Measuring Equipment (Liquid Fuel by Road Tanker) Regulations (Northern Ireland) 1984

PART V SUPPLEMENTARY PROVISIONS

Prescribed limits of error

56.—(1) Subject to paragraphs (2) and (3), the prescribed limits of error relating to a contents gauging system or a meter measuring system shall be 0.5% of the indicated quantity.

(2) 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.

(3) 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 in paragraphs (1) and (2), at least one error in five shall not exceed 0.3% of the quantity indicated.

(4) 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);

(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);

(c) the lower edge of the line referred to in Regulation 27 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.

Passing as fit for use for trade

57.  Measuring equipment shall not be passed as fit for use for trade unless—

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

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

(c) in the case of a meter measuring system first submitted before 1st July 1984 for testing with a view to passing as fit for use for trade, it is constructed in a manner which does not facilitate fraudulent use.

Stamping

58.—(1) Every contents gauging system shall be provided with such sealing arrangements as may be specified in the particular pattern in accordance with which the system is made as set out in any certificate of approval relating to it and which is 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 specified in the particular pattern in accordance with which the system is made and set out in any certificate of approval relating to it and which is in force.

(3) The stamp shall be placed on every such plug, seal or sealing device referred to in paragraphs (1) and (2).

Placing of stamp on dipstick measuring systems

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 or, where applicable, on the metal rivet referred to in Regulation 22, and adjacent to the datum surface.

Restriction on stamping

60.  Measuring equipment shall not be stamped in accordance with regulation 58(3) or 59 if it bears any mark which might reasonably be mistaken for the stamp.

Obliteration of stamps

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:

Inspectors' powers and duties regarding obliteration of stamps

62.—(1) Subject to paragraph (2), 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), (2) and (3) 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(4); or

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

(2) 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 person in charge 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.

Alterations or additions to measuring equipment

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

Consequences of obliteration of stamps

64.—(1) Subject to paragraphs (2) and (3), 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.

(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 liquid 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.

Lawful use for trade of meter measuring system where a stamp has been destroyed, obliterated or defaced for purposes of installing a meter and gas separator

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 Article 9(2) of the Order 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) notification in writing complying with paragraph (2) 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.

(2) The notification referred to in paragraph (1) 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); and

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

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

Other circumstances in which a meter measuring system may lawfully be used for trade where a stamp has been destroyed, obliterated or defaced

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 Article 9(2) of the Order 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 a part of the meter measuring system other than the joint in the vent pipe from the gas separator;

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

(d) notification in writing complying with paragraph (2) 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.

(2) The notification referred to in paragraph (1) 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); and

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

(3) In paragraph (1) “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.