle’s running tank is normally exempt. Every car would need orange boards front and rear, because of the petrol in the tank- so there’s the reason for the exemption.
Next, the exemption sizes for fuel tanks.
Quote from ADR 2007 1.1.3.3(a):
"The provisions laid down in ADR do not apply to the carriage of:
(a) fuel contained in the tanks of a vehicle performing a transport operation and destined for its propulsion or for the operation of any of its equipment.
The fuel may be carried in fixed fuel tank**s**, directly connected to the vehicle’s engine and/or auxiliary equipment, which comply with the pertinent legal provisions, or may be carried in portable fuel containers (such as jerricans).
The total capacity of the fixed tanks shall not exceed 1500 litres per transport unit and the capacity of a tank fitted to a trailer shall not exceed 500 litres. A maximum of 60 litres per transport unit may be carried in portable fuel containers. These restrictions shall not apply to vehicles operated by the emergency services."
ADR uses the words “transport unit” to mean a vehicle (rigid or artic.)
That answers the question of legality of sizes for vehicle running tanks from ADR’s point of view. SORTED (There are other laws with other limits.)
Nobody has told me the size of the IBCs involved, so I’ll have to guess at the average size being 1,000 litres. (The maximum allowable size of an IBC is 3,000 litres, if you use it to transport Diesel. ADR 2007 1.2.1) The minute you have more than one of these 1,000 litre IBCs on board, then ADR applies in full.
So whether he is under or over a 1000, Orange plated or not. I would have thought the main issue here is a customs and excise one but i cant seem to find anything to support this there is more written on tobacco smuggling than on fuel whether it be petrol or diesel…Odd are the goverment actually missing a trick here?? 