The Measuring Instruments (Liquid Fuel delivered from Road Tankers) Regulations 2006

Disqualification

22.—(1) If it appears to an inspector that a meter measuring system which bears—

(a) the CE marking;

(b) the M marking; and

(c) the identification number of the notified body which carried out the conformity assessment procedure in respect of the instrument,

is used for trade in circumstances where—

(i) the instrument is no longer compliant with one or more of the requirements of regulation 14; or

(ii) by reason of any adjustment, alteration, addition, repair or replacement it is likely that the instrument has ceased to be compliant with one or more of the requirements of regulation 14,

the inspector may affix a disqualification mark to the instrument or to any sealing device on that instrument.

(2) Where one or more of the markings and identification requirements referred to in paragraph (1) is not affixed to a meter measuring system, the inspector may affix a disqualification mark to the instrument or to any sealing device on it.

(3) Where it appears to the inspector that the nature or degree of non-compliance of the meter measuring system under paragraph (1) is not such that a disqualification mark should be immediately affixed to it or to any sealing device on it, he may give to any person in possession of the instrument a notice requiring that person to rectify the non-compliance before the expiry of a stated period not less than 14 days and not exceeding 28 days from the date of the notice.

(4) If a notice given under paragraph (3) is not complied with, the inspector shall affix a disqualification mark to the meter measuring system or to any sealing device on it.

(5) A disqualification mark which is affixed to a meter measuring system shall be affixed in such a position that it is clearly visible when the instrument is in its regular operating position or where it is affixed to any sealing device on the instrument, it shall be affixed in such a position that it obliterates as far as possible any inscription on that sealing device.

(6) A person shall be guilty of an offence if he uses for trade a meter measuring system to which there is affixed a disqualification mark, unless a re-qualification mark has been affixed to the instrument in accordance with regulation 23.