Carrying Diesel inside vehicle - new laws in Vic?

Submitted: Saturday, Apr 12, 2008 at 16:07
ThreadID: 56565 Views:8837 Replies:10 FollowUps:7
This Thread has been Archived
G'day all,

We are on the road, and while filling two jerry cans of diesel at Swan Hill (Vic) I was told by the young operator that it is now illegal to carry fuel inside vehicles - can only be on back of truck, trailer or ute. His reason was due to possible fumes inside the cab. Rule evidently has applied for about 2 months, and $20,000 fine! News to me!! although I'm from SA, and rules can vary.

Is this bollocks? When I went inside to pay, there was a large sign regarding farm chemicals, will only be sold if transported in ute etc...

My jerry cans don't leak, and would be secured against a cargo barrier until back at the caravan park, then stored on outside of 'van.

If anyone knows of actual ruling / law for Vic or elsewhere in Oz, please advise. I am not after opinions guys, only law.

Many thanks,
Back Expand Un-Read 0 Moderator

Reply By: Shaker - Saturday, Apr 12, 2008 at 19:03

Saturday, Apr 12, 2008 at 19:03
Check the fine print on your insurance policy as well!
AnswerID: 298148

Reply By: Dunaruna - Saturday, Apr 12, 2008 at 19:20

Saturday, Apr 12, 2008 at 19:20
Interesting, I've just spent half an hour on the vicroads website, cannot find any reference to that rule - still looking though...................................................
AnswerID: 298152

Reply By: bruce - Saturday, Apr 12, 2008 at 19:27

Saturday, Apr 12, 2008 at 19:27
Ah well , suppose we will just have to walk the lawn mower down to the servo to fill up up with the couple of litres it takes....what a load of utter hogwash....oh... and drive the boat in there as well , and the chain saw , and the whipper snipper, and the genny..etc , etc...cheers
AnswerID: 298154

Reply By: obee - Saturday, Apr 12, 2008 at 20:59

Saturday, Apr 12, 2008 at 20:59
I heard some professor on the radio complaining about all the managers we didnt used to have and now they sit around dreaming up rules to justify their useless jobs. If we had managers on the first fleet Australia would be a French colony.

AnswerID: 298166

Reply By: Trippin' - Saturday, Apr 12, 2008 at 21:13

Saturday, Apr 12, 2008 at 21:13
Found this old thread in the forum archives. Still trying to find the relevant acts and regs.

Carrying Fuel In Vehicles
Submitted: Wednesday, Jul 14, 2004 at 09:56
Mad Dog (Victoria)
I think this has been done before but in the interest of all here it is again.
I did not write it, It came from my hard drive whereabouts before that I'm not sure.


The WA Dangerous Goods Act 1988, and Dangerous Goods (Transport) (Road and Rail) Regulations
1999, contains the relevant regulations, both of which are based on the Australian Dangerous
Goods Code (ADGC), sixth edition.

The maximum permissible quantity is 250 litres of petrol, which should be carried in approved
containers in either the boot or on external brackets. It can be carried within the passenger
compartment, such as the back of a station wagon, in approved, properly restrained containers,
but this is not recommended.
Contact the Explosives and Dangerous Goods Division of the WA Department of Mineral and
Petroleum Resources for further into (08 9222 333)

The Transport Operations (Road Use Management - Dangerous Goods) Regulation 1998 permits
carrying up to 250 litres of dangerous goods (fuel) for personal use. The responsibility for
filling a jerry can and ensuring it is an approved container lies with the person filling the

Under the Transport Operations (Road Use Management) Act 1995 owners are prohibited from
modifying their vehicle, its parts or equipment, and from carrying dangerous goods
(irrespective of quantity or position), in an unsafe manner.

This includes carrying containers upright, ensuring they don't leak and are properly secured,
and do not overload the vehicle (especially if transported on roof-racks). A booklet titled Load
Restraint Guide (available from Commonwealth Government Bookshops) should be consulted
Write to: Greg Swann, Group Manager, Vehicle Safety and Industry Reform Section,
Queensland Transport, PO Box 673 Fortitude Valley QLD 4006.

In South Australia, petrol is covered by the Dangerous Substances Act and Regulations, which are
in turn based on the ADGC; therefore, the same 250- limit applies.

Diesel is unregulated, as elsewhere, but the Department for Administrative and Information
Services advises that petrol (and diesel) transportation would be covered by the general duty of
care provisions contained in Sections 11 and 12 of the Dangerous Substances Act.

The Road Traffic Act has provisions for duly of care relating to vehicle safety issues such as
overhanging loads and impact protection. They also state that, while carrying fuel in the
driver's vapour space (in a van or wagon), is much debated, it is up to each individual driver
to assess their own risk and duty of care provisions when deciding whether to fit a range tank
or carry fuel in jerry cans. Dangerous Substances Branch, Workplace Services (08) 8303 0447

In Victoria, the relevant legislation is the Road Act 1995, which has been adopted from
the, (Dangerous Goods) Act -1995 and the Road Transport (Dangerous Goods) Regulations.

The Regulations reference the ADGC under which Regulation 1.10 exempts small quantities of fuel
from the rigours of the Dangerous Goods legislation. This refers, again, to petrol only. Diesel
is not considered dangerous goods.

They maintain it is the responsibility of the driver items, regardless of type, are firmly and
a fuel should be stored in AS2906 containers minimum requirement.
Write to: Victorian WorkCover Authority, Dangerous Goods Unit
GPO Box 4306 Melbourne Vic 3001

The Tasmanian government refers these, issues to the Dangerous Goods (Road and Rail Transport)
Regulations 1998, which covers general safety and load restraint safety.

The filling of fuel containers is also covered by AS1940 - Storage and Handling of Combustible
and Flammable Liquids. They advise that a person can carry 250 litres of petrol for private use
(as per the ADOC), but the containers must meet AS2906 Fuel Containers/Portable/Plastics and

Tasmanian Vehicle and Traffic (Vehicle Standards) that an object fitted to a vehicle must be
designed, built and maintained to minimise the likelihood of injury. As such, this would
prohibit the fitting of jerry cans containing dangerous or explosive substances to any vehicle
(car,4WD, caravan, trailer), especially given the likelihood of rear or side-impact collisions.

Owners of vehicles should check the 'fine print' of their insurance policies. If fuel is
transported in an unsafe manner and an accident leads to greater damage or injury than might
otherwise have been the case apportion blame to the driver and/or invalidate the policy.
Write to: The Department of Infrastructure, Energy and Resources,

The NSW Environment Protection Authority (EPA) and WorkCover NSW are the competent authorities
for dangerous goods control in NSW. They' administer the Road and Rail Transport (Dangerous
Goods) Act 1997 and the Road Transport Reform (Dangerous Goods) (NSW) Regulations 1998.

Under these laws, jerry cans must be approved containers for the transport of Class 3 liquids
(petrol) (ie, AS2906) and the maximum permissible quantity is 250 litres. Diesel is not
considered a dangerous good, but a combustible, and must be carried in a safe manner.

Division 9.3.1 (1) (e) of the ADGC states that 'if the package (ie, jerry can) contains
dangerous goods of a kind that may lead to the formation of flammable, toxic or other harmful
atmospheres - the package must be stowed so that no harmful atmosphere will accumulate in the
cabin If the package leaks'.

The above would indicate that great care should be taken when storing jerry cans inside a 4WD's
luggage compartment, whether it is a separate boot or part of the passenger compartment. AS2906
containers are designed not to vent to the atmosphere, provided they are in good condition and
the seals/lids are functioning correctly.

Write to: NSW Environment Protection Authority
Dangerous Goods Office
59-61 Goulburn St, Sydney NSW 2000.

Only containers which comply with Northern Territory Dangerous Goods Regulation 217 can be used
to transport flammable, (petrol.) and combustible (diesel) fuels. Essentially, this covers
containers complying with AS1533/34 and AS1 940, but 'approved container' is also specified
which indicates that containers complying with AS2906 would also be acceptable.

The Northern Territory Dangerous Goods legislation is b ADGC, which specifies that not more
than 250 litres of petrol can be carried. No quantity is specified for diesel.

Information bulletins are available at or contact
The Department of Industries and Business, Work Health (08) 8999 511 8

The transport of fuel is covered under the Dangerous Goods Act. 1975, Dangerous, Goods
Regulations 1978, Road Transport Reform (Dangerous Goods) Act 1995 and Road Transport
(Dangerous Goods) Regulations. The latter takes its requirements from the ADGC.

The DGA (1975) Section, 12 and 14 require fuel to be carried in appropriate, containers
to prevent spillage or leakage, and make it an offence to carry fuel in a manner likely to
cause death/injury, or damage to property.

Section 37(1) of the RTR (DIG) Act1 1995 requires fuel be transported in a safe manner.
Sub Section (2) makes it an offence to do so where a person "ought to have known" that what
they were doing was unsafe or likely to cause damage to persons or property.
Contact: ACT WorkCover (Dangerous Goods) (02) 6207 6354.

AnswerID: 298168

Follow Up By: OzTroopy - Sunday, Apr 13, 2008 at 00:44

Sunday, Apr 13, 2008 at 00:44
The important thing here is to ensure that the rules are relevant to the vehicle fuel type. As stated in the above - diesel is not dangerous goods.

Secondly, in the event of being hassled over external fuel storage being dangerous in the event of an impact - my defence in court will be a photograph of a motorcycle.
FollowupID: 564297

Follow Up By: Gramps (NSW) - Sunday, Apr 13, 2008 at 14:00

Sunday, Apr 13, 2008 at 14:00
or a petrol tanker :)))

FollowupID: 564366

Follow Up By: Member - Andrew (QLD) - Sunday, Apr 13, 2008 at 14:09

Sunday, Apr 13, 2008 at 14:09
Come-on now, those fuel trucks have a fire extinguisher attached to them...what more do you need? :-)

FollowupID: 564369

Reply By: Member - Doug T (FNQ) - Saturday, Apr 12, 2008 at 22:41

Saturday, Apr 12, 2008 at 22:41
the very word in your post about the console operator...YOUNG , some little prick big noting himself,
I carry 180lt in a tank in my troopy, it's reg' as a van , Iv'e had some say I can't do that , Told one to P*** off , besides the laws state a Pilot Vehicle can carry tools, equipment and substances that are connected to the job , diesel is, BUT if it were a petrol engine , NO WAY
Retired now but the car still looks like a PV

gift by Daughter

Lifetime Member
My Profile  My Blog  Send Message

AnswerID: 298181

Follow Up By: Shaker - Saturday, Apr 12, 2008 at 23:54

Saturday, Apr 12, 2008 at 23:54
The OP didn't mention 'Pilot Vehicle'.
FollowupID: 564292

Follow Up By: OzTroopy - Sunday, Apr 13, 2008 at 00:28

Sunday, Apr 13, 2008 at 00:28
There is a chance the servo attendants were concerned you were filling a " fuel container in your vehicle ". Apparrently there is a ruling about that in most states. Something to do with earth straps and static electricity.
FollowupID: 564295

Reply By: Shaker - Saturday, Apr 12, 2008 at 23:52

Saturday, Apr 12, 2008 at 23:52
If you were an emergency worker .... fire, police ambulance etc you would like to know if a smashed vehicle had an extra 40 litres of fuel inside!
AnswerID: 298190

Follow Up By: OzTroopy - Sunday, Apr 13, 2008 at 00:32

Sunday, Apr 13, 2008 at 00:32
In a wreck situation, a bit more fuel laying around doesn't make a lot of difference.

Most of the emergency service workers I know are always happy to smell diesel at a prang site - because of its low flash point.
FollowupID: 564296

Reply By: Member - Shane D (QLD) - Sunday, Apr 13, 2008 at 07:36

Sunday, Apr 13, 2008 at 07:36
This is why there are problems with fuelling on the back of vehicles.
static electricty fire.
This is why you should fuel drums up on the ground, so as to dissipate static electricity built up.
I know you are talking about CARRYING fuel inside the vehicle, and a reply has been put with regards to different state legislation, but we really must be care full with petrol (I know you where getting Diesel).
I've been at a servo in Brisbane and the console operator turned off a pump, because the bloke was filling a 200litre diesel tank mounted on his ute (for his dozer), when asked why the pump was turned off, this pimple head says that their policy is that drums must filled on the ground!, BUT IT'S DEISEL!, sorry fine says the bloke, I'll take my $250 purchase elsewhere
AnswerID: 298210

Follow Up By: Member - Shane D (QLD) - Sunday, Apr 13, 2008 at 07:45

Sunday, Apr 13, 2008 at 07:45
Have a look at this just for fun, this bloke is doing the right thing in regards to fueling his fuel can. . . . . . WHERE'S MY CAR!
FollowupID: 564308

Reply By: glids - Sunday, Apr 13, 2008 at 13:38

Sunday, Apr 13, 2008 at 13:38
Thanks for the responses guys, but still interested in any more up-to-date rule changes. The operator said the new regs only have been in place for a couple of months, so I need recent info.

BTW: I was filling the jerrys on the ground.

AnswerID: 298260

Reply By: Member - Mike DID - Sunday, Apr 13, 2008 at 22:29

Sunday, Apr 13, 2008 at 22:29
"while filling two jerry cans of diesel at Swan Hill (Vic) I was told by the young operator that it is now illegal to carry fuel inside vehicles"

"When I went inside to pay, there was a large sign regarding farm chemicals, will only be sold if transported in ute etc..."

- if he doesn't know the difference between "Diesel" and "farm chemicals", he shouldn't be giving anyone any advice !
AnswerID: 298370

Sponsored Links