Filling jerry cans with petrol- whats the legal position
28 September 2006, 11:47 AM
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Filling jerry cans with petrol- whats the legal position
I've just been to Tesco's to fill up for Cadwell tomorrow, and filled a couple of 20l jerry cans as well.
Filled the cans first, then the bloody pump shut off half way through filling the car.
Wierd, thinks I, and I can see the woman in the booth shaking her head.
Now, I'm not a woman, so I have no idea why she's shaking her head, although it would appear that she thinks I should know.
As I take no notice, she sends the little old cashier over to b ollock me for filling two cans. Tells me that the law says you can only fill one. I said I usually fill six, and have been doing so since the 90s, and have never had a problem- maybe I've just been lucky.
She then tells me its also illegal to carry more than one full can, and that I'd be in big trouble if I got caught, and they'd get prsecuted as well.
I really don't know- common sense says it could be right, it just seems a little 'jobsworth'.
Filled the cans first, then the bloody pump shut off half way through filling the car.
Wierd, thinks I, and I can see the woman in the booth shaking her head.
Now, I'm not a woman, so I have no idea why she's shaking her head, although it would appear that she thinks I should know.
As I take no notice, she sends the little old cashier over to b ollock me for filling two cans. Tells me that the law says you can only fill one. I said I usually fill six, and have been doing so since the 90s, and have never had a problem- maybe I've just been lucky.
She then tells me its also illegal to carry more than one full can, and that I'd be in big trouble if I got caught, and they'd get prsecuted as well.
I really don't know- common sense says it could be right, it just seems a little 'jobsworth'.
28 September 2006, 11:57 AM
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I have an old "Eversure" mini jerry can (with intergral spout). It's old but far better than than the modern plastic fillcans that dribbles all over the place when you use them.
It has the markings and the BS standards and "petroleum" stamped on it. But will they let me fill the bloody thing? no!
I know you can fill as many diesel cans as you like. Not sure on petrol though
It has the markings and the BS standards and "petroleum" stamped on it. But will they let me fill the bloody thing? no!
I know you can fill as many diesel cans as you like. Not sure on petrol though
28 September 2006, 11:59 AM
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Simon,
The following extract from the HSE website should help.
The main point is : -
20 At filling stations, there is no specific legal restriction on the type or number of containers that can be filled (although Petroleum Licensing Authorities often use licensing conditions to limit the containers sizes). The legal limits are on how and where they are subsequently kept.
Just make sure you keep the petrol pump nozzle in contact with the metal can at all times so that there is a route to earth, especially when starting to fill the container as the splash filling generates a lot of static.
Steve
The following extract from the HSE website should help.
The main point is : -
20 At filling stations, there is no specific legal restriction on the type or number of containers that can be filled (although Petroleum Licensing Authorities often use licensing conditions to limit the containers sizes). The legal limits are on how and where they are subsequently kept.
PORTABLE PETROL CONTAINERS
1 This circular aims to explain the law on the type and capacity of portable petrol containers that can be used to store petrol, filled at petrol stations and carried on vehicles.
2 There are three pieces of relevant legislation:
- the Petroleum (Consolidation) Act 1928 (PCA);
- the Petroleum-Spirit (Motor Vehicles etc.) Regulations 1929; and
- the Petroleum-Spirit (Plastic Containers) Regulations 1982 (which is supported by an ACoP on testing and marking containers).
3 These control how petrol can be kept (and for plastic containers, their design and manufacture for use in work situations). They do not specify the capacity or construction of containers that can legally be filled at petrol filling stations or that can be carried on a vehicle travelling on the road.
The Petroleum (Consolidation) Act 1928
4 PCA requires a licence to keep petrol except for small quantities kept in "securely stopped glass, earthenware or metal containers of a maximum capacity of 570 mls". The total quantity kept in this way must not exceed 15 litres.
METAL CONTAINERS
5 The Petroleum-Spirit (Motor Vehicles etc.) Regulations 1929 exempt certain quantities of petrol kept in metal containers from licensing requirements. The petrol must only be kept for the purposes of refuelling internal combustion engines and must not be for sale.
6 Up to 275 litres of petrol can be kept in any one storage place without a licence. The allowable quantity is reduced when the petrol is kept in or near buildings, or near public thoroughfares or other flammable substances (see below). In calculating the 275 litre limit, the petrol in the fuel tanks of vehicles in the storage area is included in the total.
7 Metal containers must be constructed so as to be reasonably secure against breakage and to prevent leakage of liquid or vapour. They should be marked with the words "petroleum-spirit" and "highly flammable".
8 The maximum container capacity for keeping petrol is 10 litres unless the following conditions are met:
a) the storage place is more than 6m from a building, highway or public footpath,and;
b) there is spillage retention at the storage place (eg retaining wall, trench), and;
c) the licensing authority is given written notice of the storage place before it is used.
This does not include petrol in the fuel tank of a vehicle.
9 Note that there is no restriction on the number of containers that can be kept as long as the 275 litre maximum limit is not passed.
10 If the storage place is less than 6m from any building, stack of timber or other inflammable substance it can only be kept in the fuel tank of a vehicle and up to two 10 litre containers on a motor vehicle, motor boat, aircraft or hovercraft unless notice in writing is given to the licensing authority.
11 Where petrol is kept in a building (or a place attached to a building) used as a dwelling or place where people assemble, there must be a substantial floor or partition separating the petrol storage from the rest of building. The floor or partition must not be readily inflammable. Where the partition (not a floor) has an opening it must be fitted with a self closing door made of fire resisting material. In these circumstances a maximum of two 10 litres containers can be kept. Petrol in the fuel tank of a vehicle is not included in this amount.
PLASTIC CONTAINERS
12 The Petroleum-Spirit (Plastic Containers) Regulations 1982 allow plastic containers to be used as well as metal. They exempt from the need for a licence certain amounts of petrol kept in plastic containers for the purposes of refuelling internal combustion engines and not for sale.
13 For storage in plastic container without a licence the containers must:
a) be constructed of suitable materials;
b) have maximum capacity of five litres;
c) be designed and constructed properly;
d) have appropriate markings or labels;
and the quantities that can be stored are:
i) two containers can be kept on any motor vehicle, motor boat, aircraft or hovercraft;
ii) plus two further containers can be in a safe place in any domestic premises;
iii) plus two more containers can be kept in any other safe place at least 6m from the first.
These quantities are in addition to any petrol kept in metal containers.
14 Where a petrol licence is in force, the conditions in paragraph 13 do not apply, but storage has to be in accordance with any licence conditions.
15 It is an offence to manufacture, import or supply containers for use at work which do not meet the requirement of sub-paragraphs 13 a) to d). Details on the testing and marking of plastic containers are available in HSE's Approved Code of Practice COP 6. It is not necessarily an offence to keep containers not meeting 13 a) - d) as long as a licence is in force.
CARRIAGE OF PETROL
16 PCA and it's associated regulations do not exercise any control over the carriage of petrol on vehicles for private or work use.
17 The commercial carriage of petrol is covered by two sets of HSE enforced regulations:
- the Carriage of Dangerous Goods by Road Regulations 1996 (CDG); and
- the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996 (CDGCPL).
18 These regulations include requirements for design and marking of the packaging or containers used. The packaging must be suitable for the purpose, having regard to the substances they contain and be appropriately marked. PLAs should direct queries to the local HSE office.
19 These regulations are solely concerned with the commercial transport of hazardous substances and do not cover petrol carried on a vehicle for private use.
SUMMARY
20 At filling stations, there is no specific legal restriction on the type or number of containers that can be filled (although Petroleum Licensing Authorities often use licensing conditions to limit the containers sizes). The legal limits are on how and where they are subsequently kept.
21 Carriage of petrol is not covered by petroleum legislation. However, petroleum licensing officers should advise filling station operators to ensure that only containers suitable for the purpose are filled
1 This circular aims to explain the law on the type and capacity of portable petrol containers that can be used to store petrol, filled at petrol stations and carried on vehicles.
2 There are three pieces of relevant legislation:
- the Petroleum (Consolidation) Act 1928 (PCA);
- the Petroleum-Spirit (Motor Vehicles etc.) Regulations 1929; and
- the Petroleum-Spirit (Plastic Containers) Regulations 1982 (which is supported by an ACoP on testing and marking containers).
3 These control how petrol can be kept (and for plastic containers, their design and manufacture for use in work situations). They do not specify the capacity or construction of containers that can legally be filled at petrol filling stations or that can be carried on a vehicle travelling on the road.
The Petroleum (Consolidation) Act 1928
4 PCA requires a licence to keep petrol except for small quantities kept in "securely stopped glass, earthenware or metal containers of a maximum capacity of 570 mls". The total quantity kept in this way must not exceed 15 litres.
METAL CONTAINERS
5 The Petroleum-Spirit (Motor Vehicles etc.) Regulations 1929 exempt certain quantities of petrol kept in metal containers from licensing requirements. The petrol must only be kept for the purposes of refuelling internal combustion engines and must not be for sale.
6 Up to 275 litres of petrol can be kept in any one storage place without a licence. The allowable quantity is reduced when the petrol is kept in or near buildings, or near public thoroughfares or other flammable substances (see below). In calculating the 275 litre limit, the petrol in the fuel tanks of vehicles in the storage area is included in the total.
7 Metal containers must be constructed so as to be reasonably secure against breakage and to prevent leakage of liquid or vapour. They should be marked with the words "petroleum-spirit" and "highly flammable".
8 The maximum container capacity for keeping petrol is 10 litres unless the following conditions are met:
a) the storage place is more than 6m from a building, highway or public footpath,and;
b) there is spillage retention at the storage place (eg retaining wall, trench), and;
c) the licensing authority is given written notice of the storage place before it is used.
This does not include petrol in the fuel tank of a vehicle.
9 Note that there is no restriction on the number of containers that can be kept as long as the 275 litre maximum limit is not passed.
10 If the storage place is less than 6m from any building, stack of timber or other inflammable substance it can only be kept in the fuel tank of a vehicle and up to two 10 litre containers on a motor vehicle, motor boat, aircraft or hovercraft unless notice in writing is given to the licensing authority.
11 Where petrol is kept in a building (or a place attached to a building) used as a dwelling or place where people assemble, there must be a substantial floor or partition separating the petrol storage from the rest of building. The floor or partition must not be readily inflammable. Where the partition (not a floor) has an opening it must be fitted with a self closing door made of fire resisting material. In these circumstances a maximum of two 10 litres containers can be kept. Petrol in the fuel tank of a vehicle is not included in this amount.
PLASTIC CONTAINERS
12 The Petroleum-Spirit (Plastic Containers) Regulations 1982 allow plastic containers to be used as well as metal. They exempt from the need for a licence certain amounts of petrol kept in plastic containers for the purposes of refuelling internal combustion engines and not for sale.
13 For storage in plastic container without a licence the containers must:
a) be constructed of suitable materials;
b) have maximum capacity of five litres;
c) be designed and constructed properly;
d) have appropriate markings or labels;
and the quantities that can be stored are:
i) two containers can be kept on any motor vehicle, motor boat, aircraft or hovercraft;
ii) plus two further containers can be in a safe place in any domestic premises;
iii) plus two more containers can be kept in any other safe place at least 6m from the first.
These quantities are in addition to any petrol kept in metal containers.
14 Where a petrol licence is in force, the conditions in paragraph 13 do not apply, but storage has to be in accordance with any licence conditions.
15 It is an offence to manufacture, import or supply containers for use at work which do not meet the requirement of sub-paragraphs 13 a) to d). Details on the testing and marking of plastic containers are available in HSE's Approved Code of Practice COP 6. It is not necessarily an offence to keep containers not meeting 13 a) - d) as long as a licence is in force.
CARRIAGE OF PETROL
16 PCA and it's associated regulations do not exercise any control over the carriage of petrol on vehicles for private or work use.
17 The commercial carriage of petrol is covered by two sets of HSE enforced regulations:
- the Carriage of Dangerous Goods by Road Regulations 1996 (CDG); and
- the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996 (CDGCPL).
18 These regulations include requirements for design and marking of the packaging or containers used. The packaging must be suitable for the purpose, having regard to the substances they contain and be appropriately marked. PLAs should direct queries to the local HSE office.
19 These regulations are solely concerned with the commercial transport of hazardous substances and do not cover petrol carried on a vehicle for private use.
SUMMARY
20 At filling stations, there is no specific legal restriction on the type or number of containers that can be filled (although Petroleum Licensing Authorities often use licensing conditions to limit the containers sizes). The legal limits are on how and where they are subsequently kept.
21 Carriage of petrol is not covered by petroleum legislation. However, petroleum licensing officers should advise filling station operators to ensure that only containers suitable for the purpose are filled
Steve
Last edited by Steve vRS; 28 September 2006 at 12:03 PM.
28 September 2006, 12:04 PM
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And...
Taken from http://www.hse.gov.uk/pubns/indg216.htm#8
Steve
Make sure that...
each vehicle and the person using a dispenser can be seen and that your view is not obstructed;
proper procedures are followed throughout the filling operation, eg dispenser nozzles are correctly inserted, delivery hoses are not stretched or kinked and tripper latches are not wedged open;
at filling-stations the loudspeaker system and any closed-circuit TV is working correctly;
vehicle engines are switched off when at the dispensers;
people under the age of 16 do not buy petrol or operate dispensers;
no one smokes in the vicinity of the dispenser (ie in danger zones);
no one uses portable electric/electronic equipment such as a CB radio or portable telephone;
people wishing to fill containers with petrol use only those which are approved.
Always check carefully that there is no danger before you start the petrol dispenser and during its operation.
each vehicle and the person using a dispenser can be seen and that your view is not obstructed;
proper procedures are followed throughout the filling operation, eg dispenser nozzles are correctly inserted, delivery hoses are not stretched or kinked and tripper latches are not wedged open;
at filling-stations the loudspeaker system and any closed-circuit TV is working correctly;
vehicle engines are switched off when at the dispensers;
people under the age of 16 do not buy petrol or operate dispensers;
no one smokes in the vicinity of the dispenser (ie in danger zones);
no one uses portable electric/electronic equipment such as a CB radio or portable telephone;
people wishing to fill containers with petrol use only those which are approved.
Always check carefully that there is no danger before you start the petrol dispenser and during its operation.
Steve
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28 September 2006, 12:51 PM
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So, basically she was in the wrong? Reading that, it's says to me there is no limit as such as long as the containers are suitable.
28 September 2006, 01:50 PM
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Originally Posted by scoobynutta555
So, basically she was in the wrong? Reading that, it's says to me there is no limit as such as long as the containers are suitable.
Done years of motorbike off-roading & regularly needed/carried more than this for 2 bikes but never had problem. Interested to know HSE opinion of a motorbikes with full tanks in the back of a van.
28 September 2006, 02:20 PM
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Yes but 19 says:
These regulations are solely concerned with the commercial transport of hazardous substances and do not cover petrol carried on a vehicle for private use.
13D(i) Doesn't say carry, it says kept. That says to me it's more storage than transporting.
These regulations are solely concerned with the commercial transport of hazardous substances and do not cover petrol carried on a vehicle for private use.
13D(i) Doesn't say carry, it says kept. That says to me it's more storage than transporting.
28 September 2006, 02:55 PM
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Originally Posted by graham22
13D(i) - states max of 2 containers to be carried in motorvehicle - so you're OK.
Done years of motorbike off-roading & regularly needed/carried more than this for 2 bikes but never had problem. Interested to know HSE opinion of a motorbikes with full tanks in the back of a van.
Done years of motorbike off-roading & regularly needed/carried more than this for 2 bikes but never had problem. Interested to know HSE opinion of a motorbikes with full tanks in the back of a van.
Steve
28 September 2006, 04:19 PM
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If you look om the BP Ultimate 102 site there is some info on the legal position. My understanding is that the Petroleum Officer also has a say on what you can and can't fill at a pertol station.
28 September 2006, 07:32 PM
#13
As I understand it breakdown recovery agencies -AA and the like - aren't permitted to carry unleaded petrol at all times. They have to go and get it for you at the time you run out of fuel. They can however carry jerry can of diesel at all times. Presume its a combustability issue.
28 September 2006, 07:39 PM
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Originally Posted by mgcvk
As I understand it breakdown recovery agencies -AA and the like - aren't permitted to carry unleaded petrol at all times. They have to go and get it for you at the time you run out of fuel. They can however carry jerry can of diesel at all times. Presume its a combustability issue.
Or past thefts...
Steve
28 September 2006, 09:48 PM
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My local discourages the filling of jeyycans particularly after 6pm, local chaves use the pumps furtherst from the shop to fill cans in their car and then drive off. Cans are to run their stolen non reg'd bikes and the car has false plates on. By the time they have noticed the drive off they have filled umpteen cans and off with over £100 worth.
God love Bracknell.......
God love Bracknell.......
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