S.I. No. 323/2008 - Legal Metrology (General) Regulations 2008

1. Retail Fuel Dispensers.

Regulation 25.

Quantity indicated (V)

Maximum permissible error

Verification

In-service inspection

V < 0.1 litre

+ 2 ml

- 2 ml

+ 4 ml

- 2 ml

0.1 litre ≤ V < 0.2 litre

+ 2%

- 2%

+ 4%

- 2 %

0.2 litre ≤ V < 0.4 litre

+ 4 ml

- 4 ml

+ 8 ml

- 4 ml

0.4 litre ≤ V < 1 litre

+ 1%

- 1%

+ 2%

- 1%

1 litre ≤ V < 2 litre

+ 10 ml

- 10 ml

+ 20 ml

- 10 ml

2 litre or more

+ 0.5%

- 0.5%

+ 1%

- 0.5%

Table 1.1 Maximum permissible error for any measured quantity

Minimum Measured Quantity (MMQ)

Maximum permissible error (E

min

)

Verification

In-service inspection

MMQ < 0.1 litre

+ 4 ml

- 4 ml

+ 8 ml

- 4 ml

0.1 litre ≤ MMQ < 0.2 litre

+ 4%

- 4%

+ 8%

- 4 %

0.2 litre ≤ MMQ < 0.4 litre

+ 8 ml

- 8 ml

+ 16ml

- 8 ml

0.4 litre ≤ MMQ < 1 litre

+ 2%

- 2%

+ 4%

- 2%

1 litre ≤ MMQ < 2 litre

+ 20 ml

- 20 ml

+ 40 ml

- 20 ml

2 litre ≤ MMQ

+ 1%

- 1%

+ 2 %

- 1%

Table 1.2 Maximum permissible errors for minimum measured quantity (MMQ)

Note: — for the above tables 1.1 and 1.2 in relation to measuring systems measuring in mass: litre (l) shall be read as kilogram (kg) and millilitre (ml) shall be read as milligram (mg).

Conditions relating to maximum permissible error

The maximum permissible error is subject to the following conditions:—

a) The maximum permissible error for MMQ (E

min

) shall be according to Table 1.2. The maximum permissible error for any subsequent value up to and including 2MMQ shall be limited to the value of E

min

b) The maximum permissible error for any measured quantity is the greater of the value according to Table 1.1 or that of E

min

for that instrument as set down in Table 1.2.

2. Flowmeter Measuring Systems other than for Retail Fuel

regulation 26

Quantity

Maximum permissible error for Class 0.5

From MMQ to and including 2MMQ

+

1% x MMQ

> 2MMQ

+

0.5% x quantity delivered or collected

Note 1: — MMQ is the minimum measured quantity

Note 2: — For measuring systems measuring in mass, litre (l) shall be read as kilogram (kg) and millilitre (ml) shall be read as milligram (mg).

Table 2.1 Maximum permissible error for any measured quantity

3. Automatic Catchweighers — including automatic checkweigher, automatic weight labeller and automatic weight/price labeller.

regulation 27(a)

Net Load (m) in verification scale intervals (e)

Maximum

permissible

mean error

XI

XII

XIII

XIV

Verification

In-service inspection

0 < m ≤ 50000

0 < m ≤ 5000

0 < m ≤ 500

0 < m ≤ 50

± 0.5 e

± 1.0 e

50000 < m ≤ 200000

5000 < m ≤ 20000

500 < m ≤ 2000

50 < m ≤ 200

± 1.0 e

± 1.5 e

200000 < m

20000 < m ≤ 100 000

2000 < m ≤ 10000

200 < m ≤ 1000

± 1.5 e

± 2.0 e

Table 3.1 Maximum permissible mean error for verification and in-service inspection of Class X instruments

regulation 27(b)

Net Load (m)

Maximum permissible standard deviation for class X(1)

Verification

In-service inspection

m ≤ 50 g

0.48%

0.6%

50 g < m ≤ 100 g

0.24 g

0.3 g

100 g < m ≤ 200 g

0.24%

0.3%

200 g < m ≤ 300 g

0.48 g

0.6 g

300 g < m ≤ 500 g

0.16%

0.2%

500 g < m ≤ 1000 g

0.8 g

1.0 g

1000 g < m ≤ 10000 g

0.08%

0.1%

10000 g < m ≤ 15000 g

8 g

10 g

15000 g < m

0.053%

0.067%

For class XI and XII (x) shall be less than 1For class XIII (x) shall be not greater than 1For class XIV (x) shall be greater than 1

Table 3.2 Maximum permissible value of the standard deviation

The maximum permissible value of the standard deviation of a Class X (x) instrument is the result of the multiplication of the factor (x) by the value in Table 3.2

regulation 27(c)

Net Load (m) in verification scale intervals (e)

Maximum permissible error

Y(I)

Y(II)

Y(a)

Y(b)

Verification

In-service inspection

0 < m ≤ 50000

0 < m ≤ 5000

0 < m ≤ 500

0 < m ≤ 50

± 1.0 e

± 1.5 e

50000 < m ≤ 200000

5000 < m ≤ 20000

500 < m ≤ 2000

50 < m ≤ 200

± 1.5 e

± 2.5 e

200000 < m

20000 < m ≤ 100 000

2000 < m ≤ 10000

200 < m ≤ 1000

± 2.0 e

± 3.5 e

Table 3.3 Maximum permissible error for Category Y instruments on verification and in-service inspection in automatic operation

regulation 27(d)

Net Load (m) in verification scale intervals (e)

Maximum permissible error

XI

Y(I)

XII

Y(II)

XIII

Y(a)

XIV

Y(b)

Verification

In-service inspection

0 < m ≤ 50000

0 < m ≤ 5000

0 < m ≤ 500

0 < m ≤ 50

± 0.5 e

± 1.0 e

50000 < m ≤ 200000

5000 < m ≤ 20000

500 < m ≤ 2000

50 < m ≤ 200

± 1.0 e

± 2.0 e

200000 < m

20000 < m ≤ 100 000

2000 < m ≤ 10000

200 < m ≤ 1000

± 1.5 e

± 3.0 e

Table 3.4 Maximum permissible error for Category X and Category Y instruments in non-automatic operation

4. Automatic Gravimetric Filling Instruments

Verification error

regulation 31

Value of the mass m (in grammes) of the fills

Maximum permissible deviation of each fill from the average for class X(1)

m ≤ 50

7.2 %

50 < m≤ 100

3.6 g

100 < m ≤200

3.6 %

200 < m ≤300

7.2 g

300 < m ≤500

2.4 %

500 < m ≤1000

12 g

1000 < m ≤10000

1.2 %

10000 < m ≤15000

120 g

15000 <

0.8 %

Note

: The calculated deviation of each fill from the average may be adjusted to take account for the effect of material particle size.

Table 4.1 Deviation from average fill

Static weighing error

a) For static loads under rated operating conditions, the MPE for reference accuracy class Ref(x), shall be 0.312 of the maximum permissible deviation of each fill from the average; as set down in Table 4.1; multiplied by the class designation factor (x).

b) For instruments where the fill may be made up from more than one load (e.g. cumulative or selective combination weighers) the MPE for static loads shall be the accuracy required for the fill as set down in 4.2 (i.e. not the sum of the maximum permissible deviation for the individual loads).

Error relative to pre-set value (setting error)

a) For instruments where it is possible to pre-set a fill weight; the maximum difference between the pre-set value and the average mass of the fills shall not exceed 0.312 of the maximum permissible deviation of each fill from the average, as set down in Table 4.1.

In-service inspection error

regulation 31

Value of the mass m (in grammes) of the fills

Maximum permissible deviation of each fill from the average for class X(1)

m ≤ 50

9.0%

50 < m≤ 100

4.5 g

100 < m ≤200

4.5%

200 < m ≤300

9.0 g

300 < m ≤500

3.0%

500 < m ≤1000

15 g

1000 < m ≤10000

1.5%

10000 < m ≤15000

150 g

15000 <>

1.0%

Table 4.2 Maximum permissible deviation

Note 1: — where the reference particle mass exceeds 0.1 of the maximum permissible deviation for in/service inspection, the values derived from Table 4.2. shall be increased by 1.5 times the value of the reference particle mass. However, the maximum value of the maximum permissible deviation shall not exceed (x) x 9%.

Note 2: — Table 4.2 is illustrative of the maximum permissible deviation where the class designation factor is equal to 1.

The automatic gravimetric filling instrument shall have a specified accuracy class X(x) for which the maximum permissible error value of each fill from the average shall be equal to the limits set down in Table 4.2, multiplied by the class designation factor (x). (x) shall be 1 x 10

k

, 2 x 10

k

, 5 x 10

k

, k being a positive or negative whole number or zero.

5. Automatic Discontinuous Totalisers

regulation 34

Accuracy class

Verification

In-service inspection

0.2

± 0.10 %

± 0.20 %

0.5

± 0.25 %

± 0.50 %

1

± 0.50 %

± 1.00 %

2

± 1.00 %

± 2.00 %

Table 5.1 Maximum permissible error for totalised load

6. Automatic Continuous Totalisers (Beltweighers)

regulation 38

Accuracy class

Verification

In-service inspection

0.5

± 0.25 %

± 0.50 %

1

± 0.50 %

± 1.00 %

2

± 1.00 %

± 2.00 %

Table 6.1 Maximum permissible error for totalised load

7. Taximeter Systems

regulation 39

Indication

Verification or In-service inspection

Distance

≤ 4% in deficiency

No error in excess allowed

Time

+/- 1% of the elapsed time

Table 7.1 Maximum permissible error

8. Material Measures of Length

regulation 42

Accuracy Class

a (mm)

b (mm)

c (mm)

I

0.1

0.1

0.1

II

0.3

0.2

0.2

III

0.6

0.4

0.3

D — special class for dipping tapes(1)Up to and including 30 m (2)

1.5

zero

Zero

S — special class for tank strapping tapes For each 30 m length when the tape is supported on a flat surface

1.5

zero

zero

(1) Applies to the tape/dip weight combinations.

(2) If the nominal tape length exceeds 30 m, an additional mpe of 0.75 mm shall be permitted for each 30 m of tape length.

Table 8.1 Maximum permissible error for verification

Conditions

(

a

) The maximum permissible error, positive or negative in mm, between two non-consecutive scale marks is (a + bL), where:—

— L is the value of the length rounded up to the next whole metre; and

— a and b are as set down in Table 8.1.

(

b

) When a terminal interval is bounded by a surface, the maximum permissible error for any distance beginning at this point is increased by the value c set down in Table 8.1.

(

c

) Dip tapes may also be of Classes I or II in which case for any length between two scale marks, one of which is on the sinker and the other on the tape, the mpe is 0.6 mm when application of the formula gives a value of less than 0.6 mm.

(

d

) The maximum permissible error for the length between consecutive scale marks, and the maximum permissible difference between two consecutive intervals, are set down in Table 8.2 below.

(

e

) Where a rule is of the folding type, the jointing shall be such as not to cause any errors, supplementary to the errors above, exceeding 0.3 mm for Class II, and 0.5 mm for Class III.

Length i of the interval

Maximum permissible error or difference in millimetres according to accuracy class

I

II

III

i ≤ 1 mm

0.1

0.2

0.3

1 mm < i ≤ 1 cm

0.2

0.4

0.6

Table 8.2

9. Capacity Serving Measures

regulation 44

Line

Brim

Transfer measures

< 100 ml

± 2 ml

- 0

+ 4 ml

≥ 100 ml

± 3% of Vn

- 0

+ 6% of Vn

Serving measures

< 200 ml

± 5% of Vn

- 0

+ 10% of Vn

≥ 200 ml

± (5 ml + 2.5% of Vn)

- 0

+ 10 ml + 5% of Vn

Where Vn is equal to the nominal capacity

Table 9.1 Maximum permissible error

10. Dimensional Measuring Instruments

Length Measuring Instrument

regulation 46(1)

Accuracy class

Verification

In-service inspection

I

+ 0.125%

± 0.25%

II

+ 0.25%

± 0.5%

III

+ 0.5%

± 1.0%

However, the absolute values of the maximum permissible errors may not be less than the values set down below:—

in class I: 0.005 L

m

,

in class II: 0.01 L

m

,

in class III: 0.02 L

m

,

Where L

m

is the minimum measurable length, that is to say the smallest length specified by the manufacturer for which the instrument is intended to be used.

Table 10.1 Maximum permissible error

Area Measuring Instrument

regulation 46(2)

Verification

In-service inspection

± 1.0%, but not less than 1 dm

2

± 2.0%

Table 10.2 Maximum permissible error

Multi-dimensional measuring instrument

regulation 46(3)

Verification and In-service inspection

± 1.0 d

Where ‘d’ is the difference between two consecutive indicated values of the dimension for each range in each axis.

Table 10.3 Maximum permissible error

11. Intoxicating Liquor Dispensers

regulation 49

Indication

Verification

In-service inspection

Nominal value

- 0

+ 0.5%

± 0.5%

Table 11.1 Maximum permissible error

12. Weights

regulation 60

Column 1

Column 2

Column 3

Nominal Value

Verification (+ only)

In-service inspection (±)

20 kg

3000 mg

3000 mg

10 kg

1600 mg

1600 mg

5 kg

800 mg

800 mg

2 kg

300 mg

300 mg

1 kg

160 mg

160 mg

500 g

80 mg

80 mg

200 g

30 mg

30 mg

100 g

16 mg

16 mg

50 g

10 mg

10 mg

20 g

8 mg

8 mg

10 g

6 mg

6 mg

5 g

5 mg

5 mg

2 g

4 mg

4 mg

1 g

3 mg

3 mg

500 mg

2.5 mg

2.5 mg

200 mg

2 mg

2 mg

100 mg

1.6 mg

1.6 mg

Table 12.1 Maximum permissible error

13. Non-Automatic Weighing Instruments

regulation 64

mpe

For loads m expressed in verification scale intervals e

Class I

Class II

Class III

Class IIII

± 0.5 e

0 ≤m ≤ 50000

0 ≤m ≤ 50 00

0 ≤m ≤ 500

0 ≤m ≤ 50

± 1 e

50000 < m ≤ 200000

5000 < m ≤ 20000

500 < m ≤ 2000

50 < m ≤ 200

± 1.5 e

20000 < m

20000 < m ≤ 100 000

2000 < m ≤ 10000

200 < m ≤ 1000

Table 13.1 Maximum permissible error

SCHEDULE 2

1 Measuring systems for liquids other than water of viscosity less than 20 mPa.s in particular fuel dispensers (not for liquefied gas) and measuring systems on road tankers (not for liquefied gas);

2 Automatic catchweighing instruments including checkweighers, weight price labellers and weight labellers;

3 Automatic gravimetric filling instruments;

4 Discontinuous totalising weighing instruments;

5 Continuous totalising weighing instruments;

6 Taximeter systems;

7 Material measures of length;

8 Capacity serving measures;

9 Dimensional measuring instruments comprising length, area and multi-dimensional measuring instruments;

10 Intoxicating liquor dispensers;

11 Weights;

12 Non-automatic weighing instruments.

GIVEN under my hand,

14 August 2008

PATRICK FARRAGHER,

Director of Legal Metrology

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations replace and update existing Regulations relating to national first verification of measuring instruments intended to be used for the purpose of trade by setting down the requirements and conditions that must be met by these instruments. The Regulations also set down the terms and conditions applicable for the in-service inspection of instruments and the conditions leading to reverification.

Recognition is given in Regulations 4, 5 and 9 to authorised persons, who have been designated by Special Bodies that have been granted authorisation under Section 12 of the Act, enabling them to apply the prescribed verification mark to instruments that fulfil the appropriate requirements. Inspectors retain the right to verify instruments and enforce provisions on in-service control of instruments.

An appeals procedure is laid down in Regulation 69 that allows any person affected by a decision of an inspector or an authorised person to appeal that decision to the Director for his consideration in the first instance.

A measuring instrument that does not conform to the requirements of these Regulations may not be used for the purpose of trade. Offences relating to the breach of these Regulations are contained in the

Metrology Act 1996

.

14. When carrying out any metrological or technical test an inspector shall test any instrument subject to these Regulations by means of such traceable standards and testing equipment in the custody of the Legal Metrology Service as the inspector considers appropriate or, subject to any instructions given by the Director, by means of such other equipment (whether or not in the custody of the Legal Metrology Service) that the inspector considers suitable for the purpose.

15. An inspector shall make and maintain a record in a form specified by the Director of every visit to a premises or place conducted for the purpose of these Regulations and the results of instrument tests and examinations carried out under Regulations 4, 5, 8 and 9.

Instruments — general

16. (1) An instrument shall not be used for the purpose of trade except in the environmental conditions and in the manner for which it was intended, according to the information supplied by the manufacturer or supplier and/or within the limits of its declared performance specification.

(2) Where an instrument bears an inscription that signifies the manner and purpose of use, it shall not be used in a manner or for a purpose which does not accord with that information.

(3) No inscription or article may be placed on an instrument if it be so placed as to obscure or interfere with the placement of any prescribed mark or inscription.

17. In the case of any instrument which is required to be verified and stamped after it has been installed at the place where it is to be used, if, after the instrument has been so stamped, it is dismantled and/or reinstalled, whether in the same or some other location, it shall not be used for the purpose of trade until it has been again verified and stamped in accordance with these Regulations.

18. An instrument shall not be used for the purpose of trade in circumstances in which it may be prevented from operating consistently or accurately, or which are likely prematurely to degrade its metrological characteristics.

19. Any peripheral device, which records hard copy transaction information, including any record, receipt or label for consumers, regarding quantity and/or price to pay based on a measurement value, when legally connected to or part of a legally controlled measuring instrument, shall operate as lawfully required.

Flowmeter measuring systems

20. (1) Any product related test of a measuring system incorporating a flowmeter shall on verification or in-service inspection be tested under practical working conditions with a test liquid which shall be—

(

a

) the liquid that the instrument is intended to measure, or

(

b

) a liquid having properties which replicate in all respects relevant to testing those of the liquid that the instrument is intended to dispense, or

(

c

) water in the case of measuring system used for measuring milk using an appropriate correction factor as necessary.

(2) Unless otherwise provided for by the 2007 Regulations relating to its first putting into service, no flowmeter measuring system shall undergo verification until it is installed ready for use and complete with all its parts.

21. A user shall ensure that upon set–up or installation, or after repair and/or upon adjustment, the calibration of a flowmeter system shall be set as close to zero error as is practicable.

22. Unless otherwise provided for by the 2007 Regulations, the primary indicator on any flowmeter measuring system when in use for the purpose of trade shall—

(

a

) be set to zero before measurement of the liquid commences,

(

b

) remain at zero until liquid starts to emerge from or be sucked through the system for delivery and collection systems respectively,

(

c

) not be reset to zero during measurement of the liquid,

(

d

) not be advanced by any means other than by either the discharge of liquid from the system or the intake of liquid to the system for delivery and collection systems respectively.

23. On or before two years from the coming into force of these Regulations, a road tanker mounted flowmeter measuring system for delivering liquid fuel or collecting milk shall have a ticket printing mechanism associated which provides an individual printed ticket to be made available by the user. Information on the ticket shall include the time, date and quantity for the delivered or collected quantity, and for rigid vehicles the registration of the vehicle or the trailer in the case of articulated vehicles.

24. (1) A road tanker mounted flowmeter measuring system shall not be used for the purpose of trade to measure quantities of liquid delivered from a road tanker that are less than the minimum measured quantity unless 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 paragraph (1) ‘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, or,

(

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 has broken down.

25. The applicable maximum permissible errors on testing for verification or in-service inspection of a retail fuel dispenser shall be as set down in Table 1.1 and Table 1.2 of Schedule 1.

26. The applicable maximum permissible errors on testing for verification or in-service inspection of a flowmeter measuring system other than that used for dispensing retail fuel shall be as set down in Table 2.1 of Schedule 1.

Automatic Catchweighers

27. Upon verification or in-service inspection of an automatic catchweigher—

(

a

) the maximum permissible mean error (systematic) of an accuracy Class XI, XII, XIII or XIV instrument shall fall within the errors for that instrument as set down in Table 3.1 of Schedule 1,

(

b

) the maximum permissible value of the standard deviation of a Class X(x) instrument shall fall within the values for that instrument as set down in Table 3.2 of Schedule 1,

(

c

) the maximum permissible error (dynamic) of an accuracy Class Y(I), Y(II), Y(

a

) or Y(

b

) shall fall within the errors for that instrument as set down in Table 3.3 of Schedule 1,

(

d

) the maximum permissible error of an accuracy Class XI, XII, XIII, XIV, Y(I), Y(II), Y(

a

) or Y(

b

) in non-automatic (static) operation, shall fall within the errors for that instrument as set down in Table 3.4 of Schedule 1.

28. An automatic catchweigher of accuracy Class Y (

b

) shall only be used for weighing refuse or ballast. In this Regulation, ballast shall be construed as any material used in the construction industry as ballast or aggregate including sand, gravel, shingle, or stone chippings.

Automatic Gravimetric Filling Instruments

29. Where in conformance with essential requirement 7.6 of Schedule III of the 2007 Regulations, a gravimetric filling instrument is provided with special equipment for its testing and that equipment is not a permanent fixture of the instrument, such equipment shall be kept, by the user, readily available in the vicinity of the instrument for the use of the inspector or the authorised person.

30. (1) Subject to paragraph (2), a user shall ensure that a gravimetric filling instrument is properly balanced or set to zero immediately prior to use.

(2) Paragraph (1) shall not apply in the case of an instrument that is designed so as not to balance when unloaded.

31. The maximum permissible errors on testing of an automatic gravimetric filling instrument for verification and in-service inspection shall fall within the errors set down in section 4 of Schedule 1 relating to Table 4.1 and Table 4.2 respectively, and where test fills are required these limits shall be determined on the basis of consecutive fills.

Automatic Discontinuous Totalisers

32. (1) Where in conformance with essential requirement 7.6 of Schedule III of the 2007 Regulations, a discontinuous totaliser is provided with special equipment for its testing and that equipment is not a permanent fixture of the instrument, such equipment shall be kept, by the user, readily available in the vicinity of the instrument for the use of the inspector or the authorised person.

(2) An automatic discontinuous totaliser which has either a non-automatic zero-setting device or semi-automatic zero-setting device shall be erected in such a manner that the operator can, notwithstanding the nature of the instrument or its surroundings, readily take up a single position from which the zero and the zero-setting controls can be checked.

33. An automatic discontinuous totaliser shall only be used for the purpose of weighing material the values of which expressed in units of measurement of mass, are neither—

(

a

) less than the value of the minimum totalised load,

(

b

) less than the value of the minimum capacity unless processed as the last discrete load of a trade transaction,

(

c

) more than the value of the maximum capacity.

34. The maximum permissible error on testing of an automatic discontinuous totaliser for verification or in-service inspection shall fall within the errors set down in Table 5.1 of Schedule 1.

Automatic Continuous Totalisers (Beltweighers)

35. (1) Where in conformance with essential requirement 7.6 of Schedule III of the 2007 Regulations, a beltweigher is provided with special equipment for its testing and that equipment is not a permanent fixture of the instrument, such equipment shall be kept by the user readily available in the vicinity of the instrument for the use of the inspector or the authorised person.

(2) Notwithstanding paragraph (1) a suitable control instrument such as a non-automatic weighing instrument shall be provided or made available within the vicinity of the beltweigher by the user to the inspector or the authorised person for the determination of discrete loads as part of the testing of a beltweigher.

36. A beltweigher shall not be used in such a manner as to cause spillage of material from the belt, or loading of the weighing unit above its maximum capacity.

37. A beltweigher shall be erected in such a manner that the operator can readily take up a single position from which it is possible to—

(

a

) read any indication of zero totalisation,

(

b

) operate any zero-setting control,

(

c

) see whether the belt passing over the weighing unit is empty.

38. The maximum permissible errors on testing for verification or in-service inspection of a beltweigher shall fall within those set down in Table 6.1 of Schedule 1.

Taximeter systems

39. (1) An inspector or authorised person may apply the verification mark to a taximeter system where—

(

a

) a taximeter has been installed in a public service vehicle as required by Regulations made under the

Taxi Regulation Act 2003

(No. 25 of 2003),

(

b

) such a taximeter is the subject of a certificate of type approval granted, or taken to be granted as part of a taximeter system, under Regulation 4 (4) of the 2006 Regulations, or

(

c

) the taximeter has been marked with the CE marking and the supplementary metrology marking in accordance with the provisions of the 2007 Regulations.

(2) Upon verification or in-service inspection the maximum permissible errors in relation to distance and elapsed time shall fall within those set down in Table 7.1 of Schedule 1 as appropriate.

(3) A taximeter system shall not be tested under this Regulation unless the taximeter has a software programme installed that has been found by the Legal Metrology Service to comply with the maximum fares order in force under the

Taxi Regulation Act 2003

.

40. The transfer of a taximeter from one vehicle to another is deemed to invalidate the verification mark notwithstanding that any sealing or security arrangement remains unbroken or that the verification mark remains affixed or intact.

41. (1) After a temporary semi-automatic totalisation of the fare and extras the display on a taximeter shall automatically return to the separate indications for fare and extras as were displayed prior to such totalisation either—

(

a

) immediately after 30 seconds should the vehicle remain immobile, or

(

b

) as soon as the wheels of the vehicle start to rotate,

whichever is first to occur.

Material Measures of Length

42. The maximum permissible error on testing for verification of a material measure of length shall fall within those set down in Section 8 of Schedule 1 including applicable conditions.

43. The maximum permissible error on testing for in-service inspection of a material measure of length shall fall within twice those referred to in Regulation 42.

Capacity Serving Measures

44. The maximum permissible error on testing for in-service inspection of a capacity serving measure shall fall within those set down in Table 9.1 of Schedule 1.

45. The capacity on a line measure shall be determined by the level of liquid at the top of the line as read from the bottom of the meniscus.

Dimensional Measuring Instruments

46. (1) The maximum permissible error on testing for verification or in-service inspection of a length measuring instrument shall be as set down in Table 10.1 of Schedule 1 as appropriate.

(2) The maximum permissible error on testing for verification or in-service inspection of an area measuring instrument shall fall within those set down in Table 10.2 of Schedule 1 as appropriate.

(3) The maximum permissible error on testing for verification or in-service inspection of a multi-dimensional measuring instrument shall fall within those set down in Table 10.3 of Schedule 1 as appropriate.

Intoxicating Liquor Dispensers

47. An intoxicating liquor dispenser shall be fitted—

(

a

) with a sight glass or other device which can show clearly that the measuring chamber is charged and discharged, or

(

b

) with a device or devices which prevent(

s

)—

i. any liquid being discharged by a measuring chamber until the chamber is properly charged,

ii. a measuring chamber being again charged until it has been properly discharged.

48. An intoxicating liquor dispenser shall be legibly and durably marked with the name of its manufacturer or supplier and the nominal quantity it is designed to dispense. The nominal quantity shall be denoted using the appropriate legal unit or abbreviation allowed and shall be placed on part of the instrument visible to the consumer when installed for use.

49. Upon verification or in-service inspection an intoxicating liquor dispenser shall dispense the declared nominal quantity within the maximum permissible error as set down in Table 11.1 of Schedule 1 as appropriate.

50. No intoxicating liquor dispenser as referred to in Regulation 47(

a

) shall be verified where the information relating to nominal quantity—

(

a

) is in any way obscured by an overhanging advertising or brand plaque,

(

b

) where a brand name is given on the sight glass.

51. Before testing an intoxicating liquor dispenser it shall be ensured that—

(

a

) liquid has first been passed through the instrument or that the instrument is fully primed,

(

b

) when it is fully primed no leakage is apparent.

52. Upon testing for verification an intoxicating liquor dispenser may be tested with—

(

a

) water, or

(

b

) the liquor it is intended to dispense, or

(

c

) a liquid with the same physical characteristics, as determined by the inspector, as the liquor which the intoxicating liquor dispenser is intended to dispense.

53. Where tested for dispensed quantity on in-service inspection an intoxicating liquor dispenser shall only be tested with the liquor the dispenser is intended to dispense.

54. Nothing in the requirements of Regulations 47 to 52 shall preclude the use of an appropriate sampling scheme for stamping of intoxicating liquor dispensers at the manufacturing or distribution stage under such conditions as are set by the Director.

Weights

55. A weight intended for use for the purpose of trade is exempt from the requirement of type approval.

56. The verification mark shall be applied on the material in the adjustment cavity. Weights that are not required to have and are not provided with an adjustment cavity shall have the mark applied on the under surface.

57. A thin plate or wire weight shall have the verification mark applied to the case in which it is kept.

58. Except as regards the extent that it may contain adjustment material in the adjustment cavity a weight used for the purpose of trade shall comply regarding its material(

s

) of construction, design and identification marks with those for M 2 Class weights from 20 kg to 100 mg in the Recommendation No.111, edition 2004 of the OIML.

59. Nothing in these Regulations shall preclude any weight from being verified and stamped in accordance with these Regulations by reason of the fact that one or more edges are chamfered or rounded.

60. The maximum permissible errors on testing of a weight on verification or in-service inspection shall be as set down in Table 12.1 of Schedule 1.

61. Thin sheet and wire weights shall be adjusted by cutting, abrasion or grinding. A cylindrical weight that does not have an adjustment cavity shall be adjusted by grinding.

62. A weight that has an adjustment cavity shall be adjusted by adding or removing dense, metallic material such as lead shot. If no more material can be removed, it may be adjusted by grinding.

63. Upon verification or in-service inspection an inspector shall test a weight using appropriate standard weights by the substitution method on test equipment which can provide an expanded measurement of uncertainty for the method that does not exceed one-third of the relevant amount set down in Column 2 of Table 12.1 of Schedule 1 for the weight under test.

Non-automatic Weighing Instruments

64. The maximum permissible errors applicable for verification of non-automatic weighing instruments are set down in Table 13.1 of Schedule 1.

65. The maximum permissible errors applicable for in-service inspection of non-automatic weighing instruments are twice the values set down in Table 13.1 of Schedule 1.

Final provisions

66. (1) Where it is impractical to stamp an instrument because of its design or construction its container or accompanying papers shall be marked to record its legal status.

(2) Any prescribed mark(

s

) or marking(

s

) shall remain un-defaced otherwise than by reason of normal wear and tear.

67. Where in the circumstances of any case or cases, it appears to the Director to be inadvisable to comply literally with any requirement of these Regulations, the Director may, if he thinks fit, dispense with the observation of, or vary such requirement upon such conditions, if any, as he may impose.

68. The operational procedures required to be carried out to establish compliance with the provisions of these Regulations shall be identified by the Director. Where such procedures require metrological or technical tests, in so far as possible, such tests and test procedures shall be based on—

(

a

) documents cited by the European Commission in support of Directive 90/384/EEC or Directive 22/2004/EC or, where no such document is available,

(

b

) Recommendations published by OIML or, where there are no such Recommendations,

(

c

) best practice.

69. (1) An inspector who is considering the performance of any operation for a purpose referred to in Regulation 4, 5, 6, 8 or 9, in connection with a particular instrument or otherwise, or has performed such operation in connection with a particular instrument, may refer any question as to the application of these Regulations or any relevant metrological question to the Director for interpretation or guidance, and the Director may, where he considers it necessary or desirable to do so, issue an interpretation or guidance to that inspector, or to such inspectors and other persons as he considers appropriate.

(2) Nothing in paragraph (1) shall require the Director to issue any interpretation or guidance where he does not consider it necessary or desirable to do so.

(3) Any person aggrieved by the performance of any operation for a purpose referred to in Regulation 4, 5, 6, 8 or 9 in connection with a particular instrument by an inspector or, where relevant, by a special body, may, within seven days of such performance, appeal to the Director in writing against such performance. The appeal shall set out specifically any manner in which it is claimed that the inspector or special body misapplied any provision of these Regulations or any other provision or misperformed or misinterpreted any testing operation. The Director shall not decide the appeal until he has—

(

a

) received a report on the matter from the inspector or special body concerned, and

(

b

) afforded the person aggrieved and the inspector or special body an opportunity to make submissions to him, and

(

c

) where he considers it necessary or desirable, received the result of any other test or examination of the instrument performed on his behalf by any other person for that purpose.

(4) In deciding the appeal, the Director may—

(

a

) reject the appeal and confirm the performance of any operation by the inspector or special body concerned, or

(

b

) allow the appeal and direct the inspector or special body concerned to perform the operation concerned in some other manner specified in that direction.

(5) A decision by the Director on an appeal under this paragraph shall be final and binding and no further appeal shall lie under these Regulations.

70. When carrying out any duty or provision under these Regulations the following obligations apply—

(

a

) An inspector shall not wilfully disclose or cause to be disclosed directly or indirectly the secrets of the business of any manufacturer, supplier, or user, knowledge of which secrets the inspector has come into possession in the course of performance of his duties, nor shall he or her otherwise betray the confidence of his office except as regards reporting such information as part of his duties as an inspector.

(

b

) An inspector shall not seek or accept any gratuity or reward from any manufacturer, supplier or user of any measuring instrument.

(

c

) An inspector shall not recommend either directly or indirectly any particular manufacturer, supplier or repairer with respect to the purchase, provision, repair, or adjustment of any instrument.

71. An inspector shall not delegate to any other person any of his duties in such a manner as to enable it to be held out or make it appear that the assistant acts independently as an inspector.

Revocations

72. Except where and to the extent otherwise provided for in paragraphs (3) and (4) of Regulation 3, the Weights and Measures (General) Regulations 1928 (Statutory Rules and Orders 1928 No. 71) are revoked.

73. The Weights and Measures (Taximeter

Section 136

of the

Road Traffic Act 1933

) Regulations 1938 (

S.I. No. 286 of 1938

) are revoked.

SCHEDULE 1

Part 1

3

Preliminary

3

Citation

3

Interpretation

3

Application of Regulations

5

Part 2

5

Instruments intended for trade use — first verification

5

Control In-Service

6

Equipment and records

9

Instruments — general

10

Flowmeter measuring systems

10

Automatic Catchweighers

12

Automatic Gravimetric Filling Instruments

12

Automatic Discontinuous Totalisers

13

Automatic Continuous Totalisers (Beltweighers)

14

Taximeter systems

13

Material Measures of Length

15

Capacity Serving Measures

15

Dimensional Measuring Instruments

15

Intoxicating Liquor Dispensers

15

Weights

16

Non-automatic Weighing Instruments

17

Final provisions

17

Revocations

19

Schedule 1

20

1 Retail Fuel Dispensers

21

2 Flowmeter Measuring Systems other than for Retail Fuel

21

3 Automatic Catchweighers—including automatic checkweigher, automatic weight labeller and automatic weight/price labeller

21

4 Automatic Gravimetric Filling Instruments

23

5 Automatic Discontinuous Totalisers

24

6 Automatic Continuous Totalisers (Beltweighers)

25

7 Taximeter Systems

25

8 Material Measures of Length

25

9 Capacity Serving Measures

26

10 Dimensional Measuring Instruments

27

11 Intoxicating Liquor Dispensers

28

12 Weights

28

13 Non-Automatic Weighing Instruments

29

Schedule 2

30

S.I. No. 323 of 2008

LEGAL METROLOGY (GENERAL) REGULATIONS 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

19

th August

, 2008.

I, PATRICK FARRAGHER, Director of Legal Metrology, in exercise of the powers conferred on me by

Sections 6

,

14

,

15

,

16

and

17

of the

Metrology Act 1996

, hereby make the following Regulations:—

Part 1

Preliminary

Citation