Measuring Equipment (Liquid Fuel and Lubricants) Regulations 1995
| Jurisdiction | UK Non-devolved |
| Citation | SI 1995/1014 |
| Year | 1995 |
1995 No. 1014
WEIGHTS AND MEASURES
The Measuring Equipment (Liquid Fuel and Lubricants) Regulations 1995
Made 1st April 1995
Laid before Parliament 6th April 1995
Coming into force 4th May 1995
The Secretary of State, in exercise of the powers conferred on him by sections 11(1) and (4), 12(12), 15(1), 86(1) and 94(1) of the Weights and Measures Act 19851and of all other powers enabling him in that behalf, hereby makes the following Regulations:
PRELIMINARY
Citation, commencement, interpretation and revocation
1.—(1) These Regulations may be cited as the Measuring Equipment (Liquid Fuel and Lubricants) Regulations 1995 and shall come into force on 4th May 1995.
(2) In these Regulations—
“the Act” means the Weights and Measures Act 1985;
“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;
“digital” means capable of assigning only certain discrete values or positions within a continuous range by a series of discontinuous steps;
“liquid fuel” includes liquid fuel, lubricants and any mixture of liquid fuel and lubricants;
“measuring equipment” means any measuring equipment, other than a capacity measure, including a measuring device, ancillary equipment associated with it and any other equipment physically or otherwise connected to it whether or not such equipment has been connected to ensure correct measurement or is intended to facilitate operation of the measuring device and ancillary equipment;
“minimum delivery” means the smallest quantity of liquid fuel which the measuring equipment is designed to measure;
“notice of examination” means a notice of examination giving particulars of a pattern caused to be published by the Secretary of State;
“pattern” has the meaning set out in regulation 4(1) below;
“prescribed limits of error” has the meaning set out in regulation 17 below;
“the stamp” means the prescribed stamp2; and
“test liquid” shall be construed in accordance with regulation 10.
(3) The abbreviations of units of measurement used in these Regulations refer to the relevant units as follows—
litre |
L |
millilitre |
mL |
millimetre |
mm |
millipascal second |
mPa.s. |
(4) The Measuring Equipment (Liquid Fuel and Lubricants) Regulations 19883are hereby revoked.
Application
2.—(1) Subject to paragraph (2) below, these Regulations shall apply to all measuring equipment for use for trade in the making of any measurement of liquid fuel in a quantity not exceeding 20 gallons if it is constructed to measure in imperial units, or 100 L if it is constructed to measure in metric units, other than equipment for use for trade in the making of any measurement of liquefied petroleum gas; and measuring equipment to which these Regulations apply is hereby prescribed for the purposes of section 11(1) of the Act.
(2) Nothing in these Regulations shall apply to any measuring equipment for use for the measurement by capacity of liquid fuel in a quantity not exceeding 100 L which, in accordance with a programme of automatic control and without the intervention of an operator during the measuring process, measures quantities of those products to a constant nominal capacity, the quantities being kept separate.
(3) On 1st October 1995, in paragraph (1) above, the words “20 gallons if it is constructed to measure in imperial units, or” and “if it is constructed to measure in metric units,” shall be omitted.
Purposes of use for trade
3. No person shall use for trade any measuring equipment fitted with a price to pay indicating device in digital form if it indicates during a measuring operation a part of a penny in the amount of the price to be paid by the buyer.
PRINCIPLES OF CONSTRUCTION AND MARKING OF MEASURING EQUIPMENT FOR LIQUID FUEL
Principles of construction and marking of equipment
4.—(1) All measuring equipment shall be made in accordance with a pattern in respect of which a certificate of approval is in force, and in these Regulations “the pattern” means the particular pattern in accordance with which any particular measuring equipment is so made.
(2) Any measuring equipment first submitted for testing with a view to passing as fit for use for trade before 1st January 1981 may, and any measuring equipment first submitted for such testing on or after such date shall, be legibly and durably marked with the number of the certificate of approval or of the notice of examination, preceded by the words “Certification No.”, “Cert. No.” or “Notice No.”, as the case may be.
Marking of name of manufacturer
5. All measuring equipment shall be legibly and durably marked with the name of the manufacturer.
Sales indicators
6. Every individual sales indicator fitted to measuring equipment shall be 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 proper operation of the equipment.
Markings on Equipment
7. Every marking, notice, inscription or indication (including any pictogram) on measuring equipment referring to the method of operation or to the quantity of liquid fuel delivered shall be conspicuously, legibly and durably marked in a suitable position in plain block characters on a plain background and in distinct contrast to it.
Buyer of fuel to have view of measuring operation etc
8.—(1) Subject to paragraphs (2) and (3) below, all measuring equipment which forms part of a fixed installation shall be so positioned that a buyer may readily obtain a clear unobstructed view—
(a)
(a) of all the operations carried out by any other person using the equipment to measure the liquid fuel being supplied to the buyer; and
(b)
(b) of any device on the equipment which is designed to indicate to the buyer the quantity supplied or the amount payable or that delivery is being effected.
(2) Paragraph (1) above shall not apply to any equipment for use only for measuring kerosene except where the equipment is—
(a)
(a) situated on premises where petrol is sold; or
(b)
(b) used for measuring kerosene in the course of delivery into the fuel tanks of vehicles.
(3) Paragraph (1) above shall not apply to any equipment normally used for the measurement of lubricants in the absence of the buyer.
(4) Any indication on measuring equipment referring in metric units of measurement to the quantity of liquid fuel supplied may be accompanied by a supplementary indication.
Manner of use for trade
9. All measuring equipment shall be used for trade in such a manner that every individual sales indicator shall be set to zero before a delivery commences.
TESTING
Testing to be carried out under working conditions
10. All measuring equipment shall be tested by an inspector under practical working conditions with a test liquid, that is to say,—
(a) the liquid fuel that the equipment is intended to deliver; or
(b) a liquid having properties which replicate in all respects relevant to testing those of the liquid fuel which the equipment is intended to deliver,
and in the following provisions of these Regulations “test liquid” shall be construed accordingly.
Equipment tested to be complete
11. No measuring equipment shall be tested unless it is complete with all its parts as described in the certificate of approval or notice of examination, as the case may be.
Testing of measuring equipment
12.—(1) All measuring equipment which is to be permanently fixed in the position in which it is to be used shall be tested, passed as fit for use for trade and stamped only when—
(a)
(a) completely erected, installed and ready for use at the place where it is to be used; or
(b)
(b) completely erected and ready for use at the place of its manufacture or assembly in such a manner, in such a configuration and in such an environment as to replicate in all relevant respects those in which it will be installed at the place where it is to be used.
(2) All measuring equipment (other than equipment to which paragraph (1) above applies) shall be tested, passed as fit for use for trade and stamped only when—
(a)
(a) completely erected, installed and ready for use at the place where it is to be used; or
(b)
(b) completely erected ready for use in conditions which are in all material respects the same as those at the place at which it is to be installed for use.
(3) Notwithstanding paragraph (2)(b) above, measuring equipment which has been tested, passed as fit for use for trade and stamped in accordance with that paragraph shall not be used for trade if—
(a)
(a) it has subsequently been dismantled before completion of its installation at the place where it is to be used; and
(b)
(b) any such dismantling is likely to have affected its performance.
Equipment fitted with a hose
13.—(1) Subject to paragraph (2) below, before testing any measuring equipment fitted with a discharge hose, the inspector shall ensure that test liquid has first been passed through the equipment.
(2) This regulation shall not apply to equipment used for the measurement of liquid fuel where the delivery system remains permanently full up to the outer extremity of the discharge hose.
(3) In this regulation the expression “hose” includes rigid pipe work.
Provision of test liquid
14. For the purposes of the performance by an inspector of his functions under the Act or these...
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