Requirements for use for trade
In this Part of this Schedule, “ measuring system ” means a measuring system (other than one used in connection with the refuelling of aircraft, ships or hovercraft) which is used for the continuous and dynamic measurement in a quantity exceeding 100 litres or 100 kilograms of liquid fuel delivered from a road tanker other than—
(a) liquefied gases;
(b) lubricating oils;
(c) liquid fuels of a temperature below -153°C; or
(d) liquid fuels of a dynamic viscosity exceeding 100 millipascal seconds at 15°C.
Requirements for use for trade
No person shall use for trade a measuring system unless—
(a) it is compliant with the essential requirements other than the provisions relating to maximum permissible errors;
(b) it is erected an installed so as to facilitate testing;
(c) it operates within the maximum permissible errors in paragraph 11; and
(d) the requirements of paragraphs 12 and 13 are complied with.
Maximum permissible error
(1) A measuring system which falls within an accuracy class of 0.3, 0.5 or 1.0 must, when used to measure a quantity set out in column 1 of the following Table, operate within the maximum permissible error as set out in column 2, 3 or 4 of that Table for that class and that quantity.
(2) In the Table, “ MMQ ” means minimum measured quantity.
Manner of use
(1) Where a measuring system is marked with—
(a) a temperature range, it must not be used for trade in temperatures outside that range; or
(b) a flowrate range, it must not be used for trade at a flowrate outside that range.
(2) A measuring system which bears a mark which signifies the manner and purpose of use must not be used for trade in a manner or for a purpose which does not accord with that marking.
(3) If a measuring system is adjusted, it must not be used for trade unless the calibration of the system is set as close to zero error as is practicable.
(4) A measuring system must not be used for trade unless it is fitted with a ticket printing mechanism which provides an individual printed ticket.
(5) A measuring system must not be used for trade in circumstances which are likely prematurely to degrade its metrological characteristics.
(6) A measuring system must not be used for trade unless the sales indicator—
(a) is set to zero before measurement of the liquid fuel commences;
(b) remains at zero until that fuel starts to emerge from the instrument;
(c) is not reset to zero during measurement of that fuel; and
(d) cannot be advanced by any means other than by the discharge of that fuel from the instrument and the proper operation of instrument.
(7) A measuring system must not be used in circumstances—
(a) which are likely prematurely to degrade its metrological characteristics; or
(b) in which it may be prevented from operating consistently or accurately.
Minimum measured quantity
(1) A measuring system must not be used to measure quantities of liquid fuel delivered from a road tanker that are less than the minimum measured quantity but this paragraph does 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 sub-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.
Contains public sector information licensed under the Open Government Licence v3.0 (legislation.gov.uk).
