Sylvie Willis
If you have concerns about the quality of diesel fuel you have purchased, there are several avenues for recourse. In some places, there are government bodies that can help, such as the Consumer and Industry Services in Tennessee, the Department of Industry, Science, Energy and Resources in New South Wales, or Trading Standards in the UK. You may also be able to contact a community service, such as Complaintline in Australia, or Citizens Advice Bureau in New Zealand, which can advise you on your consumer rights and how to complain. Finally, you can try contacting the service station or diesel company directly, although your ability to get a resolution may vary.
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What You'll Learn
Consumer rights and legal advice
If you believe you have received contaminated fuel or substandard motor fuel, you can file a complaint. The process may vary depending on your location, but here are some general guidelines for consumer rights and legal advice:
Identifying the Issue
Before filing a complaint, it is important to identify the specific issue with the diesel fuel quality. Common issues include contamination with water or sediment, cross-contamination between fuels (such as gasoline contamination in diesel fuel), octane levels being below the standard, or the presence of excessive ethanol.
Contacting the Relevant Authorities
The relevant authority to handle your complaint will depend on your location. For example, in Oklahoma, you can submit a complaint to the Oklahoma Corporation Commission. In Tennessee, you can contact the Petroleum Quality Office or email [email protected]. In North Carolina, you can call the laboratory or submit an online complaint. Michigan has a dedicated consumer complaints hotline (1-800-MDA-FUEL) for issues related to motor fuel quality.
Providing Detailed Information
When filing a complaint, it is important to provide as much detailed information as possible. This includes the type of fuel (such as gasoline, diesel, or kerosene), the date and time of purchase, the pump number, the grade of fuel purchased (if applicable), and whether you informed the station staff about the issue. It is also helpful to mention if you took your vehicle to a mechanic due to the fuel quality issue.
Inspection and Sampling
Once a complaint has been filed, inspectors may visit the site to inspect the fuel storage tanks, collect samples for laboratory analysis, and review delivery and maintenance records. You have the right to receive copies of the site inspections and laboratory results, which you can use to support any claims for damages.
Legal Recourse
While the relevant department may not be able to help with recovering expenses incurred from purchasing contaminated fuel, you may have the right to pursue legal action in civil court to collect damages from the parties responsible for providing the substandard fuel.
It is important to act promptly when filing a fuel quality complaint, as the availability of the suspect product and accessibility of relevant records may impact the investigation process.
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Online complaint forms
If you have received "bad" or contaminated diesel fuel, you can file an online complaint form. The process for submitting a complaint will vary depending on your location.
United States
In the United States, you can submit a complaint to the Consumer and Industry Services, who will send inspectors to the site to investigate. You can contact them by calling 1-800-628-2631 (this number is printed on approval stickers on retail fuel dispensing devices) or 615-837-5147 (the Petroleum Quality Office). They also have an online form and you can email them at [email protected] with "Fuel Quality Complaint" in the subject line.
Australia
In Australia, you can contact Complaintline, which is a community service that provides information on how to complain and get results. You can reach them at [email protected].
North Carolina
In North Carolina, you can file a complaint with the Fuel Quality Program, which investigates consumer complaints about the quality of fuels sold in the state. You can call their laboratory at 984-236-4770 or report your complaint online. When filing a complaint, be sure to include the following information:
- The type of fuel (gasoline, diesel, kerosene, etc.)
- The date and time of the purchase
- The number of the pump used
- The grade of the fuel (premium, plus, regular, non-ethanol, etc.)
- Whether you informed the station staff about the problem
- Whether you took the vehicle to a mechanic
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Fuel contamination
If you believe you have received contaminated diesel fuel, you can file a complaint with your local authorities. In some places, there are specific departments or programs dedicated to handling fuel quality complaints, such as the Fuel Quality Program in North Carolina. They typically investigate consumer complaints regarding the quality of fuels sold at retail locations within their jurisdiction. You can file a complaint by calling their laboratory or submitting an online report, providing details such as the type of fuel, date and time of purchase, pump number, and whether you informed the station staff about the issue.
It is important to recognize the signs of diesel fuel contamination to prevent major problems. Contaminants can include water, dirt, rust, microbes, or even sludge. One common issue is microbial contamination, often mislabeled as "diesel fuel algae." This involves the growth of bacteria, molds, and fungi in stored fuel, which can cause operational issues. Ultra-low sulfur diesel fuel (ULSD), while beneficial for the environment, attracts more water and is more susceptible to microbial growth. As a result, today's diesel fuels are more prone to contamination.
Water in diesel fuel can enter through various routes, including tank vents, condensation, rainwater penetration, or adsorption from the air. It can exist in three states: free, dissolved, and emulsified. If the water exceeds the fuel's holding capacity, it forms an emulsion with water droplets suspended in the fuel. Water contamination can lead to corrosion, blockages, and increased stress on the fuel pump, resulting in potential engine damage and costly repairs.
Another sign of diesel fuel contamination is a sudden increase in fuel filter clogging. Contaminants can accumulate on the filter media, restricting fuel flow and leading to frequent replacements. Contaminated fuel can also cause fuel injector valve deterioration, reduced fuel atomization, soot accumulation, increased exhaust emissions, and power loss. Prolonged exposure to impurities can corrode metal surfaces and initiate a cascade of internal engine damage, potentially resulting in complete engine failure. Therefore, early detection of contamination is crucial to prevent costly repairs and equipment downtime.
If you suspect diesel fuel contamination, it is essential to contact the relevant authorities as soon as possible to initiate an inspection and laboratory analysis. While the authorities may not help recover associated expenses, you have the right to pursue civil court action to collect damages from those responsible for the contaminated fuel.
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Testing and inspection
Testing and inspecting diesel fuel quality is essential to ensure the fuel's performance and safety. Here are some key aspects of testing and inspection:
Testing Methods
The American Society for Testing and Materials (ASTM) outlines D975 specifications for diesel fuel testing methods, which include 13 standardized tests with acceptable limits. Distillation tests, for example, measure the range of temperatures at which different components of the fuel vaporize, helping to assess volatility and engine starting capabilities in different climates.
Contamination Testing
Contamination is a significant concern, and various methods exist to detect it. Visual inspection, for instance, can identify water or sediment buildup, while water separation tests and microbial contamination testing are also employed. Water in diesel fuel can lead to microbial growth, corrosion, reduced fuel lubricity, and potential freezing in tanks and pipes. Sediment, meanwhile, can clog fuel filters and injectors, causing performance issues and potential damage.
Stability Testing
Oxidative stability testing is used to determine how stable a fuel sample is when subjected to an accelerated stability scenario, measuring the amount of sludge and varnish formed. This is an essential characteristic of diesel fuel.
Cetane Number
The cetane number is a critical measurement, indicating the speed and efficiency of combustion. Higher-quality diesel fuel with a higher cetane number will combust quicker and burn more thoroughly, enhancing performance and protecting parts from damage.
Laboratory Analysis
In some cases, sending fuel samples to a laboratory for analysis may be necessary. This is often done when a consumer files a complaint about fuel quality, with inspectors collecting samples from dispensers and storage tanks for onsite and laboratory testing.
Regular Testing
Regular testing is crucial to prevent issues and ensure equipment protection. It is recommended to test for ASTM D975 at least annually and to implement best practices for fuel storage and maintenance to lengthen the usable lifespan of the fuel.
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Compensation
If you believe that you have been affected by the diesel emissions scandal, you may be entitled to compensation. This scandal involves car manufacturers installing "defeat devices" in their vehicles, which are designed to detect when the vehicle is undergoing emissions testing and adjust its performance to produce fewer emissions than it would under regular driving conditions. As a result, many vehicles were emitting higher levels of harmful pollutants, including nitrogen oxides (NOx), than advertised or permitted by law.
To pursue compensation, you can start by contacting the firm directly to resolve the problem. If that does not work, you can raise a formal complaint, following the details provided on the firm's website. If you are still unsatisfied after eight weeks or with the response you receive, you can contact the Legal Ombudsman, who can make binding decisions.
It is important to note that there may be time limitations for claiming emissions compensation. In the UK, for example, there is a statute of limitations of six years for such claims. Additionally, the firm you choose to represent you will affect how much of the awarded compensation you get to keep.
The amount of compensation you can claim may depend on several factors, including the financial impact of the scandal. This could include the loss of value of the vehicle, additional fuel consumption, and any other financial losses incurred as a direct result. Some sources suggest that compensation may be calculated as a percentage of the vehicle's purchase price, with potential payouts ranging from £1,000 to £1,000,000 or between 25% to 75% of the vehicle's value.
It is worth noting that, in some cases, you may not need to use a claims management company or pay upfront costs to make a claim. Some legal panels work on a ""No Win, No Fee" basis, where they will only be paid from the compensation you are awarded if the case is successful.
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Frequently asked questions
You can submit a report about adulterated fuel to the Department of Industry, Science, Energy and Resources. If you are in the UK, you can use the website Resolver to help you contact Diesel and get your issue sorted. In New Zealand, you can complain to Trading Standards, and in Australia, you can contact Complaintline.
If your car starts to run roughly or misfire, this could be a sign of contaminated fuel.
If possible, stop driving your vehicle and get it to a garage as soon as possible. Contact your insurer to see if this is covered by your insurance.
Under the Consumer Guarantees Act (CGA) and the Fair Trading Act (FTA), the fuel you buy for personal use must be of acceptable quality. The FTA also ensures that companies cannot misrepresent the qualities of fuel or make false or misleading claims about their prices.
Raise the problem immediately while you are still at the petrol station and take down the name of the person you spoke with.
