Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This rule is amended to delete redundant
language found in the NIST Handbook 44.
(1) Measuring Devices.
(A) All tank truck and tank wagon measuring
devices shall be made available, upon reasonable request, to the director or
his/her delegated representative, for testing and inspection.
(B) Each tank truck and tank wagon measuring
device used in the retail or wholesale dispensing of products regulated by
Chapter 414, RSMo shall meet the requirements contained in the current edition
of NIST Handbook 44. When these devices are found to be
inaccurate or not meeting current NIST Handbook 44
requirements, the device shall be ordered corrected, removed or discontinued
from use.
(C) No means shall be provided by which any measured
liquid can be diverted from the measuring chamber of the meter or its discharge
line.
(D) The director of the Department of Agriculture or
his/her delegated representative at least once each year shall test and inspect
the measuring devices on tank trucks and tank wagons used in the retail or
wholesale dispensing of products regulated by Chapter 414, RSMo.
(E)
No meter which has been condemned shall be used for commercial purposes. All
condemned meters shall be conspicuously marked INACCURATE: USE
PROHIBITED.
(F) Each measuring device shall be sealed with an
official state security seal to be applied by the director of the Department of
Agriculture or his/her delegated representative.
(G) No person, except
the director or his/her delegated representative, shall duplicate the state
seal of Missouri to be used for sealing or applying seals to any measuring
device dispensing products regulated by Chapter 414, RSMo.
(H)
No person shall break or tamper with any official state security seal without
the consent of the director of the Department of Agriculture or his/her
delegated representative except for the repair or replacement of this device,
at which time notification is to be given to the director within five (5)
days.
(I) No person shall hinder or obstruct the director or
his/her delegated representative in the reasonable performance of his/her
duties.
(J) If the design, construction, or location of any
device is such as to require a testing procedure involving special equipment or
accessories, or an abnormal amount of labor, the equipment, accessories, and
labor shall be supplied by the owner or operator of the device as required by
the weights, measures and consumer protection official.
(2) Safety. Failure by any owner or operator
of a tank wagon to remedy any deficit or condition which is or may constitute a
hazard to the person of any official inspector of metering devices shall
constitute a refusal to inspect those metering devices and that device shall be
subject to an order for discontinuance of use.
(3) Each tank truck or tank wagon shall
utilize a separate measuring device (meter) for each class of petroleum
products dispensed. This requirement includes any vehicle which was not
manufactured for use as a tank delivery vehicle, but has been retrofitted with
a tank to be utilized to deliver products regulated by Chapter 414, RSMo to a
customer or by a customer.
(4) Each
meter utilized for the dispensing of products regulated by Chapter 414, RSMo
shall be labeled or marked in a conspicuous location indicating those products
it is utilized for (i.e., gasoline, diesel fuel, heating oil, kerosene,
etc.)
(5) Tank filling shall not
begin until the delivery truck driver or operator has determined the tank
outage and calculated the volume that can be safely delivered into the
tank.
(6) The driver, operator or
attendant of any tank vehicle shall not remain in the vehicle during the
delivery of petroleum products but shall remain at or near the loading or
unloading point and not leave the vehicle unattended during the loading or
unloading process.
(7) Section
2-4.9.4 contained in the 1996 edition of the NFPA Manual No. 30A shall not
apply.
*Original authority: 414.142, RSMo 1987, amended 1993,
1995.
