The Measuring Equipment (Liquid Fuel Delivered From Road Tankers) Regulations 1983

PART V U.K. SUPPLEMENTARY PROVISIONS

Prescribed limits of error U.K.

56.—(1) The prescribed limits of error relating to a contents gauging system or a meter measuring system shall be 0.5% of the indicated quantity: U.K.

Provided that

(a) for a quantity equivalent to the minimum delivery of the system and up to twice that amount, the error shall not exceed 1% of the minimum delivery; and

(b) if, on testing with a view to passing as fit for use for trade, the errors on all the quantities indicated by the measuring equipment during the tests are all errors in excess or all errors in deficiency then, notwithstanding that they are all within the prescribed limits of error set out above, at least one error in five shall not exceed 0.3% of the quantity indicated.

(2) The prescribed limits of error relating to a dipstick measuring system shall be such that:—

(a) the lower edge of each scale mark on the dipstick (the further edge from the datum face) is within 4 mm of the true position for each quantity indicated, when tested by inserting into, or withdrawing from, the compartment a known volume of liquid in accordance with Regulation 52(1) above;

(b) the lower edge of each such scale mark is within 2 mm of the distance indicated on the calibration chart as being the distance between the surface of the liquid fuel in the compartment at any particular time and the datum surface, when tested by reference to a calibration chart in accordance with Regulation 52(2) above;

(c) the lower edge of the line referred to in Regulation 27 above is within 1 mm of the distance specified; and

(d) the height of the datum surface is within 1 mm of the height marked in accordance with Regulation 32 above.

Commencement Information

I1 Reg. 56 in force at 14.10.1983, see reg. 1(1)(a)

Passing as fit for use for trade U.K.

[F1 57.— (1) Save in a case of measuring equipment imported from [F2 a member State] or an EEA State, no measuring equipment shall be passed as fit for use for trade unless— U.K.

(a) it complies with all the appropriate requirements of these Regulations; and

(b) on testing it falls within the prescribed limits of error.

(2) In the case of measuring equipment imported from [F2 a member State] or an EEA State, no measuring equipment shall be passed as fit for use for trade unless—

(a) where the requisite documentation is presented in accordance with Regulation 55A above, the test report recites and the test data confirm to the satisfaction of the inspector that on testing in accordance with provisions of the law of a member State or EEA State it fell within limits of error which afford in use at least an equivalent standard to the prescribed limits of error;

(b) it complies with all the other relevant requirements of these Regulations; and

(c) the inspector is of the opinion that it is not constructed in a manner which facilitates fraudulent use and that it does not bear any inscriptions which might cause confusion in use.]

Textual Amendments

F1 Reg. 57 substituted (29.12.1995) by The Measuring Equipment (Liquid Fuel Delivered from Road Tankers) (Amendment) Regulations 1995 (S.I. 1995/3117), regs. 1, 2(4)

F2 Words in reg. 57 substituted (31.12.2020) by The Weighing and Measuring Equipment and Meters (Amendment of Secondary Legislation) (EU Exit) Regulations 2018 (S.I. 2018/1387), reg. 1(2), Sch. para. 2(3); 2020 c. 1, Sch. 5 para. 1(1)

Stamping U.K.

58.—(1) Every contents gauging system shall be provided with such sealing arrangements as may be authorised by the Secretary of State in relation to the pattern in accordance with which the measuring equipment is made as set out in the certificate of approval in force. U.K.

(2) Every meter measuring system shall be provided with one or more plugs, seals or sealing devices of suitable form and material to protect all stops and other adjustable parts affecting the quantity delivered, or with such alternative sealing arrangements as may be authorised by the Secretary of State in relation to the pattern in accordance with which the measuring equipment is made as set out in any certificate of approval in force.

(3) The stamp shall be placed on every such plug, seal or sealing device referred to in paragraph (2) above and every other sealing device authorised in accordance with paragraph (1) or (2) above.

Commencement Information

I2 Reg. 58 in force at 14.10.1983, see reg. 1(1)(a)

59.  In the case of a dipstick measuring system the stamp shall be placed on the graduated face of the dipstick blade adjacent to the line 50 mm below the datum face referred to in Regulation 27 above or, where applicable, on the metal rivet referred to in Regulation 22 above, and adjacent to the datum surface. U.K.

Commencement Information

I3 Reg. 59 in force at 14.10.1983, see reg. 1(1)(a)

60.  No measuring equipment shall be stamped in accordance with Regulation 58(3) or 59 above, if it bears any mark which, in the opinion of the inspector, might reasonably be mistaken for the stamp. U.K.

Commencement Information

I4 Reg. 60 in force at 14.10.1983, see reg. 1(1)(a)

Obliteration of stamps U.K.

61.  Stamps shall be obliterated by an inspector, in accordance with the requirements of these Regulations, by means of punches or pincers of suitable sizes of a six-pointed star design as shown in the following illustration: U.K.

Commencement Information

I5 Reg. 61 in force at 14.10.1983, see reg. 1(1)(a)

62.  An inspector shall obliterate the stamp on any measuring equipment which— U.K.

(a) fails upon testing—

(i) in the case of a contents gauging system or a meter measuring system, to fall within the prescribed limits of error in deficiency, or within twice the prescribed limits of error in excess, specified in Regulation 56(1) above as appropriate to the case; or

(ii) in the case of a dipstick measuring system, to fall within the prescribed limits of error specified in Regulation 56(2) above; or

(b) fails to comply with any other appropriate requirement of these Regulations:

Provided that where any measuring equipment does not fully comply with the requirements of these Regulations, but the nature or degree of the non- compliance is not in the inspector's opinion such as to require the immediate obliteration of the stamp, he shall give to the proprietor or any person in possession of the equipment a notice calling on him to have the equipment corrected within a stated period not exceeding 28 days, and shall obliterate the stamp if the correction has not been made within the stated period.

Commencement Information

I6 Reg. 62 in force at 14.10.1983, see reg. 1(1)(a)

63.  An inspector shall obliterate the stamp on any measuring equipment which has, since it was last stamped, had any [F3 adjustment, alteration, addition, repair or replacement] made to it such that it could not be passed as fit for use for trade under Regulation 57 above. U.K.

Textual Amendments

F3 Words in reg. 63 substituted (11.8.1986) by The Measuring Equipment (Liquid Fuel delivered from Road Tankers) (Amendment) Regulations 1986 (S.I. 1986/1210), regs. 1, 15

Commencement Information

I7 Reg. 63 in force at 14.10.1983, see reg. 1(1)(a)

64.—(1) Subject to paragraphs (2) and (3) below, for the purposes of these Regulations the obliteration of any one stamp on any measuring equipment shall be deemed to be the obliteration of all other stamps on that equipment except where the stamp has been lawfully obliterated under Regulation 65 or 66 below. U.K.

(2) Where a stamp is obliterated on a dipstick, this Regulation shall not apply so as to prevent the use of a spare or replacement dipstick for measuring the quantity of fuel in the compartment to which the first- mentioned dipstick relates.

(3) Where a stamp on that part of a contents gauging system relating to one container only is obliterated, this Regulation shall not apply so as to prevent the system or any other contents gauging system being used for measuring the quantity of liquid fuel in the other containers on the same road tanker.

Commencement Information

I8 Reg. 64 in force at 14.10.1983, see reg. 1(1)(a)

Lawful use for trade of meter measuring systems where stamps destroyed, obliterated or defaced U.K.

65.—(1) It shall be lawful to destroy, obliterate or deface a stamp on a meter measuring system, and it shall not be a contravention of section 11(2) of the Act to use such equipment for trade during the relevant period by reason only that a stamp on it has been lawfully destroyed, obliterated or defaced (such destruction, obliteration or defacement being in this Regulation referred to as “the occurrence”) if—

(a) the person responsible for the occurrence is, or is the duly authorised agent of, the proprietor of the equipment or a person who is the manufacturer, or is regularly engaged in the repair, of equipment for measuring liquid fuel;

(b) the occurrence was confined to the stamp protecting the joint in the vent pipe from the gas separator;

(c) the occurrence was only to permit the installation of a meter and gas separator bearing undefaced stamps such meter and gas separator having been previously tested and stamped either as part of that meter measuring system or another of exactly the same pattern delivering the same liquid fuel; and

(d) notificati on in writing complying with paragraph (2) below of the occurrence has been given by the proprietor of the equipment or his duly authorised agent before the occurrence to the chief inspector of weights and measures for the area in which the equipment is situated.

(2) The notification referred to in paragraph (1) above shall contain the following information:—

(a) the location of, and particulars by which, the road tanker may be identified;

(b) the place where the tanker may be inspected;

(c) the intended date of the occurrence;

(d) the business name and address of the proprietor or other person referred to in paragraph (1)(a) above; and

(e) the name and address of the person giving the notification.

(3) In paragraph (1) above “relevant period” means a period of 7 days beginning with the day on which the notification is given in accordance with that paragraph.

Commencement Information

I9 Reg. 65 in force at 14.10.1983, see reg. 1(1)(a)

66.—(1) It shall be lawful to destroy, obliterate or deface a stamp on a meter measuring system, and it shall not be a contravention of section 11(2) of the Act to use such equipment for trade during the relevant period by reason only that a stamp on it has been lawfully destroyed, obliterated or defaced (such destruction, obliteration or defacement being in this Regulation referred to as “the occurrence”) if—

(a) the person responsible for the occurrence is, or is the duly authorised agent of, the proprietor of the equipment or a person who is the manufacturer, or is regularly engaged in the repair, of equipment for measuring liquid fuel;

[F4 (b) the occurrence was confined to the stamp protecting the ticket printing mechanism;]

(c) after the occurrence access cannot be gained to the calibration mechanism of the meter; and

(d) notification in writing complying with paragraph (2) below of the occurrence has been given by the proprietor of the equipment or his duly authorised agent before the occurrence to the chief inspector of weights and measures for the area in which the equipment is situated.

(2) The notification referred to in paragraph (1) above shall contain the following information:—

(a) the location of, and particulars by which, the road tanker may be identified;

(b) the place where the tanker may be inspected;

(c) the intended date of the occurrence;

(d) the business name and address of the proprietor or other person referred to in paragraph (1)(a) above; and

(e) the name and address of the person giving the notification.

(3) In paragraph (1) above “relevant period” means a period of 28 days beginning with the day on which the notification referred to in that paragraph is given in accordance with that paragraph.

Textual Amendments

F4 Reg. 66(1)(b) substituted (11.8.1986) by The Measuring Equipment (Liquid Fuel delivered from Road Tankers) (Amendment) Regulations 1986 (S.I. 1986/1210), regs. 1, 16

Commencement Information

I10 Reg. 66 in force at 14.10.1983, see reg. 1(1)(a)