A Galway farmer was shocked recently when Customs Officials entered his farmyard and dipped the diesel in a 16-year-old field car parked in the yard.

He protested that the car was no longer taxed, insured or driven on the public road and that, yes, it was driven on green, tractor diesel. It was used for bringing in cows and never even crossed the road. The farmer and his wife each have a more up to date car for driving needs.

Nonetheless, the Customs officials dipped the tank, confirmed the marked gas oil and told the farmer he faced a fine of €2,500. He could challenge it in court, but risked a fine of up to €5,000 if he lost.

The farmer found the whole scenario hard to believe and sought advice from Roy O’Brien, his local IFA development officer, and from the Irish Farmers Journal.

He said that if it was against the law to use green diesel in a field car, then other farmers needed to be warned.

The Irish Farmers Journal obtained this advice from Revenue:

“Marked gas oil cannot be used in a ‘motor vehicle’ which is designed to be suitable for use on a road. Motor vehicle is defined under section 94 (1) of the Finance Act 1999. This remains the case even if the motor vehicle has been declared for non-use on a public road.”

In Northern Ireland, farmers can use red tractor diesel in a car or jeep on public roads when moving between different areas of their own land, “for purposes relating to agriculture, horticulture or forestry, as long as this does not involve travelling on public roads for more than 1.5 kilometres”. The vehicle must also have a “nil licence”.