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Diesel Spillage
Legislation is already in place to prevent diesel spillage.
The UK Construction and Use Regulations were amended so that from 10th December 1990 it is a specific offence to spill Diesel 'failure to maintain a diesel tank in good condition will be an offence'. According to the Dtp at the time.
The offence of 'using a vehicle in a dangerous condition' carries a penalty for which in the case of goods vehicles and buses includes an endorsement of 3 penalty points. It would be for the police and the courts to decide whether such an offence might apply to a case where a motorist had spilt diesel on the road.
The Road Vehicles (Construction and Use) Regulations 1986 currently require that fuel tanks must be constructed and maintained in such a manner that neither liquid nor vapour can escape from them. Anyone failing to comply with these Regulations may be liable to a maximum fine of £2,500.
The recent European Fuel Tank Directive (70/221/EEC) requires fuel caps to be securely attached to the tank. This should reduce the risk of spillage further.
Data on the presence of oil or diesel on the road surface at the site of a road accident has been collected as a separate category within road accident statistics since the beginning of 1999. It was introduced following a review of the collection of national road accident statistics. No information is collected nationally on the contributory factors to accidents.
On lorries, caps must be fitted with seals which must be in serviceable condition e.g. not perished or split. The same applies to breather pipes. Problems arise when tanks are overfilled and breath through the cap, when the cap is missing or unserviceable and when temporary fuel caps are used causing a spillage as soon as the vehicle takes the first bend.
This applies to all vehicles although maintenance schedules on larger long distance vehicles should include a six weekly inspection. This is a legal requirement and if flouted could result in the operator losing his Operators licence which basically means his vehicles aren't allowed to move until he successfully re-applies through the courts.
A loss of Operators licence usually results after a "raid" by the Vehicle Inspectorate during which they check tacho records, maintenance records and inspect the vehicles and maintenance facilities.
Smaller vehicles don't require an O licence or 6 weekly inspections but it is still the operator and driver's responsibility to keep that vehicle in a roadworthy condition.
The legislation is the same for both classes of vehicle but an operator could run a fleet of transits all year without looking at them carrying out remedial maintenance only after an MOT failure. This happens and the driver at least is breaking the law if he takes the vehicle out on the road in a dangerous condition.
This is a strong case for stricter enforcement by the police who now have the power to impound a vehicle that they consider unroadworthy.
The ministry can't be everywhere and it seems that the only time you see a vehicle with a prohibition is as a result of a ministry check and not individual police action. This leads MAG to believe that vehicle roadworthiness checks and especially those leaking diesel are not too high on the list of police priorities.
The six weekly inspections are a good idea in theory but there are operators who either ignore it or have the inspections carried out but never get round to getting the defects found rectified, therefore enforcement is the answer. The culprits tend to be short distance hauliers dashing around the same town making 30-40 deliveries a day. Long distance hauliers know that it doesn't make economic sense to cut corners.
There is a loophole in so much as a serviceable tank could spill diesel if overfilled but the driver would be breaking the law whether he refueled it or not. Once he takes that vehicle on the road it is his responsibility and if he is spilling diesel he is committing an offence.
It is common practice to fit additional or larger tanks to vehicles when the operator asks for it but this is usually carried out on the pre delivery inspection or first service and the work has to be to manufacturers specification. If an extra tank is fitted in such a way as to make it unsafe or prone to leaks it should be picked up on a 6 weekly inspection, failing that on the MOT test or on roadside checks.
The police can't be everywhere but if the first bend outside a bus station is a permanent diesel slick it shouldn't take too much detective work to catch the culprits in the act.
Hard evidence is required to secure any conviction, your task is to go out and find it!
MAG UK© October 2001 All rights reserved.
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