A belly full of argument
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by Miles Brignall • Two weeks ago Shropshire haulier Peter Court of PJ Court & Son had his truck impounded for two hours by French police near Dieppe. His supposed crime was to be running a vehicle fitted with a top tank.
Only after he had complained to the arresting officer that it was in fact legal, and refused to hand over a £1,100 fine, was he eventually allowed to carry on his journey.
This incident, while minor in itself, re-opened what must be one of the longest-running battles between British hauliers and the French authorities: the argument over the use of top and bellytanks.
Three years ago CM carried a series of stories about hauliers being stopped and fined in France for using trailers fitted with bellytanks. Even then it was an old story. A year ago the problem seemed to be resolved. When the French equivalent of the Department of Transport apparently issued instructions to the police to leave hauliers alone as long as their tanks met certain criteria.
Put simply, trucks entering France that are carrying duty paid (white) diesel are allowed to carry up to 1,500 litres. Of this, 500 litres can be carried in a tank on the trailer (a bellytank) but only to feed any refrigerating equipment on the trailer. Feeder pipes to the tractor unit tanks are NOT allowed under the present hazardous goods (ADR) legislation.
Catlffalktanks
This leaves 1,000 litres that can be legally carried on the tractor. Operators using three-axled units with smaller tanks have traditionally got around the problem of reduced capacity by fitting top tanks. These tanks, which are also known as catwalk tanks, can now have a combined capacity of 1,000 litres, and as long as the extra tanks feed to the main engine they are allowed. Where no fuel is carried on the trailer the whole 1,5(X)-litre entitlement can be carried on the tractor.
The ADR legislation was agreed at European Commission level and covers every country in the Union. And that you would have thought, would be it. But there's another angle to the whole matter. According to Customs & Excise, the legislation that governs the amount of fuel that operators are entitled carry between EU member states without incurring extra duty (tax), says it has to be carried in standard tanks fitted at the time of manufacture.
This effectively means that a haulier using a top tank (not currently fitted as standard by any of the truck manufacturers) would be breaking the rules—or would at least be liable to extra duty. "We could stop an Irish haulier carrying duty-paid fuel in a top tank and demand extra payments," says our Customs source. But in reality, he adds, unless the operator was carry
ing duty-free (red) diesel he's unlikely to have any problem in the UK.
This apparent contradiction has yet to be resolved.
Hauliers we have spoken to, who have stopped using bellytanks and who have been sticking to the 1,500-litre maximum, say they have not had any problems over the past 12 months. In the two recent incidents of hauliers being stopped, it's not clear which set of regulations they were charged under.
But there is a possible solution on the horizon. At a meeting in Brussels last week, it was agreed that the Customs rules governing the carriage of fuel should fall into line with the ADR regulations. Customs says this could be in place by the end of the year.