Weights and
Measures (Measuring Instruments) (Liquid Fuel and Lubricants) (Jersey) Order
1968[1]
Interpretation
1
(1) In
this Order, unless the context otherwise requires –
“Law” means
the Weights and
Measures (Jersey) Law 1967;
“measuring
instrument” means any measuring equipment other than a capacity measure;
“prescribed limits
of error” means the limits of error prescribed by this Order;
“prescribed stamp”
means the stamp specified in the Weights and Measures
(Prescribed Stamp) (Jersey) Order 1975.
(2) References
in this Order to any enactment shall be construed as references to that
enactment as amended by any subsequent enactment or to any other enactment
repealing and re-enacting that enactment with our without further amendment.
Application
2
The provisions of this Order
shall apply to all measuring instruments for use for trade in the making of any
measurement of liquid fuel or lubricants or any mixture of such fuel and
lubricants in a quantity not exceeding 20 gallons and such instruments are
hereby prescribed for the purposes of Article 12(1) of the Law.
Principles Of Construction
3
No measuring instrument
for use for the measurement of liquid fuel or lubricants or a mixture of such
fuel and lubricants in the presence of the buyer shall be so arranged as to
deliver quantities at more than one outlet.
4
(1) Every
measuring instrument for use for the measurement of liquid fuel or a mixture of
such fuel and lubricants in the presence of the buyer shall be provided with an
individual sales indicator so graduated as to indicate all possible
deliveries –
(a) in
the case of instruments delivering liquid fuel, up to not less than 10 gallons;
(b) in
the case of instruments delivering a mixture of liquid fuel and lubricants, up
to not less than one gallon.
(2) Any
other counting or totalising device that may be provided shall be so arranged
as to avoid any possibility of confusion with the individual sales indicator.
5
(1) Every
individual sales indicator fitted to a measuring instrument shall be arranged
so that it can be readily re-set to its zero indication, and so that it is not
possible to advance the indication by means other than by the proper operation
of the instrument.
(2) In
the case of instruments of the twin or multiple container type, the individual
sales indicator shall be so arranged as not to register before the discharge
from each container has commenced.
6
No audible or other
signals of discharge which can be operated to signal before the movement of the
individual sales indicator shall be fitted to any measuring instrument.
7
Every graduated dial,
scale or other indicating device of a measuring instrument shall –
(a) be
so graduated and numbered that it can be read in numerical sequence in one
direction only;
(b) be
securely attached to its support or to the spindle or other part of the
mechanism which controls its movement.
8
Every marking, notice,
inscription or indication on a measuring instrument having reference to the
method of operation or to the quantity delivered shall be conspicuously and
legibly marked in a suitable position in plain block characters on a plain
background and in distinct contrast thereto.
9
Every stop or setting
device of a measuring instrument either shall be marked in such a manner as to
indicate the quantity it represents or shall be clearly associated with a
suitable indicating device for the same purpose.
10
Every indication of
quantity on a measuring instrument shall be marked either in full or by means of
one or other of the following abbreviations only –
|
Half-pint
…………………………...
|
½ pt
|
|
Pint
………………………………...
|
pt
|
|
Quart
……………………………….
|
qt
|
|
Half-gallon
………………………...
|
½ gal
|
|
Gallon
……………………………...
|
gal:
|
Provided that the
indications of quantity on containers or on the dial of a sales indicator may
be shown by figures only where the unit of measurement is boldly marked on the
container or dial and no confusion can arise.
11
Every measuring
instrument shall be legibly marked with the name of the maker or supplier.
12[2]
(1) Subject
to paragraph (2), a measuring instrument which forms part of a fixed
installation shall be so positioned that a purchaser may readily obtain a clear
and unobstructed view –
(a) of
all the operations carried out by any other person using the instrument to
measure the fuel or lubricant being supplied to the purchaser; and
(b) of
any device on the instrument which indicates the quantity supplied or the
amount payable or that delivery is being effected.
(2) Paragraph (1)
shall not apply to any instrument for use only for measuring kerosene except
where the instrument is –
(a) situated
on premises where petroleum is sold; or
(b) used
for measuring kerosene in the course of delivery into the fuel tanks of
vehicles, vessels or aircraft.
13
Every measuring
instrument shall be fitted with adequate sight glasses, observation windows or
other devices approved by the Minister for showing clearly either –
(a) that
the container or containers are properly charged or discharged; or, as the case
may be –
(b) that
the instrument is properly primed before use, in which case the instrument
shall bear, adjacent to each sight glass, observation window or other said device,
a notice indicating the priming level:
Provided that the
provisions of this Article shall not apply to instruments for use for the
measurement of lubricants, where the delivery system remains permanently full
up to the outer extremity of the discharge pipe.
14
In the case of measuring
instruments of the piston type a non-return valve shall not be fitted in the
pipe line between the piston and any sight glass.
15
Where a measuring
instrument is provided with a swing arm or rigid form of extension pipe, such
arm or pipe shall be so constructed as either –
(a) to
empty itself completely through the delivery outlet; or
(b) to
remain permanently filled up to its connection to the flexible hose, in which
case a sight glass shall be fitted at the highest point of the swing arm or
extension pipe.
16
Every flexible hose for
delivering liquid fuel or a mixture of such fuel and lubricants from a
measuring instrument, together with any swing arm or extension pipe which
empties itself on delivery, shall be so arranged as to facilitate drainage of
the liquid.
17
No measuring instrument
shall be fitted with a flexible discharge hose exceeding 12 feet in length:
Provided that this Article
shall not apply to instruments for use for the delivery of –
(a) liquid
fuel to ships or to aircraft;
(b) lubricants.
18
No nozzle of a form
liable, when open, to trap any portion of the liquid being delivered shall be
attached to the discharge hose of any measuring instrument.
Testing
19
Every measuring
instrument shall be tested under practical working conditions with the liquid
fuel or lubricant or mixture of such fuel and lubricant that the instrument is
intended to deliver.
20
No measuring instrument
shall be tested unless it is complete with all parts and attachments concerned
in the operations of measurement and delivery.
21
Every measuring instrument
which is 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 completely
erected ready for use and installed at the place where it is to be used.
22
Before testing any measuring
instrument fitted with a discharge hose, the inspector shall ensure that liquid
fuel or lubricant or a mixture of such fuel and lubricant, as the case may be,
has first been passed through the instrument:
Provided that the
provisions of this Article shall not apply to instruments used for the
measurement of such liquid fuel, lubricants or mixtures where the delivery
system remains permanently full up to the outer extremity of the discharge
pipe.
23
(1) Before
testing any measuring instrument of the piston type for accuracy, it shall first
be tested for leakage by being fully primed and then left for a reasonable
time; thereafter, if no leakage is apparent, the inspector may proceed to test
for accuracy; otherwise, the inspector shall satisfy himself or herself that
the instrument, without repriming does not, before the expiry of a period of
one hour, show any deficiency of delivery exceeding one fluid ounce in the case
of an instrument constructed to measure a minimum quantity of not less than one
quart, or exceeding one half fluid ounce in the case of an instrument
constructed to measure any quantity of less than one quart.
(2) Every
measuring instrument of the piston type shall be fully primed immediately
before the test for accuracy is commenced; if, however, the instrument appears
already to be fully primed, it may be tested forthwith for accuracy, but the
test for leakage specified in paragraph (1) may, if the inspector thinks
fit, also be carried out.
(3) No
measuring instrument of the piston type which fails to satisfy the test for
leakage specified in paragraph (1) shall be passed as fit for use for
trade.
24
No measuring instrument
shall be passed as fit for use for trade unless –
(a) it
is of an approved pattern;
(b) it
complies with the appropriate requirements of this Order;
(c) it
measures and delivers liquid fuel or lubricants or mixtures of such fuel and
lubricants to within the prescribed limits of error when it is operated at any
reasonable speed, the speed of operation in respect of any individual delivery
being as uniform as practicable.
25
For the purposes of the
performance by an inspector of the inspector’s tests, the trader or person
in charge of a measuring instrument shall, if requested by the inspector,
provide for the inspector’s use such liquid fuel and lubricants as the
inspector may reasonably require.
26
(1) Any
liquid fuel or lubricant withdrawn from any tank or container for the purpose
of an inspector’s test of a measuring instrument shall, on conclusion of
the test, be forthwith returned to the tank or container from which it was
withdrawn if the inspector is of the opinion that it is practicable and
desirable so to do and the trader or person in charge of the instrument does not
object; otherwise, it shall be placed in another receptacle reasonably
convenient for the purpose and nominated by the trader or person in charge of
the instrument.
(2) The
inspector shall, if requested, furnish to the trader or person in charge of the
said instrument a signed and dated statement of the quantity of liquid fuel or
lubricant withdrawn from the tank or container and returned or placed as
aforesaid.
27
An inspector may open any
locked or sealed tank or container from which liquid fuel or lubricant may have
been withdrawn for the purpose of the inspector’s tests in order to
return the said liquid fuel or lubricant thereto and, immediately after the said
liquid fuel or lubricant has been so returned, the inspector shall securely
re-fasten the said tank or container, and for this purpose the inspector shall
replace any seal or link broken by the inspector in opening the said tank or
container with a seal on which the inspector shall affix the inspector’s
stamp.
Prescribed Limits of Error
28[3]
(1) The
prescribed limits of error on the testing of measuring instruments shall
be –
(a) in
the case of a price computing instrument which indicates the quantity of fuel
delivered in imperial units but which is designed to be converted to indicate
the quantity in metric units, those set out in column 2 of Part 1 of the Schedule;
and
(b) in
the case of any other instrument those set out in column 3 in the said Part 1:
Provided that –
(i) in the case of an
instrument fitted to a tank wagon for use in the measurement of lubricants, the
prescribed limit of error in relation to quantities not exceeding 5 gallons
shall be 5 fluid ounces, and
(ii) in
relation to the retesting of any instrument fitted with a price computing
mechanism which is, in the opinion of an inspector, only required to be
retested as a result of an alteration or adjustment of that mechanism
occasioned by a change in price and has previously been tested and passed as
fit for use for trade (but not since the said alteration or adjustment was
made),
the prescribed limits of
error shall be those set out in Part 2 of the Schedule.
(2) The
limits of error referred to in paragraph (1) shall apply both in respect
of any individual delivery of liquid fuel or lubricant or of any mixture thereof
and in respect of the total quantity delivered by a complete cycle of operation
of the instrument.
Stamping
29
(1) Every
measuring instrument shall be provided with one or more plugs, seals or sealing
devices of a suitable form and material to protect all stops or other
adjustable parts affecting the quantity delivered, or with such alternative
sealing arrangements as may be authorized by the Minister in relation to a
particular instrument which is of an approved pattern.
(2) The
prescribed stamp shall be placed on all plugs, seals or sealing devices
provided on measuring instruments in pursuance of paragraph (1).
30
No measuring instrument
shall be stamped if it bears any mark which, in the opinion of the inspector,
might reasonably be mistaken for the prescribed stamp, or if it bears any
statement or mark (other than an inspector’s stamp) which purports to be
or, in the opinion of the inspector, might reasonably be mistaken for, an
expression of approval or guarantee of accuracy by any body or person:
Provided that a measuring
instrument may be stamped notwithstanding that it bears –
(a) the
number of the notice of examination issued by the Board of Trade which denotes
that it is of an approved pattern;
(b) a
statement or mark which denotes the date of any modification to the approved
pattern to which the measuring instrument conforms.
Obliteration of Stamps
31
Stamps shall be
obliterated by an inspector, in accordance with the requirements of this Order,
by means of punches or pincers of suitable sizes of a 6-pointed star design as
shown in Article 7 of the Weights and Measures (General
Provisions) (Jersey) Order 1968.
32
(1) An
inspector shall obliterate the stamp on any measuring instrument
which –
(a) fails
to comply with the appropriate requirements of this Order;
(b) fails
upon testing to fall within the limits of error set out in Part 2 of the Schedule:
Provided that where a
measuring instrument does not fully comply with the requirements of this Order,
by the nature or degree of the non-compliance is not, in the inspector’s
judgment, such as to require the immediate obliteration of the stamp, the
inspector shall leave with the trader a notice calling on the trader to have
the instrument corrected within a stated period, not exceeding 28 days, and
shall obliterate the stamp if the correction has not been made within such
period. [4]
(2) An
inspector may obliterate the stamp on any measuring instrument which, since it
was last stamped, has in the inspector’s opinion had its accuracy
affected by reason of any alteration, addition, adjustment or repair.
33
For the purposes of this Order,
the obliteration of any one stamp on a measuring instrument shall be deemed to
be the obliteration of all the other stamps, if any, on that instrument.
Citation
34
This Order may be cited
as the Weights and Measures (Measuring Instruments) (Liquid Fuel and
Lubricants) (Jersey) Order 1968.