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UK to Comply With EU Ruling on Red Diesel.


Alan de Enfield

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4 minutes ago, Dr Bob said:

I wish I had a Brain.

 

Somebody once suggested if my brains were dynamite, there wouldn't be enough to blow my hat off. 

 

Which I thought was quite amusing....

 

 

(What does it mean?)

 

 

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On ‎21‎/‎07‎/‎2019 at 16:12, ditchcrawler said:

From the RYA web site https://www.rya.org.uk/knowledge-advice/regulations/Pages/red-diesel.aspx

 

What is a “private pleasure craft”?

The definition of “private pleasure craft” for the purposes of the Energy Products Directive and the purchase of red diesel in the UK is defined in the Directive as:-

“Any craft used by its owner or the natural or legal person who enjoys its use either through hire or through any other means, for other than commercial purposes and in particular other than for the carriage of passengers or goods or for the supply of services for consideration or for the purposes of public authorities”

 

And from the HMRC site https://www.gov.uk/government/publications/excise-notice-554-fuel-used-in-private-pleasure-craft-and-for-private-pleasure-flying/excise-notice-554-fuel-used-in-private-pleasure-craft-and-for-private-pleasure-flying

 

4.4 What if I operate a boat club or hire, lease or lend boats to third parties?

Boat clubs and hire companies, such as those who offer boating holidays, may ‘self-declare’ on behalf of the person hiring/using the boat, if they can’t reasonably be expected to estimate the proportion of fuel which may be used for propulsion during the period of hire. We accept that the club/company/owner of the vessel may be better placed to know this and make an accurate declaration on their behalf.

The owner may simplify the system of declarations for each boat and period of hire, in the same manner as described at paragraph 4.2, provided there’s a clear audit trail between the hire contract and the fuel provided to the customer during the period of hire.

The owner may account for the duty due on behalf of the customer/club member or charge them duty at each fuel supply transaction, depending on the circumstances of the hire, for example, many holiday vessels are hired for a one-off payment which includes the cost of fuel to be used during the hire period, so duty should be factored into that price.

 

 

 

Maybe the definition given in the merchant Shipping Acts is easier to follow (less ambiguous)

 

 

Pleasure vessels are vessels used for sport or recreational purposes and do not operate for financial gain.

A more extensive legal definition is provided by the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) 1998 (SI 1998/2771), as amended. This definition is reproduced below:
"pleasure vessel" means-
(a) any vessel which at the time it is being used is:
(i)
(aa) in the case of a vessel wholly owned by an individual or individuals, used only for
the sport or pleasure of the owner or the immediate family or friends of the owner;
or
(bb) in the case of a vessel owned by a body corporate, used only for sport or pleasure
and on which the persons on board are employees or officers of the body corporate, or
their immediate family or friends; and (ii) on a voyage or excursion which is one for which the owner does not receive money
for or in connection with operating the vessel or carrying any person, other than as a
contribution to the direct expenses of the operation of the vessel incurred during the
voyage or excursion; 


(b) any vessel wholly owned by or on behalf of a members' club formed for the purpose of sport or pleasure which, at the time it is being used, is used only for the sport or
pleasure of members of that club or their immediate family, and for the use of which any charges levied are paid into club funds and applied for the general use of the club; and


(c) in the case of any vessel referred to in paragraphs (a) or (b) above no other
payments are made by or on behalf of users of the vessel, other than by the owner.
In this definition "immediate family" means-
in relation to an individual, the spouse or civil partner of the individual, and a relative of the individual or the individual's spouse or civil partner; and "relative" means brother, sister, ancestor or lineal descendant;

 

Internationally agreed - in particular by the EEA in May 1992 and signed in Brussels in May 1993

 

http://www.legislation.gov.uk/uksi/1998/2771/made

Edited by Alan de Enfield
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  • 4 weeks later...
On 19/07/2019 at 11:20, Jess-- said:

we have a 10kva diesel generator that is rated to run on diesel or heating oil,

however for heating oil it notes that you should derate the output to 9kva, that the exhaust will be smoky and that the time between oil and filter changes should be halved

The manual for my Onan states No. 2 Diesel Fuel. Spec EN590 or ASTM D975.

 

So presumably not kerosene or heating oil.

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