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17.—(1) A meter measuring system shall not be used for trade to measure quantities of liquid fuel delivered from a road tanker that are less than the minimum measured quantity but this paragraph shall 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 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.
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