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

• Citation: S.I. 1983/1390
• Sections: 71

Section 1

(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.

Section 2

(1) In these Regulations—

“ the Act ” means the Weights 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 ;

“ 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, ... 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:—

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

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

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 m 3 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 stamp ;

“ 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:—

Section 3

(1) Subject to paragraphs (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 ... 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 with a kinematic viscosity exceeding 100 mm 2 /s at 15°C ; or

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

(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.

Section 4

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

Section 5

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 or 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 .

Section 6

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.

Section 7

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

Section 8

Regulations 9 to 12 below apply to contents gauging systems.

Section 9

(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.”.

Section 10

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.

Section 11

Every contents gauging system shall be fitted with a sales indicator reading in litres ... 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.

Section 11A

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

Section 12

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.

Section 13

Regulations 14 to 17 below apply to meter measuring systems.

Section 14

(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.”.

Section 15

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.

Section 16

Every meter measuring system shall be fitted with a sales indicator reading in litres ... 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.

Section 16A

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

Section 17

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.

Section 18

Regulations 19 to 35 below apply to dipstick measuring systems.

Section 19

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

Section 19A

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Section 20

(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 tank 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 of 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 top 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.

(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%”.

Section 21

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

Section 22

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.

Section 23

(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.

Section 24

(1) The unit of measurement to be used in marking a dipstick shall be ... 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”

Section 25

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.

Section 26

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

Section 26A

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.

Section 27

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.

Section 28

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.

Section 29

(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.

(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.

Section 30

(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.

Section 31

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.

Section 32

(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.

Section 33

(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 and 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.

(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.

Section 34

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.

Section 35

(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.

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

Section 36

(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

(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.

Section 37

Regulations 38 to 42 below apply to contents gauging systems.

Section 38

(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.

Section 39

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.

Section 40

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.

Section 41

(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.

Section 42

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.

Section 43

Regulations 44 to 50 below apply to meter measuring systems.

Section 44

(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.

Section 45

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.

Section 46

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.