any chance you or anyone else would know the answer to this question posted on the farming forum
Quick question,
Transport of fuel in tractor pulled bowser for agricultural use is exempt from ADR regulations,
But I can’t find where the exemption is!!
If anyone has a clue where to look, please point me in the right direction
Cheers Hesston
cheers graham
not to sure myself? is the tractor on public roads or private grounds?
d4c24a:
any chance you or anyone else would know the answer to this question posted on the farming forumQuick question,
Transport of fuel in tractor pulled bowser for agricultural use is exempt from ADR regulations,
But I can’t find where the exemption is!!
If anyone has a clue where to look, please point me in the right direction
Cheers Hesston
cheers graham
Mentions 3000 litre limit, before you would get involved with ADR regs although the bowser would need to have an ADR certificate.
thanks for the link , should be a great help 
weeto:
d4c24a:
any chance you or anyone else would know the answer to this question posted on the farming forumQuick question,
Transport of fuel in tractor pulled bowser for agricultural use is exempt from ADR regulations,
But I can’t find where the exemption is!!
If anyone has a clue where to look, please point me in the right direction
Cheers Hesston
cheers graham
Mentions 3000 litre limit, before you would get involved with ADR regs although the bowser would need to have an ADR certificate.
Hi weeto,
Sorry mate, but I think you might have misread the info in the link.
3,000 litres is the maximum size limit for an IBC, and NOT the threshold limit for the carriage of Diesel fuel by using the small load exemption in ADR.
The small load exemption for Diesel fuel in ADR is 1,000 litres.
If you carry more than 1,000 litres of diesel fuel in a package (an IBC is a package), then you need an ADR licence and everything applicable to the carriage of Diesel in ADR would then apply.
thanks for that Dave
d4c24a:
thanks for that Dave
Hi d4c24a,
Sorry it’s taken a while, but the question you asked in your OP had me reaching for my law books. 
There is indeed an ADR exemption for agriculture, but it’s rather convoluted…
Here goes:
CDG 2009 (as amended) Reg.16(2)
Carriage by road other than by vehicles
16.–(1) This regulation applies in relation to carriage by road.
(2) Part 2 of these Regulations does not apply in relation to carriage where that carriage is not undertaken by a vehicle.
Part 2 is the part that says that ADR is to be complied with… BUT
The key word here is “vehicle.” 
CDG 2009 (as amended) Reg.3(5)
“vehicle” Has the meaning given in article 2 of the Dangerous Goods Directive except that the words “at least four wheels and” are to be omitted.
Dangerous Goods Directive Article 2(4)
- ‘vehicle’ shall mean any motor vehicle intended for use on the road, having at least four wheels and a maximum design speed exceeding 25 km/h, and any trailer, with the exception of vehicles which run on rails, mobile machinery and agricultural and forestry tractors that do not travel at a speed exceeding 40 km/h when transporting dangerous goods;
Leaving out the part about “at least four wheels” makes no difference to the answer.
So now we come to Dangerous Goods Guidance from the HSE to clarify the position in the UK.
(HSE are one of the enforcement Authorities for Dangerous Goods in the UK)
Agricultural or forestry tractors that do not travel at a speed exceeding 40 km/h when transporting dangerous goods; or any trailer being towed by such a vehicle. There is no definition of “agricultural or forestry tractor”. Cases will have to be judged on their merits. There are certain tests that can be applied, including taxation class, legal use of “red diesel”, and fittings common to tractors such as PTOs and three point linkages for attachment of agricultural implements. Subject to any Court decision, vehicles, such as Land-Rovers, Range Rovers and other 4x4 road vehicles are not regarded as agricultural or forestry tractors.
The HSE quote is from 
Carriage of Dangerous Goods Manual - Main Exemptions
Please note that there is no definition of “agricultural tractor,” so if the agricultural thingy vehicle complies with the part of the HSE quote that I’ve made blue AND doesn’t travel at a speed exceeding 40 Km/h, then…
… it’s completely exempt from ADR by reason of CDG 2009 (as amended) Reg.16(2).
wirralpete:
not to sure myself? is the tractor on public roads or private grounds?
Hi Pete,
Carriage entirely on an enclosed private property would also give a complete exemption.
Strangely, there also an exemption for operations that go on a public road for a short distance, provided that it can be viewed as an ‘internal’ movement to/from the same company’s premises.
The law uses the phrase “in the immediate vicinity” for this.
Another exemption exists for (as an example) an aircraft refueller that exits an airfield, travels around the airfield on a perimeter road, then re-enters the airfield by another gate. That’s preferable to driving a loaded tanker back across a ‘live’ runway and therefore makes good sense from a safety point of view.
So, thinking about the 1,000 litre limit…
I have seen a few trucks with enormous diesel tanks, some probably capable of carrying more than 1,000 litres… should the drivers have adr ■■
Or should I get my coat ■■
Trukkertone:
So, thinking about the 1,000 litre limit…
I have seen a few trucks with enormous diesel tanks, some probably capable of carrying more than 1,000 litres… should the drivers have adr ■■
Or should I get my coat ■■
Hi Truckertone,
No mate, you won’t need your coat.
The exemption for your own fuel is a different exemption to the one for your cargo.
Fuel intended for propulsion and contained in a vehicle fuel tank which is connected to the engine has a completely separate limit of 1,500 litres carried on the vehicle, but it’s best remembered that it’s not cargo.
You can also have an additional maximum of 500 litres for powering ancillary equipment on a trailer, such as a fridge.
You can also have an additional maximum of 60 litres as spare fuel in jerricans.
The Vehicle fuel limit = 1,500 litres
The Vehicle fuel limit with spare fuel = 1,560 litres
The Vehicle and fridge trailer fuel limit = 2,000 litres
The Vehicle and fridge trailer with spare fuel = 2,060 litres
So, you could have a vehicle that has a maximum size fuel tank and 60 litres of spare fuel, whilst you’re carrying another 1,000 litres of diesel as cargo to be delivered… along with a generator that has a full fuel tank.
All of these exemptions can be used at the same time and you still wouldn’t need an ADR licence. Strange, but true.
thanks for that D.D.
Many thanks DD for taking the time to search through your books , i have posted a link and should help clear things up
cheers graham