Is the 60/40 split legal?

As a continuous cruiser it has become more and more apparent that certain establishments around the system are insisting on only providing fuel for boaters at a rate of 60/40 % ratio only, with a 'take it or leave it' attitude,  writes Wayne Abbott.

Yet it clearly states in the Revenue and Customs Brief 49/08 that this is not the case! Is it legal for them to do this? Is there any thing we can do?

At their mercy

As these RDCO's know only too well, we as continuous cruisers are at their mercy especially when we are running low on fuel and winter fast approaching. (This also, I hasten to add, refers to the filling of 20 litres 'Jerry cans' intended for propulsion and/or, heating and lighting.)

I am beginning to doubt their integrity and honesty as it wouldn't take much to change the declaration held on some 'sheet of paper' and pocket the difference as soon as we have moved off.  On 100 litres with the difference between the rates as much as say 28p per litre, the 'profit' would be £28 a time, five days a week (£140) 52 weeks a year (£7,280) Could be quite a profitable side-line at our expense.

HMRC website:

RCDO'S RESPONSIBILITIES—PARAGRAPH 2

QUOTE: YOU ARE NOT RESPONSIBLE FOR ASCERTAINING WHETHER THE FUEL YOU SELL TO AN INDIVIDUAL IS FOR PROPULSION OF A PRIVATE PLEASURE CRAFT, ALTHOUGH, IF YOU SUSPECT THAT IS THE CASE, YOU SHOULD REMIND THE PURCHASER OF THEIR LEGAL OBLIGATION TO MAKE A DECLARATION AND PAY THE FULL RATE OF DUTY. YOU ARE NOT RESPONSIBLE IF THE USER FAILS TO MAKE A DECLARATION OR MAKES A FALSE DECLARATION.

PURCHASER'S RESPONSIBILITIES—PARAGRAPH 2

QUOTE: IT IS YOUR RESPONSIBILITY TO DECLARE THE PROPORTION OF ANY FUEL YOU BUY WHICH YOU INTEND TO USE FOR PROPULSION. THAT PROPORTION WILL BE SUBJECT TO THE FULL RATE OF DUTY. A DECLARATION IS REQUIRED EVEN IF ALL OF THE FUEL IS INTENDED TO BE USED FOR PROPULSION PURPOSES. THE REMAINING PROPORTION WHICH IS INTENDED FOR DOMESTIC USE (HEATING, LIGHTING ETC), CAN CONTINUE TO BE SUPPLIED AT THE REBATED RATE OF DUTY.

Confrontation

Any clarification on this matter would be gratefully accepted, before I tire of the confrontation each time I encounter one of the said establishments.

Someone has suggested that I contact Trading Standards as they also have had the same responses, from probably the same few retailers of fuel, on their travels.

If any of your readers out there have any suggestions, I would be very interested to hear their views and ideas.

Wayne Abbott