How to comply with the new fuel rules for off-road machinery

You must use the correct fuel in your off-road machinery, such as mowers and mini-diggers. Since 1st April 2022, it has been illegal to use red diesel (also known as gas oil or rebated fuel) for most commercial landscaping and construction work. To avoid significant fines and potential criminal charges, you must power all your equipment with standard white diesel or an approved alternative like HVO.

What are the new fuel rules?

Red diesel is standard diesel with a red dye added to show that it has a lower fuel duty (tax) applied. Historically, it was permitted for use in off-road vehicles and machinery in specific industries, including landscaping.

The government changed the rules to help meet its climate change targets by encouraging businesses to use less fuel or switch to greener alternatives. As a result, the use of red diesel is now restricted to a few specific sectors, such as agriculture, horticulture for crop-growing, and rail transport. Commercial landscaping is no longer an approved use.

What fuel can you legally use?

For all your landscaping machinery, you must now use one of the following fuels:

• White Diesel (DERV): This is the standard fuel sold at public petrol stations for cars and vans.
• Hydrotreated Vegetable Oil (HVO): HVO is a more environmentally friendly, renewable diesel alternative. It can often be used as a direct replacement for diesel without modifying the engine, but it is typically more expensive. Always check your machine's warranty and manufacturer guidance before using it.

How to ensure you are compliant

Follow these steps to make sure your business stays on the right side of the law:

1. Identify all diesel-powered equipment: Make a list of every machine you own that requires diesel, including excavators, dumpers, chippers, and large commercial mowers.
2. Check fuel tanks: When acquiring any second-hand machinery, you must check the tank for any traces of red diesel before you use it. If any red diesel is present, you must drain it safely and dispose of it via a registered waste oil company.
3. Inform your team: If you have staff, ensure they know that they can only use white diesel or HVO in company machinery and fuel cans.
4. Keep your receipts: Retain all receipts for fuel purchases. These act as proof that you are buying the correct fuel if HMRC ever inspects your site or records.

What happens if you don't comply?

HMRC officials can, and do, carry out spot checks on commercial sites. If they find red diesel in the tank of your machine, the penalties are severe. They can include:

• A fine for each non-compliant machine.
• Seizure of the machinery involved.
• A bill for the unpaid tax.
• In serious cases, criminal proceedings for tax evasion.

Top Tip: Clearly label all your fuel cans to avoid any mix-ups. Use separate, marked cans for white diesel and any petrol you use for smaller tools. This simple step prevents costly mistakes and demonstrates good practice during an inspection.