Fleet transport insurance specialist, McCarron Coates, is urging HGV and other commercial vehicle drivers to act now on diesel spillages, to avoid themselves – and others - paying the price.

The insurance broker is urging drivers not to fill their tanks to the top, reminding them of where they now sit in the new hierarchy of road users created by the January 2022 edition of the Highway Code. 

The new hierarchy sees HGV, bus and coach drivers right at the bottom of the road-user hierarchy, with more responsibility for the safety of road users than any other group.  Sitting above them are motorcyclists and, close to the top, cyclists. 

The Leeds-based company warned of potential liability implications emanating from the new hierarchy in January 2022 and is now highlighting how HGV drivers directly impact on the safety of motorcyclists, in particular, when they spill diesel on the highway. 

For a motorcyclist, riding over diesel provides the same lack of friction they would experience if riding over packed snow.  The friction is particularly reduced when diesel is spilt on roundabouts, ramps and bends, precisely where diesel is likely to spill out of trucks with overfilled tanks.  

The penalties for spilling diesel have been in place for some time and the law states that liability for dealing with a road spillage lies with the person who allowed it to occur.  Now, with the introduction of the new hierarchy, it is not unreasonable to anticipate that those injured or impacted by diesel spillage could seek to prove HGV operators liable and suggest they did not exercise the duty of care expected within the new Highway Code.   

McCarron Coates Director, Paul Coates said, “HGVs are now part of the commercial vehicle group deemed to have the highest degree of responsibility for other road users’ safety.  Diesel spillage is a direct way of undermining the safety of a key road user group – motorcyclists. If you put the two factors together, it is everything that shouts ‘liability claim’.  We believe HGV drivers need to get their house in order fast.” 

There is also the possibility of an HGV operator being found liable for damage to the environment, under the environmental laws of 2009 and 2010, if diesel contaminates land or enters gullies, groundwater or water courses. There is much to think about, particularly when the director of a transport company can be held personally liable and may even face a custodial sentence. 

Avoiding overfilling is relatively easy to do, if a driver is briefed not to indulge in what is known as ‘brimming’ or ‘necking’, as part of standard company policy. Drivers should also be instructed to oversee the filling process and should not try to override automatic cut-off nozzles.   

Paul also suggests fitting a TankSafe Optimum device, which has an anti-spill flap and a mode of operating which prevents the tank being overfilled and also reduces the likelihood of diesel theft.

Paul’s Co-Director, Ian McCarron added, “Not overfilling tanks needs to become part of an HGV operator’s risk management strategy and operators need to ensure all drivers know not to overfill the tank when filling up and similarly know how to clean up a spillage, should it occur.  Operators need to ensure they have taken every step to safeguard against diesel spillage, inspecting fuel tanks regularly.  They should also make sure that all trucks carry spill kits, which the drivers understand how to use, if necessary.”

“Whilst fines for lack of care and attention, such as not fitting a fuel cap, may seem relatively light at a fixed penalty of £50 for a transgression, if you start to add liability cases into the mix, the final cost of a diesel spillage will not be.  It’s time for HGV operators to clean up their act and clean up the roads. It’s time to kiss ‘necking’ goodbye,” said Ian. 

Photo: Ian McCarron.