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

S.I. 1983/1390 · Made 13 September 1983 · Extends to United Kingdom

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

WEIGHTS AND MEASURES

Made 13th September 1983

Laid before Parliament 23rd September 1983

Coming into operation

All Regulations except Regulations 4, 5, 6, 14(1) and 36 14th October 1983

Regulations 4, 5, 14(1) and 36 1st July 1984

Regulation 6 1st July 1987

The Secretary of State, in exercise of the powers conferred by sections 11(1) and (3), 12(4), 14(1), 54(1) and 58(1) of the Weights and Measures Act 1963f1 and now vested in himf2 and of all other powers enabling him in that behalf, hereby makes the following Regulations:—

Annotations to the whole text

Footnotes

f1

as amended by the Weights and Measures & c. Act 1976 (c. 77) and the Weights and Measures Act 1979 (c. 45).

f2

S.I. 1970/1537.

Contents

  1. Part I: GENERAL
  2. Citation, commencement and revocation
  3. 1Regulation 1
  4. Interpretation
  5. 2Regulation 2
  6. Application
  7. 3Regulation 3
  8. 4Regulation 4
  9. Purposes of use for trade
  10. 5Regulation 5
  11. 6Regulation 6
  12. Part II: PRINCIPLES OF CONSTRUCTION AND MARKING OF MEASURING EQUIPMENT
  13. 7Regulation 7
  14. Contents gauging systems
  15. 8Regulation 8
  16. 9Regulation 9
  17. 10Regulation 10
  18. 11Regulation 11
  19. 11ARegulation 11A
  20. 12Regulation 12
  21. Meter measuring systems
  22. 13Regulation 13
  23. 14Regulation 14
  24. 15Regulation 15
  25. 16Regulation 16
  26. 16ARegulation 16A
  27. 17Regulation 17
  28. Dipstick measuring systems
  29. 18Regulation 18
  30. 19Regulation 19
  31. 19ARegulation 19A Repealed
  32. 20Regulation 20
  33. 21Regulation 21
  34. 22Regulation 22
  35. 23Regulation 23
  36. 24Regulation 24
  37. 25Regulation 25
  38. 26Regulation 26
  39. 26ARegulation 26A
  40. 27Regulation 27
  41. 28Regulation 28
  42. 29Regulation 29
  43. 30Regulation 30
  44. 31Regulation 31
  45. 32Regulation 32
  46. 33Regulation 33
  47. 34Regulation 34
  48. 35Regulation 35
  49. Part III: MANNER OF USE FOR TRADE
  50. 36Regulation 36
  51. Part IV: TESTING
  52. Contents gauging systems
  53. 37Regulation 37
  54. 38Regulation 38
  55. 39Regulation 39
  56. 40Regulation 40
  57. 41Regulation 41
  58. 42Regulation 42
  59. Meter measuring systems
  60. 43Regulation 43
  61. 44Regulation 44
  62. 45Regulation 45
  63. 46Regulation 46
  64. 47Regulation 47
  65. 48Regulation 48
  66. 49Regulation 49
  67. 50Regulation 50
  68. Dipstick measuring systems
  69. 51Regulation 51
  70. 52Regulation 52
  71. 53Regulation 53
  72. 54Regulation 54
  73. 55Regulation 55
  74. 55AMeasuring equipment imported from a member State or an EEA State
  75. Part V: SUPPLEMENTARY PROVISIONS
  76. Prescribed limits of error
  77. 56Regulation 56
  78. Passing as fit for use for trade
  79. 57Regulation 57
  80. Stamping
  81. 58Regulation 58
  82. 59Regulation 59
  83. 60Regulation 60
  84. Obliteration of stamps
  85. 61Regulation 61
  86. 62Regulation 62
  87. 63Regulation 63
  88. 64Regulation 64
  89. Lawful use for trade of meter measuring systems where stamps destroyed, obliterated or defaced
  90. 65Regulation 65
  91. 66Regulation 66
  92. Signature
  93. Explanatory note

1I1

(1)

These Regulations may be cited as the Measuring Equipment (Liquid Fuel delivered from Road Tankers) Regulations 1983 and shall come into operation as follows:—

(a)

all Regulations except Regulations 4, 5, 6, 14(1) and 36, on 14th October 1983;

(b)

Regulations 4, 5, 14(1) and 36, on 1st July 1984; and

(c)

Regulation 6, on 1st July 1987.

(2)

The Measuring Equipment (Liquid Fuel delivered from Road Tankers) Regulations 1979 and the Measuring Equipment (Liquid Fuel delivered from Road Tankers) (Amendment) Regulations 1980 are hereby revoked.

2I1

(1)

In these Regulations—

  • “the Act” means the F1Weights and Measures Act 1985;

  • “approved” in the expressions “approved maximum”, “approved minimum” and “approved working conditions” means approved in accordance with a pattern in respect of which a certificate of approval is in force or, if the measuring equipment is not made in accordance with such a pattern, approved in accordance with the manufacturer's recommendations;

  • F2“bottom loaded compartment” means a compartment which is designed for filling from the bottom and incorporates a dipstick measuring system or a contents gauging system whose calibration includes the volume of pipework between the foot valve and the outlet valve;

  • “certificate of approval” means a certificate of approval of a pattern of measuring equipment granted or renewed by the Secretary of State under section 12 of the Act;

  • “compartment” means a single container with which a dipstick forming part of a dipstick measuring system may be associated to measure quantities of liquid fuel or a container associated with a contents gauging system, F3... associated pipework between the foot valve and the outlet valve unless specifically stated on a conspicuous notice adjacent to the outlet valve;

  • “compartment number” means, in the case of a multi-compartment tank, the position of the compartment relative to the front of the vehicle, numbered sequentially from the front of the vehicle;

  • “contents gauging system” means any measuring equipment, not being a dipstick measuring system or a meter measuring system, which determines the quantity of liquid fuel delivered from an associated compartment by measuring the height of the free surface of the liquid fuel from a reference point;

  • “datum face” means the flat surface of the crosspiece of a dipstick at right angles to the axis of the dipstick formed by the lower face of the crosspiece;

  • “datum point” means a point or area on the road tanker from which the relative height of the datum surface can readily be checked;

  • “datum surface” means the surface at the top of the dipstick guide tube, on which the datum face of the crosspiece rests when a measurement of liquid fuel is being made;

  • “dipstick measuring system” means any measuring equipment comprising a compartment with a datum surface and an associated dipstick with a datum face;

  • “frustrated delivery” means a planned delivery which cannot be completed because:—

    1. (a)

      there is not enough space in the customer’s storage tank, or

    2. (b)

      continuing the delivery would result in prohibited mixing of fuels or contamination, or

    3. (c)

      a component of the measuring system breaks down;

  • “meter measuring system” means any measuring equipment which incorporates a mechanical flowmeter device to determine the quantity of liquid fuel delivered, and comprises all parts and devices from the source, including any anti-swirl device, from which the liquid is drawn to the point of discharge and all associated mechanical, optical, electrical or pneumatic equipment;

  • “minimum delivery” means the smallest quantity of liquid fuel which the measuring equipment is designed to measure;

  • “prescribed limits of error” relating to a contents gauging system or a meter measuring system has the meaning set out in Regulation 56(1) below and relating to a dipstick measuring system has the meaning set out in Regulation 56(2) below;

  • “reference meter” means a meter for use in testing measuring equipment to which these Regulations apply provided pursuant to section 5(1) of the Act for use by inspectors;

  • “registration mark” in relation to a vehicle means the registration mark assigned to it under the Vehicles (Excise) Act 1971 or the Vehicles (Excise) Act (Northern Ireland) 1972;

  • “replacement dipstick” means a dipstick which is tested, passed as fit for use for trade and stamped to replace a dipstick which has been broken, lost or destroyed or is otherwise unserviceable;

  • “road tanker” means any vehicle or trailer which carries liquid fuel in a tank forming part of the vehicle or trailer other than that containing the fuel which is used to propel the vehicle, and also includes any tank with a capacity exceeding 3 m3 carried on a vehicle;

  • “spare dipstick” means an additional dipstick which is tested, passed as fit for use for trade and stamped at the same time as an original or replacement dipstick;

  • “the stamp” means the prescribed stampf1 ;

  • “tank” means a single or multiple container comprising one or more compartments; and

  • “tank number” means, in the case of a trailer part of a vehicle, the tank manufacturer's serial number and in the case of a rigid vehicle, either the tank manufacturer's serial number or the vehicle registration mark.

  • “tank shell” means the skin forming the inner surface of the compartment;

  • “top loaded compartment” means a compartment which is designed for filling from the top;

(2)

In these Regulations, a “calibration chart” in relation to any tank means a table of figures which relates the volume of liquid fuel, for each of the tank's compartments, to the linear distance between the surface of the liquid and the datum surface, and which has been—

(a)

prepared by inserting into, or withdrawing from, each compartment known volumes of liquid and determining the linear distance between the surface of the liquid and the datum surface when the road tanker is on a level surface; and

(b)

certified as accurate by an inspector, including a chief or other inspector of weights and measures within the meaning of Article 40 of the Weights and Measures (Northern Ireland) Order 1981

.

(3)

The abbreviations of, and symbols for, units of measurement used in these Regulations refer to the relevant units as follows:—

Cubic Metrem3
Millimetremm
Square centimetrecm2
Degree Celsius°C
F4Second s
Square millimetremm2

3I1

(1)

Subject to F1paragraphs (2) and (3) below, these Regulations shall apply to all measuring equipment on road tankers for use for trade in the making of any measurement of liquid fuel in a quantity dispensed from the tanker exceeding F2... 100 litres ....

(2)

Nothing in these Regulations shall apply to any of the following measuring equipment—

(a)

measuring equipment for use only for the delivery of liquefied gas, lubricating oils, or fuels F3with a kinematic viscosity exceeding 100 mm2/s at 15°C; or

(b)

measuring equipment for use only for the fuelling of aircraft, ships or hovercraft.

F4(3)

Except for Regulations 4, 5, 17 and 36 below, these Regulations do not apply to meter measuring systems which bear the mark of EEC initial verification.

(4)

In this Regulation, “mark of EEC initial verification” means the mark described in paragraph 5 of Schedule I to the Measuring Instruments (EEC Requirements) Regulations 1980.

4I1

Measuring equipment to which these Regulations apply is hereby prescribed for the purposes of section 11(1) of the Act.

5I1

No person shall use for trade a contents gauging system or a meter measuring system except for the purpose of measuring delivered quantities of liquid fuel of not less than the minimum delivery marked on or adjacent to the indicator of the system:

Provided that this Regulation does not apply where a measurement is made only for the purpose of payments in respect of any customs or excise duty F1or where 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.

6I1

No person shall use for trade a dipstick measuring system except for the purpose of measuring delivered quantities of liquid fuel of not less than 30% of the nominal capacity marked on the tank of the compartment with which the dipstick is associated:

Provided that this Regulation does not apply where a measurement is made only for the purpose of payments in respect of any customs or excise duty.

7I1

Measuring equipment to which these Regulations apply shall consist of a contents gauging system, a dipstick measuring system or a meter measuring system.

8I1

Regulations 9 to 12 below apply to contents gauging systems.

9I1

(1)

Every contents gauging system shall be made in accordance with a pattern in respect of which a certificate of approval is in force.

(2)

Every contents gauging system shall be legibly and durably marked with the number of the certificate of approval, preceded by the words “Certification No.” or “Cert. No.”.

10I1

The minimum delivery and the liquid fuel which a contents gauging system is designed to measure shall be marked legibly, permanently and conspicuously in a suitable position on or adjacent to the sales indicator.

11I1

Every contents gauging system shall be fitted with a sales indicator reading in litres F1... and so arranged that:

(a)

the indicator reading is capable of being set to zero before a delivery commences; and

(b)

the indicator reading cannot be advanced by any means other than by the discharge of liquid fuel from the system.

11AF1

Any sales indicator reading on a contents gauging system reading in litres may also indicate quantity by means of a supplementary indication F2....

12I1

Every contents gauging system shall incorporate a ticket printing mechanism to enable a ticket to be issued indicating the quantity of liquid fuel delivered in each transaction.

13I1

Regulations 14 to 17 below apply to meter measuring systems.

14I1I2

(1)

Every meter measuring system shall be made in accordance with a pattern in respect of which a certificate of approval is in force.

(2)

Notwithstanding paragraph (1) above, a meter measuring system which does not comply with that paragraph at 1st July 1984 may continue to be tested and stamped and used for trade until 1st July 1987 if it has before 1st July 1984 been passed as fit for use for trade in accordance with these Regulations.

(3)

Every meter measuring system made in accordance with a pattern as mentioned in paragraph (1) above shall be legibly and durably marked with the number of the certificate of approval, preceded by the words “Certification No.” or “Cert. No.”.

15I1

The minimum delivery, the liquid fuel which a meter measuring system is designed to measure and the minimum and maximum rates of flow shall be marked legibly, permanently and conspicuously in a suitable position on or adjacent to the meter.

16I1

Every meter measuring system shall be fitted with a sales indicator reading in litres F1... and so arranged that:

(a)

the indicator reading is capable of being set to zero before a delivery commences; and

(b)

the indicator reading cannot be advanced by any means other than by the discharge of liquid fuel from the system.

16AF1

Any sales indicator reading on a meter measuring system reading in litres may also indicate quantity by means of a supplementary indication F2....

17I1

Every meter measuring system shall incorporate a ticket printing mechanism to enable a ticket to be issued indicating either the quantity of liquid fuel delivered in each transaction or two numbers from which the quantity delivered may readily be calculated.

18I1

Regulations 19 to 35 below apply to dipstick measuring systems.

19I1

Every dipstick shall relate to, and be used for measuring the quantity of fuel in, one compartment only.

19AF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20I1

(1)

Every dipstick shall consist of a blade and a crosspiece.

(2)

The blade shall be made of hard wood treated to reduce absorption, glass-reinforced plastic or other material approved by the Secretary of State.

(3)

The blade shall be free from flaws and sufficiently straight to be satisfactory for measurement.

(4)

Subject to paragraph (6) below, the blade shall extend to within 20 mm of the F1tank shell beneath the dipstick but not so as to touch the tank shell:

Provided that for compartments the use of which commenced before 1st July 1980 this paragraph shall have effect as if for “20 mm” there were substituted “25 mm”.

(5)

Subject to paragraph (6) below, the blade F2of a dipstick associated with a top loaded compartment shall be sufficiently long so that it will indicate when the compartment contains liquid fuel equal to 0.5% of the nominal capacity of the compartment.

(6)

In the case of F3top loaded compartments the use of which commenced before 1st July 1983—

(a)

the blade shall only have to comply with either the requirements of paragraph (4) above or those of paragraph (5);

(b)

if the blade does not comply with the requirements of both paragraphs (4) and (5) above, the dipstick measuring system shall not be used for trade after 31st December 1993.

F4(7)

The blades of all dipsticks associated with bottom loaded compartments shall be sufficiently long so that the total amount of liquid fuel in the tank which cannot be indicated by the dipsticks does not exceed 0.7% of the total nominal capacities of the compartments:

Provided that for compartments the use of which commenced before 1st January 1986 this paragraph shall have effect as if for “0.7%” there were substituted “1%”.

21I1

The cross-sectional area of a dipstick shall not exceed 5 cm>2>.

22I1

Every dipstick blade made from glass-reinforced plastic or other materials which it is not practicable to stamp shall have a metal rivet suitable for receiving the stamp rivetted into the blade adjacent to the line 50 mm below the datum face referred to in Regulation 27 below.

23I1

(1)

The crosspiece of every dipstick shall be made of metal or other material approved by the Secretary of State and shall be positively located and securely fixed to the blade to withstand fair wear and tear in ordinary use for trade.

(2)

If the crosspiece is made in two parts they shall be spigotted together.

(3)

The datum face shall be flat and at right angles to the axis of the blade.

24I1

(1)

The unit of measurement to be used in marking a dipstick shall be F1... the litre ....

(2)

The unit shall be marked on the dipstick at each end of the scale referred to in Regulation 28 below, beneath the crosspiece on the graduated face of the blade in letters and figures not less than 6 mm high.

(3)

Where the unit of measurement is the litre, if the number of digits on any marking would exceed four (9999) the marking may read “litres × 10” or “litres × 100”

25I1

The related compartment number shall be marked on the graduated face of every dipstick at each end of the blade in figures not less than 10 mm high.

26I1

The related tank number shall be marked at the crosspiece end of the blade of every dipstick in figures F1and letters not less than 6 mm high.

26AF1

Every dipstick associated with a bottom loaded compartment shall be marked with the letters “BLV” before the related tank number and on the graduated face of the dipstick at the other end of the blade.

27I1

Every dipstick shall have a line marked on its graduated face, at right angles to the axis of its blade 50 mm from the datum face measured to the further edge of that line.

28I1

Every dipstick used to measure deliveries of less than a full compartment shall be marked and graduated in accordance with the following provisions of this Regulation:—

(a)

the graduation shall be in a reasonable and convenient scale;

(b)

all scale marks, letters and figures shall be legibly and permanently marked;

(c)

each scale mark shall be at right angles to the axis of the blade of the dipstick and shall extend across the full width of the dipstick;

(d)

each scale mark shall be not less than 1 mm deep and not less than 1 mm nor more than 1.5 mm wide;

(e)

the lower edge of each scale mark (the further edge from the datum face) shall indicate the quantity of liquid fuel being measured;

(f)

each scale mark shall be numbered by figures not less than 6 mm high, with lines not less than 1 mm deep and not less than 1 mm nor more than 1.5 mm wide;

(g)

the figures shall be placed immediately above the scale mark to which they relate and shall not extend above half way between the lower edges of two adjacent scale marks;

(h)

the distance between the lower edges of two adjacent scale marks shall be not less than 18 mm and not more than 150 mm;

(i)

major scale divisions shall be of equal value:

Provided that in the case of compartments the use of which commenced before 1st January 1981 one additional scale mark may be included to indicate the nominal capacity of the compartment; and

(j)

the bottom two and top three major scale divisions may be subdivided with subdivisions of equal value.

29I1

(1)

Every compartment shall be fitted with a fixed vertical dipstick guide tube.

(2)

The tube shall be positioned so that the dipstick shall pass as nearly as practicable through the longitudinal and transverse centre lines of the compartment:

Provided that—

(a)

this paragraph shall not apply in the case of compartments the use of which commenced before 1st July 1983; and

(b)

if the tube is not so positioned, the dipstick measuring system shall not be used for trade after 31st December 1993.

F1(3)

Means shall be provided to prevent a dipstick associated with a bottom loaded compartment being used unless the compartment’s foot valve is open.

30F1

(1)

The dipstick guide tube throughout its depth of immersion shall—

(a)

be of not less than 50 mm internal diameter or equivalent cross-sectional area; and

(b)

have uniform venting of at least 0.01 square metre per metre of length, excluding any gauze covering or retaining clips.

(2)

In the case of compartments used for liquid fuel other than petroleum spirit a dipstick guide tube above the level of the liquid may be used, but it shall be of such diameter and length that the dipstick is guided sufficiently near to the vertical plane so that any inaccuracy in the indication of quantity cannot exceed the prescribed limits of error.

31I1

At the top of every dipstick guide tube there shall be provided a flat surface to create a datum surface, which shall consist of an annulus not less than 5 mm in width.

32I1

(1)

The design of every dipstick guide tube shall be such as to permit the height of the datum surface to be easily and accurately measured from the identified datum point.

(2)

The said height in mm, the tank number and the compartment number shall be marked legibly and permanently on the dipstick guide tube, adjacent to the datum surface.

33I1

(1)

Every compartment number shall be marked—

(a)

legibly and permanently in line with the dipstick guide tube on the same side of the tank as the outlet valves so that the number is legible from the ground; and

(b)

legibly, permanently and conspicuously adjacent to the compartment's outlet valve F1and its foot valve operating mechanism other than any emergency shut down mechanism.

(2)

The nominal capacity of each compartment and the minimum quantity of fuel which may be delivered by the use of a dipstick from each compartment shall be marked legibly, permanently and conspicuously on the same side of the tank as the outlet valves with the same unit of measurement as is used for marking the dipstick.

(3)

A legible, permanent and conspicuous notice shall be positioned on the same side of the tank as the outlet valves stating that dipsticks should be read at scale marks only.

F2(4)

A legible, permanent and conspicuous notice shall be positioned adjacent to the outlet valves on every road tanker which has bottom loaded compartments stating—

(a)

that the tanker has bottom loaded compartments;

(b)

that dipsticks associated with bottom loaded compartments must not be used unless the compartment’s foot valve is open; and

(c)

the method of indicating whether the foot valve of any bottom loaded compartment is open or closed.

34I1

Where more than one compartment discharges through a common outlet manifold means shall be provided to prevent liquid flowing from one compartment into another compartment.

35I1

(1)

Tanks and compartments shall be so constructed that the prescribed limits of error at any scale mark shall not be exceeded whether the adjacent compartments are empty or contain liquid.

(2)

Every tank shall be made of any metal, alloy or synthetic material that is suitable for the type of liquid contained, and such metal, alloy or synthetic material must possess sufficient strength, durability and stability and a co-efficient of linear expansion not exceeding 25 × 10>−6°>C.

(3)

Every compartment shall be so shaped and constructed that—

(a)

when the vehicle is standing on a level surface, no air pockets form on filling and no liquid is retained on discharge; and

(b)

any baffles or stiffeners inside a compartment do not interfere with its filling or emptying.

(4)

The emptiness of a compartment and its associated discharge pipes shall be easily verifiable.

F1(5)

Means shall be provided to indicate whether the foot valve opening mechanism of a bottom loaded compartment has been activated.

36I1

(1)

Liquid fuel shall not be transferred from one compartment into another during a delivery.

(2)

A contents gauging system and a meter measuring system shall be used for trade as follows:—

(a)

the sales indicator shall be set to zero before a delivery commences; and

F1(b)

with a ticket printing mechanism which shall be used to provide an individual printed ticket.

(3)

No person shall use for trade a meter measuring system at a rate of flow which is more than its approved maximum or less than its approved minimum rate.

37I1

Regulations 38 to 42 below apply to contents gauging systems.

38I1

(1)

No contents gauging system shall be tested unless it is installed ready for use and complete with all its parts and ancillary equipment concerned in the operations of measurement and delivery as described in the certificate of approval.

(2)

Every contents gauging system shall be tested by an inspector under the approved working conditions, with a liquid fuel which it is designed to deliver, or with a liquid specified in the certificate of approval.

39I1

For the purposes of the performance by an inspector of his functions under the Act or these Regulations relating to inspection, testing, passing as fit for use for trade and stamping of a contents gauging system, a person submitting such a system to an inspector or who an inspector has reasonable cause to believe has possession of such a system for use for trade shall, if requested, provide for the inspector's use such liquids as the inspector may reasonably require, and any liquids so provided shall be returned to the person in question.

40I1

An inspector shall test a contents gauging system using—

(a)

local standards of capacity; or

(b)

a reference meter; or

(c)

other equipment, being measures of capacity forming part of a fixed installation or being mounted on a vehicle or trailer, which has been tested in a manner which the inspector considers suitable, and adjusted, within the last twelve months, so as not to have any apparent error.

41I1

(1)

An inspector may open any locked or sealed container for the purpose of testing a contents gauging system or for the return of liquid withdrawn during testing, and any liquid so withdrawn shall, upon conclusion of the test, be forthwith returned to the container from which it was withdrawn if the inspector is of the opinion that it is practicable and desirable so to do and the proprietor or person in charge of the equipment does not object; otherwise, it shall be placed in another suitable receptacle reasonably convenient for the purpose and nominated and provided by the proprietor or person in charge of the equipment.

(2)

The inspector, if requested, shall give to the proprietor or person in charge of the said equipment a signed and dated statement of the quantity of such liquid withdrawn from the container and returned or placed as aforesaid.

42I1

An inspector shall securely re-fasten any container opened under Regulation 41(1) above immediately after the conclusion of the test and the return of the liquid withdrawn during testing or its placing in another receptacle; and for this purpose he shall replace any seal or link broken by him in opening the said container with a seal upon which he shall affix the stamp.

43I1

Regulations 44 to 50 below apply to meter measuring systems.

44I1

(1)

No meter measuring system shall be tested unless it is installed ready for use and complete with all its parts and ancillary equipment concerned in the operations of measurement and delivery as described in any certificate of approval.

(2)

Every meter measuring system shall be tested by an inspector under the approved working conditions, with a liquid fuel which it is designed to deliver, or with a suitable liquid of similar viscosity.

45I1

For the purposes of the performance by an inspector of his functions under the Act or these Regulations relating to inspection, testing, passing as fit for use for trade and stamping of a meter measuring system a person submitting such a system to an inspector or who an inspector has reasonable cause to believe has possession of such a system for use for trade shall, if requested, provide for the inspector's use such liquid fuel as the inspector may reasonably require, and any liquid fuel so provided shall be returned to the person in question.

46I1

A meter measuring system shall be tested at rates of flow which are not more than the approved maximum and not less than the approved minimum, the rate of flow being maintained as uniform as practicable.

47I1

An inspector shall test a meter measuring system using—

(a)

local standards of capacity; or

(b)

a reference meter; or

(c)

other equipment, being measures of capacity forming part of a fixed installation or being mounted on a vehicle or trailer, which has been tested in a manner which the inspector considers suitable, and adjusted, within the last twelve months, so as not to have any apparent error.

48I1

(1)

An inspector may open any locked or sealed container for the purpose of testing a meter measuring system or for the return of liquid withdrawn during testing, and any liquid so withdrawn shall, upon conclusion of the test, be forthwith returned to the container from which it was withdrawn if the inspector is of the opinion that it is practicable and desirable so to do and the proprietor or person in charge of the equipment does not object; otherwise, it shall be placed in another suitable receptacle reasonably convenient for the purpose and nominated and provided by the proprietor or person in charge of the equipment.

(2)

The inspector, if requested, shall give to the proprietor or person in charge of the said equipment a signed and dated statement of the quantity of such liquid withdrawn from the container and returned or placed as aforesaid.

49I1

An inspector shall securely re-fasten any container opened under Regulation 48(1) above immediately after the conclusion of the test and the return of any liquid withdrawn during testing or its placing in another receptacle; and for this purpose he shall replace any seal or link broken by him in opening the said container with a seal upon which he shall affix the stamp.

50I1

(1)

An inspector shall not test a meter measuring system in accordance with this Part of these Regulations where an occurrence of the type mentioned in Regulation 65 below has occurred, unless having tested the operation of the meter and gas separator, he concludes that further testing of the accuracy of the system is necessary.

(2)

An inspector shall not test a meter measuring system in accordance with this Part of these Regulations where an occurrence of the type mentioned in Regulation 66 below has occurred; in such a case he shall test the system in such way as he considers appropriate to establish the correct operation of its parts affected by the occurrence or, where appropriate, their replacements.

51I1

Regulations 52 to 55 below apply to dipstick measuring systems.

52I1

(1)

—

(a)

Except in the case of a dipstick tested by reference to a calibration chart as mentioned in paragraph (2) below, a dipstick associated with a compartment shall be tested by inserting into, or withdrawing from, the compartment known volumes of liquid and determining the position of the scale mark on the dipstick when the road tanker is on a level surface

(b)

The known volumes in paragraph (a) above shall be determined using—

(i)

local standards of capacity; or

(ii)

a reference meter; or

(iii)

other equipment, being measures of capacity forming part of a fixed installation or being mounted on a vehicle or trailer, which has been tested in a manner which the inspector considers suitable, and adjusted, within the last twelve months, so as not to have any apparent error.

(2)

A dipstick associated with a compartment may be tested by comparing the distance of every scale mark from the datum surface with that given on the calibration chart in respect of the compartment, unless any alteration, addition, damage or repair has been effected to the compartment which in the opinion of the inspector has invalidated the calibration chart, in which case the inspector shall not use a calibration chart to test a dipstick until a new calibration chart has been prepared.

(3)

On testing a dipstick associated with a compartment an inspector shall inspect the compartment unless the calibration chart was prepared not more than 42 days before testing, in which case testing may be carried out with the dipstick and calibration chart only being present.

(4)

Not more than two dipsticks relating to a compartment forming part of a dipstick measuring system may be passed as fit for use for trade on any one occasion.

53I1

For the purposes of the performance by an inspector of his functions under the Act or these Regulations relating to inspection, testing, passing as fit for use for trade and stamping of a dipstick measuring system a person submitting such a system to an inspector or who an inspector has reasonable cause to believe has possession of such a system for use for trade shall, if requested, provide for the inspector's use such products as the inspector may reasonably require, and any products so provided shall be returned to the person in question.

54I1

An inspector shall use, in testing any dimensional measurement in a dipstick measuring system—

(a)

a rigid local standard of length; or

(b)

a material measure of length to which Council DirectiveNo73/362/EECf1 applies bearing the mark of EEC initial verification and an indication that it is of accuracy class I which—

(i)

is divided into 1 mm intervals throughout, and

(ii)

has been tested in a manner which the inspector considers suitable within the previous 10 years and found not to have errors exceeding those permitted by item 7.4 of the Annex to the said Directive; or

(c)

a rigid linear measure of appropriate length which—

(i)

is divided into 1 mm intervals throughout, and

(ii)

has been tested in a manner which the inspector considers suitable within the previous 10 years and found not to have errors in excess or in deficiency of 0.25 mm per whole metre or part of a metre; or

(d)

other equipment for measuring length of suitable form and durability which has been tested in a manner which the inspector considers suitable and found not to have any error in excess or in deficiency of 0.25 mm per whole metre or part of a metre.

55I1

Tanks submitted for testing shall be clean.

55AMeasuring equipment imported from a member State or an EEA StateF1F5

(1)

In relation to measuring equipment imported into Great Britain from F2a member State or from an EEA State, subject to paragraph (4) below, an inspector shall not carry out any test in accordance with the foregoing provisions of this Part of these Regulations if, together with the measuring equipment being imported, he is presented with the requisite documentation.

(2)

In this Regulation and in Regulation 57(2) below—

(a)

“requisite documentation” means—

(i)

the test report of an approved body stating that the measuring equipment which is the subject of that report has been tested in accordance with the tests mentioned in this Part of these Regulations and stating which tests have been applied to that measuring equipment; and

(ii)

the test results relating to those tests; and

(b)

“EEA State” means a State which is a Contracting Party to the EEA Agreement F3...; and in this paragraph “the EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993.

(F43)

A body is an “approved body” for the purposes of this regulation if it is a body in a member State or in an EEA State which has responsibility in that State for metrological control of measuring equipment on road tankers or is a laboratory which has been accredited for the purposes of testing measuring equipment on road tankers in a member State or in an EEA State as being a body which conforms with the criteria set out in BS EN ISO/IEC 17025:2000.

(4)

Nothing in these Regulations shall prevent an inspector testing in accordance with the foregoing provisions of this Part of these Regulations where he is not satisfied—

(a)

as to the authenticity of the test report or the test results presented to him; or

(b)

that those results in fact relate to the measuring equipment being imported.

56I1

(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:

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.

57F1

(1)

Save in a case of measuring equipment imported from F2a member State or an EEA State, no measuring equipment shall be passed as fit for use for trade unless—

(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 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.

58I1

(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.

(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.

59I1

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.

60I1

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.

61I1

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:

62I1

An inspector shall obliterate the stamp on any measuring equipment which—

(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.

63I1

An inspector shall obliterate the stamp on any measuring equipment which has, since it was last stamped, had any F1adjustment, 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.

64I1

(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.

(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.

65I1

(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.

66I1

(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;

F1(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.

Signature

Alexander Fletcher

Parliamentary Under-Secretary of State

Department of Trade and Industry

13th September 1983

Explanatory note

These Regulations replace the Measuring Equipment (Liquid Fuel delivered from Road Tankers) Regulations 1979 as amended. They apply to all measuring equipment on road tankers (other than those used for the delivery of liquefied gas, lubricating or heated oil and for refuelling ships and aircraft) for use for trade in the making of any measurement of liquid fuel in a quantity exceeding 20 gallons or 100 litres. They make provision as to the principles of construction and marking of measuring equipment, its manner of use for trade, the inspection, testing, passing as fit for use for trade and stamping of such equipment (and obliteration of stamps on such equipment), and the prescribed limits of error. The Regulations prescribe this equipment for the purpose of section 11(1) of the Weights and Measures Act 1963 so that it will be unlawful to use it for trade purposes from 1st July 1984 unless it has been tested, passed as fit for such use and stamped by an inspector of weights and measures.

The Regulations make the following changes of substance:—

  1. (a)

    a new category of measuring equipment—contents gauging systems—has been included, with appropriate provisions for the construction and marking, manner of use for trade, inspection and testing, prescribed limits of error and passing as fit for use for trade, stamping and obliteration of stamps in respect of these systems (Regs. 2, 8–12, 36, 37–42, 56–58 and 60–64);

  2. (b)

    a definition of calibration chart has been included (Reg. 2 (2));

  3. (c)

    provision has been made for detailed requirements for dipstick marking and graduations (Reg. 28);

  4. (d)

    a requirement has been included to ensure that the inspector testing measuring equipment must, if he so requests, be supplied with appropriate products (Regs. 39, 45 & 53);

  5. (e)

    provision has been made for reduced testing of meter measuring systems in the circumstances referred to in (h) and (i) below (Reg. 50);

  6. (f)

    provision has been made for the inspector, when testing a dipstick against a recent calibration chart, not to have to inspect the associated compartment (Reg. 52);

  7. (g)

    the prescribed limit for error for scale marks on dipstick blades has been reduced from 4 mm to 2 mm when tested against a calibration chart (Reg. 56);

  8. (h)

    meter measuring systems may be used for trade unstamped, where a stamp on the system has been lawfully destroyed, obliterated or defaced to allow the changing of the meter and gas separator assembly (Reg. 65); and

  9. (i)

    meter measuring systems may also be used for trade unstamped, where other stamps on the system have been destroyed etc., eg for clearing jammed tickets from printers, for specified periods subject to specified conditions (Reg. 66).