The Motor Fuel (Sulphur Content of Gas Oil) (Amendment) Regulations 1990

• Citation: S.I. 1990/1097
• Sections: 9

Section 1 Citation, commencement and introduction

These Regulations may be cited as the Motor Fuel (Sulphur Content of Gas Oil) (Amendment) Regulations 1990 and shall come into force on 14th June 1990.

Section 2 Citation, commencement and introduction

The Motor Fuel (Sulphur Content of Gas Oil) Regulations 1976 (“the 1976 Regulations ”) shall be amended in accordance with the following provisions of these Regulations.

Section 3 Interpretation

In regulation 2—

(a) in paragraph (1)—

(i) for the definition of “gas oil” there shall be substituted—

“gas oil” means any liquid petroleum product produced in a refinery of a kind used as fuel in motor vehicles propelled by diesel engines of which at least 85 per cent by volume, including distillation losses, is distilled at a temperature of 350°C, when it is tested by the method described in British Standard BS 2000: Part 123: 1985 (February 1985 revision), entitled “British Standard Methods of test for Petroleum and its products. Part 123. Distillation of Petroleum Products” which came into effect on 28th February 1985

(ii) the word “and” immediately following the definition of “gas oil” shall be omitted and after the definition of “motor fuel” there shall be added the following words—

“motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads; and

“road”—

in England and Wales has the meaning given by s.192(1) of the Road Traffic Act 1988 (“the 1988 Act ”);

in Scotland has the meaning given by s.192(2) of the 1988 Act; and

in Northern Ireland has the meaning given by Article 2(1) of the Road Traffic (Northern Ireland) Order 1981 .

(b) paragraph (3) shall be omitted.

Section 4 Sulphur content of gas oil

For regulation 4 there shall be substituted—

(4)

(1) The maximum permitted amount of sulphur per one hundred grammes of gas oil, when tested by the appropriate method, shall be 03 grammes.

(2) For the purpose of this regulation and regulation 6(5) gas oil is tested by the appropriate method when—

(a) it is tested by the method described in the Institute of Petroleum document entitled “Sulphur in Petroleum Products by Energy-Dispersive X-ray Fluorescence (Non-Dispersive X-Ray Fluorescence)” published by the Institute of Petroleum under designation IP 336/81 (Reapproved 1986), and

(b) the results of any such test are interpreted in accordance with the rules given in the February 1981 revision of the British Standard which is entitled “Method for Determination and application of precision data in relation to methods of test for petroleum products” published under the numbers BS 4306: 1981 and ISO 4259-1979 which came into effect on 27th February 1981.

Section 5 Prohibition with respect to gas oil having excess sulphur content

In regulation 5—

(a) the words “during a period specified in column (1) of the Schedule to these Regulations” shall be omitted; and

(b) in paragraphs (a) and (b) the words “for that period” shall be omitted.

Section 6 Exemptions in certain cases

In regulation 6—

(a) in paragraph (3)—

(i) before the word “vehicle” where it first occurs there shall be inserted “motor”; and

(ii) after the words “United Kingdom” where they first occur there shall be inserted “from a State which is not a Member State of the European Community”; and

(b) for paragraph (5) there shall be substituted—

(5) Nothing in regulation 5 shall apply to the use of gas oil with a sulphur content not exceeding 05% when tested by the appropriate method which was—

(a) already in the user’s possession on 31st December 1988; and

(b) authorised for use under these Regulations at that date or the Oil Fuel (Sulphur Content of Gas Oil) Regulations 1976 .

Section 7 Offences and Penalties

In regulation 8 for the words “a fine not exceeding £50” there shall be substituted “a fine not exceeding level 2 on the standard scale”.

Section 8 Special provision for Orkney and Shetland

Regulation 9 shall be omitted.

Section 9 Special provision for Orkney and Shetland

The Schedule shall be omitted.