9. In this Part of this Schedule, “measuring system” means a measuring system (other than one used in connection with the refuelling of aircraft, ships or hovercraft) which is used for the continuous and dynamic measurement in a quantity exceeding 100 litres or 100 kilograms of liquid fuel delivered from a road tanker other than—
(a)liquefied gases;
(b)lubricating oils;
(c)liquid fuels of a temperature below -153°C; or
(d)liquid fuels of a dynamic viscosity exceeding 100 millipascal seconds at 15°C.
10. No person shall use for trade a measuring system unless—U.K.
(a)it is compliant with the essential requirements other than the provisions relating to maximum permissible errors;
(b)it is erected an installed so as to facilitate testing;
(c)it operates within the maximum permissible errors in paragraph 11; and
(d)the requirements of paragraphs 12 and 13 are complied with.
11.—(1) A measuring system which falls within an accuracy class of 0.3, 0.5 or 1.0 must, when used to measure a quantity set out in column 1 of the following Table, operate within the maximum permissible error as set out in column 2, 3 or 4 of that Table for that class and that quantity.
| Accuracy class | |||
|---|---|---|---|
| 0.3 | 0.5 | 1.0 | |
| Column 1 | Column 2 | Column 3 | Column 4 |
| Quantity delivered | Maximum permissible error | Maximum permissible error | Maximum permissible error |
| MMQ to and including MMQ x 2 | ± 0.6% x MMQ | ± 1% x MMQ | ±2% x MMQ |
| ˃MMQ x 2 | ± 0.3% x quantity delivered | ± 0.5% x quantity delivered | ± 1.0% x quantity delivered |
(2) In the Table, “MMQ” means minimum measured quantity.
12.—(1) Where a measuring system is marked with—
(a)a temperature range, it must not be used for trade in temperatures outside that range; or
(b)a flowrate range, it must not be used for trade at a flowrate outside that range.
(2) A measuring system which bears a mark which signifies the manner and purpose of use must not be used for trade in a manner or for a purpose which does not accord with that marking.
(3) If a measuring system is adjusted, it must not be used for trade unless the calibration of the system is set as close to zero error as is practicable.
(4) A measuring system must not be used for trade unless it is fitted with a ticket printing mechanism which provides an individual printed ticket.
(5) A measuring system must not be used for trade in circumstances which are likely prematurely to degrade its metrological characteristics.
(6) A measuring system must not be used for trade unless the sales indicator—
(a)is set to zero before measurement of the liquid fuel commences;
(b)remains at zero until that fuel starts to emerge from the instrument;
(c)is not reset to zero during measurement of that fuel; and
(d)cannot be advanced by any means other than by the discharge of that fuel from the instrument and the proper operation of instrument.
(7) A measuring system must not be used in circumstances—
(a)which are likely prematurely to degrade its metrological characteristics; or
(b)in which it may be prevented from operating consistently or accurately.
13.—(1) A measuring system must not be used to measure quantities of liquid fuel delivered from a road tanker that are less than the minimum measured quantity but this paragraph does not apply where—
(a)a measurement is made to determine payments in respect of any customs or excise duty; or
(b)a frustrated delivery has taken place and all reasonable precautions have been taken and all due diligence has been exercised to avoid a frustrated delivery.
(2) In sub-paragraph (1)(b), “frustrated delivery” means a delivery of liquid fuel from a road tanker which cannot be completed because—
(a)there is insufficient space in the buyer's storage tank;
(b)continuing the delivery would result in contamination of the liquid fuel or the mixing of different types of liquid fuel; or
(c)a component of the meter measuring system breaks down.