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STATUTORY INSTRUMENTS


2006 No. 1269

WEIGHTS AND MEASURES

The Measuring Instruments (Liquid Fuel delivered from Road Tankers) Regulations 2006

  Made 28th April 2006 
  Laid before Parliament 8th May 2006 
  Coming into force
  Regulations 1, 2, 7, 9 and 10 and Part 1 of Schedule 2 30th May 2006 
  Remaining regulations 30th October 2006 


CONTENTS


PART I

PRELIMINARY
1. Citation and commencement
2. Interpretation
3. Application

PART II

PLACING ON THE MARKET AND PUTTING INTO USE OF METER MEASURING SYSTEMS
4. Requirements for placing on the market and putting into use
5. Compliance with the essential requirements
6. Conformity assessment procedures
7. Designation of United Kingdom notified bodies
8. Functions of notified bodies
9. Provisions supplemental to regulation 7
10. Variation and termination of designations
11. Fees
12. Marking and identification requirements
13. Conformity with other directives

PART III

USE FOR TRADE OF METER MEASURING SYSTEMS
14. Requirements for use for trade
15. Maximum permissible error
16. Manner of use
17. Minimum measured quantity

PART IV

ENFORCEMENT
18. Enforcement authority
19. Compliance notice procedure
20. Immediate enforcement action
21. Review by the Secretary of State
22. Disqualification
23. Re-qualification
24. Testing of meter measuring systems
25. Unauthorised application of authorised marks
26. Powers of entry and inspection
27. Obstruction of enforcement officer
28. Penalties for offences
29. Defence of due diligence
30. Liability of persons other than the principal offender

PART V

MISCELLANEOUS AND SUPPLEMENTAL
31. Service of documents
32. Savings for certain privileges
33. Adaptation for Northern Ireland

  SCHEDULE 1— ESSENTIAL REQUIREMENTS

  SCHEDULE 2— NOTIFIED BODIES
 PART 1— NOTIFIED BODY CRITERIA
 PART 2— FUNCTIONS

  SCHEDULE 3— TECHNICAL DOCUMENTATION

  SCHEDULE 4— MARKING AND INSCRIPTIONS

  SCHEDULE 5— ADAPTATIONS FOR NORTHERN IRELAND

The Secretary of State has been designated[
1] for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to, and for purposes ancillary to, the regulation of specifications, construction, placing on the market and use of articles, instruments, containers or other equipment intended for weighing, measuring or testing.

     The Secretary of State makes the following Regulations under the powers conferred on him by section 2(2) of that Act and, in relation to Part III of the Regulations, under the powers conferred on him by sections 15(1) and 86(1) of the Weights and Measures Act 1985[3].



PART I

PRELIMINARY

Citation and commencement
     1. —(1) These Regulations may be cited as the Measuring Instruments (Liquid Fuel delivered from Road Tankers) Regulations 2006.

    (2) This regulation, regulations 2, 7, 9 and 10 and Part 1 of Schedule 2 shall come into force on 30th May 2006.

    (3) The remaining regulations shall come into force on 30th October 2006.

Interpretation
    
2. —(1) In these Regulations—

who has been notified to the Commission and the other member States pursuant to Article 11.1;

other than the tank containing the fuel used to propel the vehicle or trailer;

    (2) Other expressions used in these Regulations have the same meanings as in the Weights and Measures Act 1985.

    (3) In these Regulations, a reference to a member State includes Norway, Iceland and Liechtenstein[7].

    (4) References in these Regulations to an Article, Annex or a part of an Annex are references to an Article, Annex or a part of an Annex to the Directive.

Application
     3. —(1) Subject to paragraphs (2), (3), (4), (5) and (6), these Regulations apply to a meter measuring system which is—

    (2) These Regulations do not apply to a meter measuring system—

    (3) These Regulations do not apply to a meter measuring system—

    (4) These Regulations do not apply to a meter measuring system which is used to measure—

    (5) These Regulations do not apply to a meter measuring system which is used in the refuelling of aircraft, ships or hovercraft.

    (6) These Regulations do not apply to a meter measuring system which is not compliant with the essential requirements and which is displayed or presented at a trade fair, exhibition or demonstration, if a sign displayed visibly on or near the instrument clearly indicates that the instrument—

    (7) For the purposes of paragraph (3)—



PART II

PLACING ON THE MARKET AND PUTTING INTO USE OF METER MEASURING SYSTEMS

Requirements for placing on the market and putting into use
     4. —(1) No person shall place on the market or put into use a meter measuring system unless the following requirements, or the corresponding requirements of the Directive as implemented under the law of another member State, are met—

    (2) A person who fails to comply with the requirements of paragraph (1) shall be guilty of an offence and any meter measuring system to which the offence relates shall be liable to be forfeited.

Compliance with the essential requirements
    
5. —(1) A manufacturer may demonstrate that a meter measuring system is compliant with the essential requirements by—

and selecting and following one of the conformity assessment procedures.

    (2) A meter measuring system which is compliant with the relevant national standard or relevant normative document shall be presumed to be compliant with the essential requirements.

    (3) Where the meter measuring system is compliant only in part with the relevant national standard or relevant normative document, it shall be presumed to be compliant only with that part of the essential requirements which corresponds to the element of the relevant national standard or relevant normative document with which the instrument is compliant.

    (4) Where a meter measuring system includes or is connected to a device which is not used for trade—

Conformity assessment procedures
    
6. —(1) The conformity assessment procedures are the procedures as follows—

    (2) The manufacturer or his authorised representative shall provide to the notified body carrying out the relevant conformity assessment procedure the technical documentation set out in Schedule 3.

    (3) In this regulation—

Designation of United Kingdom notified bodies
    
7. —(1) The Secretary of State may, on the application of a person, designate that person to be a United Kingdom notified body.

    (2) The Secretary of State shall not make a designation under paragraph (1) unless he is satisfied that the person meets the notified body criteria.

    (3) A person who meets the criteria laid down in a national standard shall be presumed to meet that part of the notified body criteria which corresponds to the criteria in the national standard.

    (4) A designation under paragraph (1)—

    (5) In exercising the power conferred on him by paragraph (1), the Secretary of State may (in addition to the matters of which he is required to satisfy himself pursuant to paragraph (2)) have regard to any matter appearing to him to be relevant.

    (6) For the purposes of paragraph (3), "national standard" means a standard applicable to the designation of notified bodies—

Functions of notified bodies
    
8. A notified body shall carry out the functions set out in Part 2 of Schedule 2.

Provisions supplemental to regulation 7
    
9. —(1) The Secretary of State shall, from time to time, publish a list of notified bodies indicating, in the case of each United Kingdom notified body, the description of any meter measuring system in respect of which that notified body is designated; and such a list may include information concerning any condition to which the designation of any United Kingdom notified body is subject.

    (2) The Secretary of State shall, from time to time, carry out an inspection of each United Kingdom notified body with a view to verifying that it—

but, unless it appears to him that there are circumstances which make it necessary or expedient to do so, he shall not carry out an inspection within two years from the date of designation under regulation 7, or of any later inspection under this paragraph.

Variation and termination of designations
    
10. —(1) The Secretary of State may vary a designation made under regulation 7 if—

    (2) The Secretary of State may terminate a designation made under regulation 7—

    (3) Where the Secretary of State is minded to—

he shall—

    (4) If a designation is terminated under paragraph (2), the Secretary of State may—

Fees
    
11. —(1) A United Kingdom notified body may charge such fees in connection with, or incidental to, the carrying out of conformity assessment procedures or specific tasks as it may determine.

    (2) The fees referred to in paragraph (1) shall not exceed the following—

    (3) The power in paragraph (1) includes the power to require the payment of fees or a reasonable estimate of such fees in advance of carrying out the work requested by the applicant.

    (4) Where any fees payable to a United Kingdom notified body pursuant to this regulation remain unpaid 28 days after either the work has been completed or payment of the fees has been requested in writing, whichever is the later, that notified body may by 14 days' notice in writing provide that, unless the fees are paid before the expiry of the notice, the certificate or notification appropriate to the relevant conformity assessment procedure may be suspended until payment of the fees has been received.

Marking and identification requirements
    
12. —(1) Where a meter measuring system is compliant with the essential requirements—

    (2) Any other marking may be affixed to a meter measuring system provided that the visibility and legibility of the CE marking, the M marking and the identification number of the notified body are not reduced.

    (3) For the purposes of paragraph (1)—

Conformity with other directives
    
13. —(1) Where a meter measuring system falls within the scope of other directives which provide for the affixing of the CE marking, the affixing of the CE marking under these Regulations shall indicate that the instrument is also presumed to be compliant with the requirements of those other directives.

    (2) Where paragraph (1) applies, the publication reference of such other directives in the Official Journal of the European Union must be given in the documents, notices or instructions required to accompany the instrument.



PART III

USE FOR TRADE OF METER MEASURING SYSTEMS

Requirements for use for trade
    
14. No person shall use for trade a meter measuring system unless—

Maximum permissible error
    
15. —(1) An instrument which falls within an accuracy class of 0.3, 0.5 or 1.0 shall, 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 that Table, MMQ has the same meaning as minimum measured quantity.


Table
           Accuracy Class
           0.3 0.5 1.0
Column 1 Column 2 Column 3 Column 4
Quantity delivered Maximum permissible error Maximum permissible error Maximum permissible error
MMQ to and including MMQ x 2 ± 0.6% x MMQ ± 1% x MMQ ± 2% x MMQ
>MMQ x 2 ± 0.3% x quantity delivered ± 0.5% x quantity delivered ± 1% x quantity delivered

Manner of use
    
16. —(1) Where a meter measuring system is marked with—

    (2) A meter measuring system which bears a mark which signifies the manner and purpose of use, shall not be used for trade in a manner or for a purpose which does not accord with that marking.

    (3) If a meter measuring system is adjusted, the instrument shall not be used for trade unless the calibration of the instrument is set as close to zero error as is practicable.

    (4) A meter measuring system shall not be used for trade unless it is fitted with a ticket printing mechanism which provides an individual printed ticket.

    (5) A meter measuring system shall not be used for trade unless the sales indicator—

    (6) Where the tank containing the liquid fuel to be delivered consists of more than one compartment, that fuel shall not be transferred from one compartment to another when that fuel is being measured.

    (7) A meter measuring system shall not be used for trade in circumstances—

Minimum measured quantity
    
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—

    (2) In paragraph (1)(b), "frustrated delivery" means a delivery of liquid fuel from a road tanker which cannot be completed because—



PART IV

ENFORCEMENT

Enforcement authority
    
18. —(1) It shall be the duty of every local weights and measures authority to enforce these Regulations within its area.

    (2) The Secretary of State may enforce Part II of these Regulations and for that purpose may appoint any person to act on his behalf.

    (3) No proceedings for an offence under these Regulations may be instituted in England and Wales except by or on behalf of an enforcement authority.

    (4) Nothing in these Regulations shall authorise an enforcement authority to bring proceedings in Scotland for an offence.

Compliance notice procedure
    
19. —(1) Where an enforcement authority establishes that, in the case of a meter measuring system that has been placed on the market or put into use, the CE marking or the M marking has, or both have, been affixed unduly, the following provisions of this regulation shall have effect.

    (2) The enforcement authority shall serve a compliance notice on the manufacturer or his authorised representative which shall—

    (3) For the purposes of paragraph (1)—

    (4) Where a compliance notice is served by an enforcement authority other than the Secretary of State, it shall, at the same time as it serves that notice, send a copy to the Secretary of State.

Immediate enforcement action
    
20. —(1) Where an enforcement authority has reasonable grounds for considering that—

the following provisions of this regulation shall have effect.

    (2) The enforcement authority shall serve an enforcement notice on the manufacturer or his authorised representative which shall—

    (3) A notice under paragraph (2) may—

    (4) Where an enforcement notice is served by an enforcement authority other than the Secretary of State, it shall, at the same time as it serves that notice, send a copy to the Secretary of State.

    (5) In the case of a certificate or notification referred to in paragraph (3)—

Review by the Secretary of State
     21. —(1) Where a person is aggrieved by a compliance notice or an enforcement notice served by an enforcement authority other than the Secretary of State, that person may apply to the Secretary of State to review such notice.

    (2) An application under paragraph (1) shall—

    (3) The Secretary of State may—

    (4) The Secretary of State shall, within a reasonable time, inform the aggrieved person and the enforcement authority referred to in paragraph (1) in writing of his decision whether to uphold the notice served by that authority, together with reasons for his decision.

    (5) Where the Secretary of State does not uphold any notice referred to in paragraph (1), he shall give instructions for the withdrawal of that notice.

Disqualification
     22. —(1) If it appears to an inspector that a meter measuring system which bears—

is used for trade in circumstances where—

    (2) Where one or more of the markings and identification requirements referred to in paragraph (1) is not affixed to a meter measuring system, the inspector may affix a disqualification mark to the instrument or to any sealing device on it.

    (3) Where it appears to the inspector that the nature or degree of non-compliance of the meter measuring system under paragraph (1) is not such that a disqualification mark should be immediately affixed to it or to any sealing device on it, he may give to any person in possession of the instrument a notice requiring that person to rectify the non-compliance before the expiry of a stated period not less than 14 days and not exceeding 28 days from the date of the notice.

    (4) If a notice given under paragraph (3) is not complied with, the inspector shall affix a disqualification mark to the meter measuring system or to any sealing device on it.

    (5) A disqualification mark which is affixed to a meter measuring system shall be affixed in such a position that it is clearly visible when the instrument is in its regular operating position or where it is affixed to any sealing device on the instrument, it shall be affixed in such a position that it obliterates as far as possible any inscription on that sealing device.

    (6) A person shall be guilty of an offence if he uses for trade a meter measuring system to which there is affixed a disqualification mark, unless a re-qualification mark has been affixed to the instrument in accordance with regulation 23.

Re-qualification
    
23. —(1) Where—

a person requiring a re-qualification mark to be affixed to the instrument or to any sealing device on it shall submit it, in such manner as may be directed, to an inspector or approved verifier and provide such assistance as the inspector or approved verifier may reasonably require.

    (2) An inspector or approved verifier may affix a re-qualification mark to that meter measuring system or to any sealing device on it if satisfied that the instrument is compliant with—

    (3) For the purposes of being satisfied that a re-qualification mark may be affixed to a meter measuring system or to any sealing device on it, an inspector or approved verifier may take such steps as he considers appropriate, including testing the instrument by means of such test equipment as he considers appropriate and suitable for the purpose.

    (4) There may be charged in respect of any steps taken under paragraph (3)—

having regard to the character and extent of the work done or to be done.

    (5) The inspector or approved verifier shall keep a record of any test carried out under paragraph (3).

    (6) Where a re-qualification mark is affixed to a meter measuring system pursuant to paragraph (2), it shall be affixed in such a position that it obliterates as far as possible any disqualification mark.

Testing of meter measuring systems
    
24. —(1) Where an inspector considers that a test of a meter measuring system is necessary, otherwise than for the purposes of regulation 23(3), he may require the person who has control of the instrument, or whom he has reasonable cause to believe has control of the instrument ("the controller"), to provide to him such equipment, test liquid, materials, qualified personnel or other assistance as the inspector may reasonably require.

    (2) No meter measuring system shall be tested until it is installed ready for use and complete with all its parts.

    (3) A meter measuring system shall be tested by an inspector under practical working conditions with a test liquid which shall be—

    (4) An inspector may open a locked or sealed tank or container for the purpose of testing a meter measuring system or returning any liquid withdrawn during testing.

    (5) Any liquid withdrawn during testing shall be—

    (6) An inspector, if requested to do so by the controller, shall give to him a signed and dated statement of the quantity of liquid withdrawn during testing.

    (7) An inspector shall—

Unauthorised application of authorised marks
    
25. —(1) Subject to paragraph (2), a person shall be guilty of an offence if, in the case of a meter measuring system, he—

    (2) Where the alteration or defacement of an authorised mark is occasioned solely—

that person or his authorised agent, enforcement officer or approved verifier shall not be guilty of an offence under paragraph (1)(b).

    (3) A person shall be guilty of an offence if he places on the market, puts into use or uses for trade a meter measuring system—

    (4) A meter measuring system in respect of which an offence under this regulation has been committed and any implement used in the commissioning of the offence shall be liable to be forfeited.

    (5) A reference in this regulation to other provisions of these Regulations includes a reference to corresponding provisions under the laws of other member States.

    (6) In this regulation, "authorised mark" means the CE marking, the M marking, the identification number of the notified body which carried out the conformity assessment procedure in respect of the instrument, disqualification mark or re-qualification mark.

Powers of entry and inspection
    
26. —(1) Subject to the production if so requested of his credentials, an enforcement officer may for the purposes of these Regulations, at all reasonable times—

    (2) Subject to the production if so requested of his credentials, an enforcement officer may, at any time, seize and detain—

    (3) If a justice of the peace, on written information on oath—

the justice may by warrant under his hand, which shall continue in force for a period of one month, authorise the enforcement officer to enter the premises, if need be by force.


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