Drive-offs have always been an unwelcome element in the running of a forecourt, but what was once an occasional frustration for the stations and members of An Garda Síochána alike, has become a routine and increasingly costly threat to our businesses. What’s more, it is a threat that is growing rapidly, largely unchecked, and – as things stand – with no meaningful deterrent.

Mounting Financial Stress

Fuels for Ireland estimates that more than €10 million is lost every year from forecourts across the country due to customers driving away without paying. That figure is a conservative one based on incomplete data, but it already represents a significant and unnecessary hole in the bottom line of an industry that operates on some of the thinnest margins in the retail sector. For many operators, the losses are even larger. Recent member reports  suggest some sites are now losing up to €40,000 annually to fuel theft. These are not minor incidents; they are material losses that directly threaten the viability of smaller businesses.

Despite the scale of the problem, there is a widespread reluctance by An Garda Síochána to treat drive-offs for what they are – theft. Too often, retailers are told that these incidents are a civil matter, that Gardaí are “not debt collectors”, or that there is little point in pursuing a case. The law is unambiguous: Section 8 of the Criminal Justice (Theft and Fraud Offences) Act 2001 defines “making off without payment” as a criminal offence. When someone fills their tank and drives away without paying, they are committing a crime. The refusal to investigate or prosecute sends a clear message to offenders – that they can act with impunity – and it leaves retailers exposed and unsupported.

A Reluctance to Enforce

The lack of meaningful Government attention to the problem is equally troubling. Perhaps it is not entirely unrelated to the fact that the State still collects excise duty and VAT on fuel that is stolen. Whether or not payment is made, the tax is due at the point of supply. This counterproductive incentive means that the Exchequer is insulated from the financial consequences of drive-offs, while small businesses are left to absorb the loss.

The facts are undeniable: it is small businesses who suffer. Consumers may assume that the brand name on the canopy or pump implies deep pockets and corporate resilience, but the reality is that most Irish forecourts are owned and operated by local families. They are community employers, often working 365 days a year, and they are the ones left carrying the financial burden when a thief drives away.

The problem is not confined to a few isolated incidents. Retailers are reporting repeated drive-offs by the same vehicles, increasing use of cloned or obscured number plates, and deliberate tactics to avoid identification. Some sites now experience multiple incidents per week. This is organised, habitual criminal behaviour – and yet it remains a low priority for enforcement.

It doesn’t have to be this way. In Britain – and indeed in Northern Ireland – an industry-run scheme, the British Oil Security Syndicate (BOSS), has been operating successfully for decades. BOSS uses a data-sharing mechanism, fully compliant with data protection legislation, to identify the registered keepers of vehicles involved in drive-offs and pursue recovery of the debt. It works: the scheme consistently recovers more than 90% of losses.

Fuels for Ireland has long argued for the establishment of a similar model in the Republic of Ireland. We have repeatedly made the case that a properly designed system – one that respects GDPR and the rights of vehicle owners – could make a substantial difference in tackling fuel theft. We have also pointed out the obvious inconsistency: access to vehicle registration data is already provided to toll road operators to ensure they can collect payment. It is almost impossible to understand why forecourt operators, who are suffering the financial impact of theft, cannot be given equivalent access to recover their losses.

The response from policymakers has so far, been unconvincing. We have been told that data protection law is an insurmountable obstacle, even as the same legal framework allows for extensive data sharing elsewhere in the transport system. This is not a legal problem; it is a political and policy choice. And it is one that leaves Irish forecourts uniquely exposed compared to our counterparts in the UK and other EU states.

Signs of Progress and a Path Forward

There are signs, however, of a shift in attitude. Fuels for Ireland has raised this issue directly with Jim O’Callaghan, Minister for Justice, and Alan Dillon, Minister of State for Small Business and Retail. We welcome the fact that both ministers appear more open to working with industry to find a reasonable, proportionate solution. But words will not solve this problem – only decisive action will.

Drive-offs are theft. They are not a civil dispute. They are not a minor inconvenience. They are a criminal act that inflicts serious financial harm on Irish businesses and distorts an already difficult trading environment. As an industry, we will continue to do everything we can to deter and prevent them. But it is time for Government and An Garda Síochána to step up too – to enforce the law that already exists, to support legitimate businesses, and to show that those who steal fuel from forecourts will face real consequences. Anything less should not be acceptable.

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She replaces Kevin Eastwood, who has been Executive Director of BOSS since 1998 and is to retire at the end of March.

Kevin was instrumental in setting up BOSS in 1991 and has led BOSS in its campaign to reduce crime on Britain’s forecourts. At BOSS Kevin built effective partnerships and created new ways to tackle forecourt fuel crime, including Forecourt Watch which brought retailers, police and the oil industry together in a coordinated approach for the first time.

In 2010 BOSS turned to help fuel retailers to recover mounting losses from No Means of Payment incidents and introduced Payment Watch, which has become the most successful debt recovery service in the forecourt fuel sector.

Kevin said: “I’d like to thank everyone involved with BOSS. Together we’ve worked hard to deal with forecourt crime and find new and more effective ways to tackle forecourt fuel crime. I’m confident that with Claire at the helm BOSS will continue to play its part in more innovative ways in helping to reduce forecourt losses through No Means of Payment and Drive Off incidents, whilst driving up standards of safety and security with all forecourt operators across the UK.”

Managing director Claire Nichol joined BOSS in 2006 as Head of Membership Services developing the administrative and support services offered to members. More recently Claire has overseen the transformation of BOSS with the introduction and implementation of the GDPR compliant Electronic Reporting System for Payment Watch, as well as reengineering operating procedures and improving the effectiveness of recovering unpaid fuel debts.

Annually BOSS estimates that 1.7 million incidents of forecourt fuel crime take place in the UK. These incidents cost forecourt operators £88 million (2019).  Up until 2020, forecourt fuel crime was dominated by Drive-Off incidents, however, No Means of Payment (NMoP) now represent two-thirds of all incidents by volume and value.

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Kevin Eastwood of security syndicate BOSS (British Oil Security Syndicate) warns that forecourt crime patterns are undergoing a seismic shift.

“During the first lockdown the BOSS Forecourt Crime Index halved and then, as the economy re-opened for the first time, the BOSS Index jumped 41% during Q3, only to return to negative territory when the second wave struck, and the index fell 27% in Q4. More recently, while reports of No Means of Payment (NMoP) have remained static, Drive Off (DRVO) incidents have soared by 38%” he wrote in a BOSS blog.

“What’s clear is we’re seeing a radical shift in both the size and the type of fuel crime. Gone are the days when DRVO dominated fuel crime on the forecourt. NMoP now represents two thirds of the value of fuel crime, and it has grown steadily.

“As fuel sales make a recovery to pre-pandemic levels and the economy recovers, we expect car travel to continue to grow. Forecourt operators would do well to take note of the changing nature of crime and return to basics to tackle a problem that could balloon over the summer months as staycations bring more travelers onto our roads.

Robust processes required

“Therefore, when an incident occurs on your forecourt, it’s essential that a clear and robust process is in place to impress on motorists that those who do not intend to pay, will be followed up and traced. This has always been one of the benefits of our Payment Watch service and it’s resulted in around 80% of motorists returning to pay within seven days.

“Nowadays DRVO incidents are lower in value when compared to NMoP, which suggests these incidents seem opportunistic. What’s clear is more motorists are taking advantage of forecourt operators’ good nature and claiming to have no means to pay for fuel.

“Sadly, there will be those who have no intention of paying and it amazes me that even when someone is deliberately trying to evade payment, many people think that we will give up. I’m afraid that is not the case anymore.

Easy target

“Some motorists are clearly treating fuel as an easy target when money is tight, a sort of pay-day loan, and it’s essential that BOSS continues to recover money for forecourt retailers.  The is no magic to reducing fuel crime on forecourts, and an essential ingredient is attention to detail and teamwork. Implemented carefully means together, we can, and do, catch offenders.”

Kevin Eastwood
BOSS British Oil Security Syndicate

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