When was the last time you saw a pickup pulled over and Johnnie Law was sampling the color of the fuel?
Last month actually. I watched a PA state trooper "dip" a diesel pickup at a highway rest area. PA is cracking down on road use of non taxed fuels.
I've emailed the State Police 3 times and still not had a reply and can't find anything in the Code regarding using red (off road) diesel in my 3500 pickup with farm use plates (using it on the road). I'm not using the new 'Farm Vehicle' tags as I'm over the GVWR so am still on the old red and white farm use plate.
I heard a State Trooper in a YouTube video, about this topic, saying that you can use red diesel but .... a YT video isn't code and won't stand up in court!
Anyone have firsthand knowledge of this? And preferably point me to where it says it's allowable. Thanks!
I can't help you in VA, but here in PA, it is technically legal to use non taxed (red) fuel in farm vehicles used for farm business on local & state roads. Federal highways have a different set of rules, and it may or may not be legal depending on circumstances.
Just because it's legal, doesn't mean you won't be challenged. If you get stopped, you have to prove you are doing farm related business. If you have a load of strawberries in the bed, or a dozen sacks of fertilizer, you should be ok. If you're just going down to pick up a tractor part at the dealer, you may have trouble convincing the officer.
For example, my FIL (R.I.P) farmed 1200 acres that are 30 miles away from the farm. When he took his tractors, combine, etc. over the road, he used red fuel and was never challenged. When he used his pickup to go back and forth, it was a different story. He was stopped many times over the years and issued citations on several occasions. Many officers knew him and didn't write him up, but a few he didn't know, did. He had to challenge the tickets in court to avoid paying the hefty fine.
Eventually, even though it was technically legal to do so, he gave up using red fuel in his pickup to avoid the potential hassle. Instead, he filed a PA state tax exemption form every year along with his fuel receipts. This also allowed him to be reimbursed for the tax on gasoline used in other farm vehicles.
My point is, it may indeed be legal to use red fuel in farm vehicles on road, but not all law enforcement officers know the fine details. It may also be difficult to convince him you are on farm business. This is especially true if you also use the vehicle for non farm use.
As my FIL discovered, in the long run, it was better to use taxed fuel and file for reimbursement than spend time in court or explaining yourself to a cop.
Different circumstances and different locations can change things though, so YMMV.
