Sylvie Willis
The legality of auxiliary fuel tanks depends on several factors, including the type of fuel, the tank's mounting location, and the jurisdiction in which it is being used. In the United States, for example, the National Highway Traffic Safety Administration (NHTSA) discourages the use of auxiliary fuel tanks due to safety concerns, particularly regarding fire and explosion risks. However, some aftermarket auxiliary fuel tanks may be legal depending on the specific circumstances. For instance, the use of a gravity-fed auxiliary fuel system may violate US DOT regulation 49 CFR 393.67, while a diesel auxiliary tank or a fuel tank with a hand or electric pump/transfer device may be permitted. Additionally, Transfer Flow, a manufacturer of auxiliary fuel systems, holds a DOT Special Permit (SP-11911) that allows them to produce and sell refueling tanks for various fuel types, although these tanks must comply with certain design specifications and safety standards. Understanding the legal status of auxiliary fuel tanks requires careful consideration of applicable regulations, safety standards, and special permits.
| Characteristics | Values |
|---|---|
| Fuel tank markings | Must include the manufacture's name, manufacture date, gallon size, and "Meets all FMCSA requirements for non-side mounted fuel tank" and "not to exceed 95% of capacity." |
| Fuel connections | The fuel connections from the auxiliary fuel tank to the primary system shall not render inoperative any of the functions of the primary system. |
| Fuel flow | The auxiliary fuel tank lines, fittings, valves, and connections shall be of a size at least equal to the primary system for proper fuel flow. |
| Fuel withdrawal fittings | Gravity or syphon feeding is prohibited. Fuel must come from the top of the tank and not from a fitting on the bottom. |
| Gravity-fed systems | Gravity feed auxiliary fuel systems may violate US DOT regulation 49 CFR 393.67 and can adversely affect vehicle diagnostic systems. |
| Overfill restrictions | Gravity-fed systems may violate the "overfill restriction" requirement of 49 CFR 393.76(12)(i) if the rollover valve is sealed or absent. |
| State regulations | In California, an aftermarket auxiliary fuel tank needs an EO# to be legal. |
| Special permits | The DOT issues special permits for refueling tanks that can store and dispense gasoline, diesel, and other flammables up to a certain capacity. |
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What You'll Learn
Gravity feed fuel tanks are illegal
Gravity-fed systems can cause overfilling, violating the "overfill restriction" requirement of 49 CFR 393.76(12)(i). This can lead to hazardous conditions, such as fuel leakage, which poses a significant fire risk and violates the 1990 Clean Air Act. Additionally, gravity-fed systems can adversely affect federally mandated, manufacturer-implemented, on-board vehicle diagnostic systems, resulting in diagnostic trouble codes.
The US Department of Transportation (DOT) has not explicitly prohibited gravity-fed systems, but their use may violate portions of US DOT regulation 49 CFR 393.67, a requirement of all fuel systems. Gravity or syphon feeding is prohibited by 49 CFR CH.III (393.65) 6d, and fuel withdrawal fittings must be located above the normal level of fuel in the tank when full, as per 49 CFR CH.III (393.67) 7.4.5.
Furthermore, safety concerns extend beyond fuel spills during normal operation. If the transfer fuel hose in a gravity-fed system is damaged, fuel will continue to flow until the transfer tank is empty, creating a hazardous situation. These safety, environmental, and legal issues are why gravity feed fuel tanks are illegal.
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Fuel tank markings
Marking Requirements:
Fuel tanks must be marked with specific information to comply with federal and local regulations. This includes the manufacturer's name, manufacture date, and gallon size or liquid capacity. It must also state "Meets all FMCSA requirements for non-side-mounted fuel tanks" and "Not to exceed 95% of capacity". Additionally, markings may include the type of fuel, flammability, and any relevant warnings. These markings provide critical information for workers, inspectors, and first responders in the event of an emergency.
Inspection and Safety:
Fuel tanks are often inspected to ensure they meet regulatory guidelines. Markings indicating the date of the last inspection, serial number, and other pertinent information help maintain safety and prevent accidents. Federal guidelines, such as those for boat fuel tanks, mandate specific certifications and pressure test markings. Fuel tanks storing flammable liquids above a certain threshold must also be properly labelled with warning signs and caution markers. These safety markers are crucial for firefighters and first responders, enabling them to take appropriate actions during emergencies.
Materials and Durability:
The materials used for fuel tank markings vary depending on the application. Anodized aluminum offers corrosion resistance and colour-coding options based on fuel type or safety warnings. Stainless steel plates provide maximum durability and can be welded directly to the tank for a permanent attachment. In cases where metal substrates are not suitable, poly/vinyl labels can be customised but may have shorter lifespans in industrial environments.
Standardisation and Compliance:
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Fuel flow and fittings
Fuel Flow Requirements
The fuel connections from the auxiliary fuel tank to the primary system must not interfere with the normal functions of the primary system. This means that no connections, selector valves, or fittings should restrict fuel flow or prevent the factory fuel system from operating normally in the event of any part failure. The auxiliary fuel tank lines, fittings, valves, and connections should be at least equal in size to the primary system to ensure unrestricted fuel flow.
Fuel System Safety
The National Highway Traffic Safety Administration (NHTSA) and other regulatory agencies strongly discourage the use of auxiliary fuel tanks due to safety concerns. Improper manufacture or installation of these tanks can pose grave dangers of fire and explosion. Therefore, it is essential to adhere to safety standards and regulations.
Transfer Tanks and Permits
The Department of Transportation (DOT) allows companies to manufacture "transfer tanks" for transporting diesel and other non-flammable liquids. These tanks must comply with specific design specifications. Transfer Flow, for instance, holds a DOT Special Permit SP-11911 for its refueling tanks, which can store various fuel types, including gasoline. ATI also offers DOT-approved refueling tanks for flammables. These tanks can be legally pumped from for private, commercial, or state use without removing them from the vehicle.
Compatibility and Mounting
Auxiliary fuel tanks should be compatible with the vehicle's fuel system and mounted securely. Some tanks are designed for mounting without connecting to the vehicle's fuel system, while others may have such connections. It is important to consult with manufacturers and regulatory guidelines to ensure compatibility and adhere to mounting requirements.
State and Federal Regulations
In addition to federal regulations, state regulations may apply to auxiliary fuel tanks. For example, California has specific requirements for aftermarket auxiliary fuel tanks, and propane transportation has specific restrictions. It is essential to consult the regulations in your specific state or region to ensure compliance.
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State and federal guidelines
Several federal and state agencies in the US regulate fuel systems, including the Department of Transportation (DOT), the National Highway Traffic Safety Administration (NHTSA), the Code of Federal Regulations (CFR), Federal Motor Vehicle Safety Standards (FMVSS), California Code of Regulations (CCR), and the California Air Resources Board (CARB).
The National Traffic and Motor Vehicle Safety Act, amended in 1974, authorises the NHTSA to issue Federal Motor Vehicle Safety Standards. Safety Standard No. 301-75, Fuel System Integrity, applies to certain vehicles, including passenger cars, that use fuel with a boiling point above 32 degrees Fahrenheit. This standard applies to completed vehicles rather than fuel tanks or other fuel system components, so it is inapplicable to the manufacture of auxiliary fuel tanks. However, auxiliary fuel tanks must still be designed and manufactured with safety in mind.
According to the NHTSA, a person who installs an auxiliary fuel tank in a new vehicle before its first purchase would be considered a vehicle alterer and would be required to affix an additional label to the vehicle stating that, as altered, the vehicle conforms to all applicable Federal Motor Vehicle Safety Standards. If a non-compliance or safety-related defect is discovered as a result of the modification, the alterer would be responsible for notifying vehicle owners and remedying the issue.
The Code of Federal Regulations (CFR) outlines rules for liquid fuel tanks, including those that are side-mounted and those manufactured before and after January 1, 1973. For example, liquid fuel tanks manufactured on or after this date must be designed so that they cannot be filled with more than 95% of their liquid capacity during a normal filling operation. They must also be plainly marked with a warning against filling them beyond this capacity. Tanks must also be tested for safety venting and leakage.
In terms of state-specific regulations, Illinois allows for the addition of auxiliary fuel tanks of 119 gallons aggregate capacity or less for Class I or II liquids to pickup trucks or larger vehicles to provide added fuel capacity. However, these tanks must meet certain construction and installation requirements, such as being securely fastened to the vehicle and permanently connected to the fuel system.
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Special permits
The use of auxiliary fuel tanks is subject to a variety of regulations, and in some cases, special permits may be required. The requirements for these permits vary depending on the type of fuel, the vehicle, and the location.
In the United States, the Department of Transportation (DOT) has issued special permits for the manufacture and use of certain types of auxiliary fuel tanks. For example, the DOT has granted Transfer Flow Inc. a special permit (SP-11911) to manufacture and sell refueling tanks that can store various types of fuel, including gas, diesel, ethanol, methanol, kerosene, and aviation fuel. These refueling tanks are approved for transport and refueling while still in the vehicle and meet the requirements for flammables such as gasoline. However, it is important to note that the DOT does not typically check the design or type of the tanks unless there is an accident, in which case both the end user and the manufacturer can be investigated for compliance.
The legality of gravity-fed auxiliary fuel systems remains ambiguous, with safety and legality concerns raised by Transfer Flow Inc. and others. These systems may violate US DOT regulation 49 CFR 393.67, which sets requirements for liquid fuel tanks, including fuel withdrawal fittings, spillage prevention, and overfill restrictions. Gravity-fed systems can also adversely affect federally mandated on-board vehicle diagnostic systems, leading to potential safety hazards. As a result, some companies have chosen not to endorse or promote the use of gravity-fed auxiliary fuel systems.
In California, the installation of auxiliary fuel tanks on emission-controlled vehicles is prohibited unless they have been evaluated and certified by the California Air Resources Board. The board has issued a list of approved auxiliary fuel tanks that meet the required emissions regulations.
It is important to note that the requirements and regulations for auxiliary fuel tanks can vary by state and country, and users should always consult the relevant authorities and manufacturers to ensure compliance with the applicable laws and safety standards.
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Frequently asked questions
The National Highway Traffic Safety Administration (NHTSA) discourages the use of auxiliary fuel tanks of any kind due to the dangers of fire and explosion posed by their improper manufacture or installation. However, the NHTSA does not consider agricultural equipment to be a "motor vehicle," so federal motor vehicle safety standards do not apply to farm equipment.
An aftermarket auxiliary or non-stock type replacement fuel tank needs an EO# to be legal in California.
Gravity feed fuel systems can adversely affect federally mandated, manufacturer-implemented, on-board vehicle diagnostic systems. Transfer Flow believes that gravity feed auxiliary fuel systems may violate portions of US DOT regulation 49 CFR 393.67, a requirement of all fuel systems. However, the absolute legality of gravity-fed systems remains unclear due to DOT ambiguity.
Transfer Flow manufactures refueling tanks that can store gas, diesel, ethanol, methanol, kerosene, and aviation fuel. They have invested heavily in testing and engineering to be compliant with North American regulatory agencies. Their refueling tanks are supplied with a DOT Special Permit and must be carried aboard each vehicle using a refueling tank.
ATI also manufactures refueling tanks that are DOT-approved for transport and refueling while the tank is still in the vehicle. These tanks are designed and approved for flammables such as gasoline and can be used for private, commercial, state, or other purposes.
