Legal Recourse for Fuel Adulteration

Fuel adulteration remains one of the most insidious threats to industrial machinery, safety, and environmental compliance across multiple sectors. Craig FitzGerald, CEO of ISO-Reliability Partners, discusses how this widespread issue undermines not only mechanical performance and operational safety but also poses significant legal and financial risks.

“Adulterated fuel is not just a matter of poor performance; it is a direct threat to equipment integrity, worker safety, and environmental sustainability,” Craig asserts. “The problem is far more prevalent than many realise, and the consequences are escalating.”

Quality concerns

At the heart of the issue is the adulteration of diesel with substances such as illuminating paraffin (IP), used transformer oil, and gear oils. These agents significantly degrade fuel quality. “IP, for instance, drastically reduces diesel’s lubricity, which is essential for the protection of high-pressure fuel injection systems. Without proper lubrication, you are essentially guaranteeing elevated costs, premature wear and mechanical failure,” Craig explains.

In addition, adulteration alters the fuel’s viscosity and density, directly affecting combustion efficiency and engine output. The result is increased maintenance frequency, unexpected breakdowns, and ultimately, far higher operational costs.

“We are seeing cases where seemingly minor dilution leads to major engine damage, simply because the physical and chemical properties of the fuel are no longer within operational parameters,” Craig adds.

Safety risks and invisible hazards

The safety implications extend well beyond engine wear. Used transformer oil, a common adulterant, often contains polychlorinated biphenyls (PCBs), a class of highly toxic chemicals strictly regulated under the Basel Convention.

“The combustion of PCBs in engines produces extremely harmful by-products, including hydrogen chloride and dioxins, many of which are carcinogenic and mutagenic,” Craig notes. “When you are running adulterated fuel, you are creating chemical hazards that affect both operators and the broader environment.”

Mechanical reliability is also compromised. Poor fuel quality can cause diesel engines to fail under load, potentially creating hazardous conditions, particularly in heavy industrial or transport environments.

Proactive industrial measures

Craig advocates for a combination of advanced technology and sound procurement practices to combat adulteration. Real-time sensor technology like the Yateks Africa FuelTrust system allows for real-time on-site detection of critical fuel parameters, including density, viscosity, dielectric constant, which flags contaminants such as paraffin and PCBs, as well as moisture content and temperature. These sensors are particularly suited for continuous monitoring in high-volume operations.

In addition to technological solutions, regular fuel sampling, laboratory testing, and comparative analysis against EN590 standards remain essential. “Even when using unbranded or ‘white site’ fuel suppliers, it is critical to analyse lubricity and chemical composition to avoid surprises,” Craig highlights.

Accountability from suppliers

ISO-Reliability Partners advises industries to tighten their fuel procurement standards. Craig recommends demanding written certification of compliance with EN590 or similar recognised standards, batch test results for viscosity, density and sulphur, and contractual audit rights. “Fuel suppliers must be held accountable. Choose branded suppliers with traceability and reputation to lose as these are statistically far less likely to be involved in adulteration.”

He also emphasises the value of contractual protections: “Include clauses that enforce penalties for non-compliance, allow immediate termination if adulteration is detected, and mandate traceable sourcing. This creates both a legal and ethical deterrent,” Craig urges.

Litigation is viable

When adulterated fuel causes equipment failure, industries have strong legal recourse, provided evidence supports the claim. “If damage can be forensically linked to contaminated fuel, and a supplier is found to have breached contract or acted negligently, litigation is absolutely viable,” asserts Craig.

The legal framework is robust. South Africa’s National Environmental Management Act regulates substances like PCBs, while the Consumer Protection Act supports claims of defective or misrepresented fuel. “Service-level agreements are key here. They provide the foundation for enforcing quality expectations and pursuing legal remedy.”

Craig also notes that government oversight is catching up. The Department of Mineral Resources and Energy has confirmed over 70 failed fuel samples in a recent inspection, which bolsters industry claims and highlights the regulatory awareness of the issue.

A call to industry

As South Africa’s industrial sector grapples with economic pressures and environmental challenges, ensuring fuel integrity has become non-negotiable. “The time for passive reliance on fuel suppliers is over. With the right tools, contracts, and vigilance, industries can protect their machinery, personnel, and the environment,” says Craig.

“ISO-Reliability Partners is committed to helping clients implement these safeguards effectively. In an industry where fuel adulteration continues to threaten operational stability, the message is clear: awareness, action, and accountability must go hand in hand,” he concludes.