The legality of transporting fuels

| 01/06/2018

Ask Auntie, CNS Local Life, Caymanian statusOn OfReg’s website it states any vehicle transporting dangerous goods needs to have a permit. Does this mean every vehicle needs a permit as they carry gas or diesel in the fuel tanks? It also seems to apply to propane tanks for BBQs as well. Would this also be the case? It states for any amount of fuel. This law also has a very severe penalty if caught. The law seems to be very vague and restricting and not commonly known.

Auntie’s answer: I can see how this description might cause confusion, especially in the case of someone transporting a propane tank for use in their grill at home. An official at OfReg – Fuels in the Utility Regulation and Competition Office was able to address your concerns.

The Dangerous Substances Law (2017 Revision) does not apply to a person who is carrying fuel that is intended for personal or domestic use, such as leisure or sporting activities, the official explained. It also is not applicable to fuel in a vehicle’s tank or smaller quantities carried to be used for the propulsion of specialised equipment.

These examples do not require the granting of a vehicle operating permit, which, according to the OfReg website, is needed “for every vehicle that is used to transport dangerous substances, regardless of the quantity of fuel the vehicle transports and this includes vehicles which have been modified to transport any dangerous substance as cargo”. A list of these substances follows, but as noted, this is not relevant to the examples you have offered.

To clarify this point, it was explained that the law provides for “incidental transport of fuels” in portable containers such as the Department of Transportation BBQ cylinders, jerrycans, intermediate bulk containers, totes, drums or other approved fuel containers. “However, there are specific requirements and limitations as to how many of these can be carried at any one time depending on the vehicle and fuel involved.”

But the law does apply “to vehicles which are manufactured or modified to be used solely/primarily for transporting dangerous substances (fuels)”, OfReg – Fuels said.

The official further explained that the “purpose of the law is to cover vehicles with permanently mounted tanks or multi-tank haulers (e.g. compressed air bank trailers, asphalt tank vehicles, refueler truck, tank vehicle and propane tank delivery vehicles) used primarily for the purpose of transporting dangerous goods”.

I think you will also be pleased to hear that I was told, “In light of this question, OfReg will be reviewing and issuing updated guidelines for periodical or incidental transporting of fuel under various circumstances and will highlight cases where an operating permit will not be required.”

The law mentioned in this column can be found on the CNS Library

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Category: Ask Auntie, Misc Questions

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