Jersey R&O 57/2001
Petroleum (Jersey)
Law 1984
____________
PETROLEUM-SPIRIT
(CARRIAGE BY ROAD) (JERSEY) REGULATIONS 2001
____________
ARRANGEMENT
OF REGULATIONS
____________
PART 1
INTERPRETATION
1. Definitions.
2. Definitions of “owner” and
“operator”.
PART II
APPLICATION
3. Regulations
to apply to carriage of petroleum-spirit.
PART III
CARRIAGE
IN ROAD TANKERS
4. Suitability of road tankers.
5. Examination, testing and certification
of road tankers.
6. General requirements for carriage.
7. Marking of containers, tanks and
vehicles.
PART IV
LOADING
AND UNLOADING
8. Loading, stowage, unloading and cleaning of containers,
tanks and vehicles.
9. Unloading of petroleum-spirit at petroleum filling
stations and certain other premises licensed for the keeping of
petroleum-spirit.
PART VI
EMERGENCIES
AND PARKING
10. Equipment.
11. Accidents and emergencies.
12. Precautions against fire or
explosion.
13. Supervision and parking of vehicles.
PART VII
MISCELLANEOUS
AND GENERAL
14. Exemption certificates.
15. Defence.
16. Citation and commencement.
SCHEDULES
Schedule
1 Disapplications to these
Regulations.
Schedule 2 Special requirements relating to the tanks
of road tankers constructed before 1st January 1999.
Schedule
3 Fees for approvals and surveillance
inspections.
Schedule 4 Information to be displayed on containers,
tanks and vehicles carrying petroleum-spirit.
Schedule 5 Unloading of petroleum-spirit at petroleum
filling stations and certain other premises licensed for the keeping of
petroleum-spirit.
Petroleum (Jersey)
Law 1984
____________
PETROLEUM-SPIRIT
(CARRIAGE BY ROAD) (JERSEY) REGULATIONS 2001
____________
(Promulgated on the 28th day of March 2001)
____________
STATES OF JERSEY
____________
The
27th day of March 2001
____________
THE STATES, in
pursuance of Article 7 of the Petroleum (Jersey)
Law 1984
have made the following Regulations -
PART 1
INTERPRETATION
Definitions
1.-(1) In these Regulations, unless the context
otherwise requires -
“ADR” means the European Agreement concerning the
International Carriage of Dangerous Goods by Road signed at Geneva on 30th September, 1957, as revised or
re-issued from time to time;
“Approved Carriage List” means the list approved and
published from time to time by the Health and Safety Commission of the United Kingdom
under Regulation 5(1)(a) of the Carriage of Dangerous Goods by Road
Regulations, 1996 of the United
Kingdom;
“Approved Tank Requirements” means the list approved
and published from time to time by the Health and Safety Commission of the United Kingdom
under Regulation 5(1)(c) of the Carriage of Dangerous Goods by Road
Regulations, 1996 of the United
Kingdom;
“approved person” means a person approved by a
competent authority for the purpose of carrying out such functions in
connection with the examination, testing and certification of tanks as shall be
specified by the competent authority in the approval;
“carriage” has the meaning assigned to it by
Regulation 3(1);
“carrying tank” means the tank or, if there is more
than one, tanks on a road tanker designed for the carriage of goods and does
not include a fuel tank;
“Committee” means the Home Affairs Committee or such
other committee of the States as shall have responsibility transferred to it
for the issue of licences under Article 3 of the Petroleum (Jersey) Law 1984;
“competent authority” means a person or organisation
in any country which is for the time being a competent authority for the
purposes of -
(a) approving persons to examine, test and certify tanks;
(b) examining, testing and certifying tanks; and
(c) recognising standards for fire extinguishers,
and for the Island
the competent authority means the Chief Fire Officer;
“container” means a vessel with an internal volume of
not less than one cubic metre which is -
(a) of a
permanent character and strong enough for repeated use;
(b) designed
to facilitate the carriage of liquids, by one or more modes of carriage,
without intermediate reloading;
(c) designed
to be readily handled; and
(d) designed
to be easy to fill and empty,
but does not include any packaging, a tank, or a
vehicle.
“danger sign” means the sign that is referred to in
paragraph 17, and depicted in figure 4, of Schedule 4;
“emergency action code” means the code required to be
displayed on tanks and vehicles which are being used for the carriage of
petroleum-spirit, ascertained in accordance with the Approved Carriage List;
“emergency information” means details of measures to
be taken by the driver of a vehicle carrying petroleum-spirit in the event of
an accident or emergency and other safety information concerning
petroleum-spirit, and shall include -
(a) the
nature of the danger inherent in petroleum spirit and the safety measures to be
taken to avert any such danger;
(b) the
measures to be taken in the event of fire and in particular the fire-fighting
appliances or equipment which must not be used;
(c) the
measures to be taken in the event of breakage of, or damage to, a container
containing petroleum spirit, particularly where such breakage or damage results
in a spillage of petroleum-spirit on to the road; and
(d) the
measures to be taken to avoid or
minimise damage to the aquatic environment in the event of spillage of
petroleum-spirit;
“fuel tank” means a tank which forms part of a
vehicle and is designed for carrying fuel for use only in the propulsion of
that vehicle;
“hazard warning panel” means the panel referred to in
paragraph 18, and depicted in figure 3, of Schedule 4;
“the Law” means the Petroleum (Jersey)
Law 1984;
“maximum gross weight”
means -
(a) in the
case of a vehicle equipped with a plate in accordance with Article 77 of
the Motor Vehicles (Construction and Use) (Jersey)
Order 1998,
the maximum gross weight shown on the plate; or
(b) in any
other case, the weight which the vehicle is designed or adapted not to exceed
when the vehicle is travelling on a road;
“orange-coloured panel” means a reflectorised panel
having the same colour and luminance properties as those specified in relation
to orange-coloured plates in marginal 10 500(1) of ADR;
“petroleum filling station” means any premises or
place used or intended to be used by way of trade or for purposes of gain for
fuelling motor vehicles with petroleum-spirit, and includes any building,
advertisement, pump or other apparatus in, or used in connection with, any such
premises or place;
“petroleum-spirit licence” means a licence granted
under Article 3 of the Law;
“road” means any public road, any other road to which
the public has access, any road administered by the Housing Committee, any of
the roads on the Rue des Prés Trading Estate, any bridge over which a road
passes, and any sea beach;
“road tanker” means a motor vehicle or trailer
constructed or adapted for the carriage of goods which has a carrying tank
which is -
(a) attached
to the frame of the vehicle, whether structurally or otherwise, and, except
when empty, is not intended to be removed from the vehicle;
(b) an
integral part of the vehicle; or
(c) a
demountable tank;
“storage tank’ means a tank used or intended to be
used solely for the storage of petroleum-spirit;
“tank” means a tank which is -
(a) used for
the carriage of petroleum-spirit; and
(b) so
constructed that it can be securely closed (except for the purpose of relieving
excess pressure) during the course of carriage;
“UN number” means United Nations Serial Number, which
shall be one of the four-digit numbers devised by the United Nations and
specified in the Approved Carriage List as a means of identification for
petroleum-spirit;
“vehicle” means any conveyance used for the carriage
of goods by road;
“vehicle owned by the armed forces” means a vehicle
owned by -
(a) Her
Majesty’s Forces; or
(b) a
visiting force present at the invitation of the States or of a Committee of the
States,
and includes a vehicle which has been provided to the
armed forces under any kind of agreement or arrangement under which payments
are, or are to be, made for the provision of the vehicle, including a
conditional sale agreement, a credit sale agreement, a hire purchase agreement
and a contract for sale; and
“vehicle under the control of the armed forces”
means -
(a) a
vehicle, on or in which there is, as a member of its crew, a member of the
armed forces acting in the course of his duties; or
(b) a
vehicle in a convoy escorted by a vehicle of the type referred to in
sub-paragraph (a),
and in this definition “member of the armed forces”
means -
(i) a
member of Her Majesty’s Forces;
(ii) a
member of a visiting force of a country other than the United Kingdom present
at the invitation of the States or of a Committee of the States; or
(iii) a
civilian who is an employee of Her Majesty’s forces, or of a visiting force
referred to in clause (ii).
(2) For the purposes of these Regulations an articulated vehicle
shall be deemed to be one vehicle.
(3) A carrying tank, a compartment of a tank, or a can, drum or
other container shall, for the purposes of these Regulations, be deemed not to
exceed any specified capacity if it exceeds that capacity by reason only that
it is constructed to contain the amount of petroleum-spirit which would fill a
container of the said capacity with a reasonable margin to allow for the
expansion of the petroleum-spirit in the event of a rise in temperature.
(4) For the purposes of any requirement of these Regulations -
(a) in relation
to the quantity of petroleum-spirit carried by a vehicle, the quantity of
petroleum-spirit carried in the fuel tank of that vehicle shall be disregarded;
and
(b) in
relation to the capacity of a road tanker the capacity of the fuel tank of that
wagon shall be disregarded.
(5) A reference in these Regulations to a Part, Regulation or
Schedule by number only and without further identification is a reference to
the Part, Regulation or Schedule of that number in these Regulations;
(6) A reference in a Regulation or other division of these
Regulations to a paragraph, sub-paragraph, clause or sub-clause by number or
letter only and without further identification is a reference to the paragraph,
sub-paragraph, clause or sub-clause of that number or letter in the Regulation
or other division of these Regulations.
(7) Unless the context otherwise requires, a reference in these
Regulations to an enactment, or to an Act or subordinate legislation of the
United Kingdom, is a reference to that enactment, Act or subordinate
legislation as amended from time to time and includes a reference to that
enactment, Act or subordinate legislation as extended or applied under another
enactment, including another provision of these Regulations.
Definitions of “owner” and “operator”
2.-(1) For the purposes of these Regulations -
(a) subject
to paragraph (2), the operator of a container or vehicle shall be -
(i) the person who, having a place of business
in the Island, has the management of the
container or vehicle for the time being, or
(ii) if no person satisfies the requirements of
clause (i), the driver of the vehicle on which the container is carried;
and
(b) the
operator of a tank, other than the carrying tank of a road tanker, shall
be -
(i) the person who, having a place of business
in the Island, owns the tank,
(ii) if no person satisfies the requirements of
clause (i), the person who, having a place of business in the Island, acts as agent for the owner of the tank,
(iii) if no person satisfies the requirements of
clauses (i) or (ii), the person who, having a place of business in the Island,
has the management of the tank for the time being, or
(iv) if no person satisfies the requirements of
clauses (i), (ii) or (iii), the driver of the vehicle on which the tank is
carried.
(2) Notwithstanding paragraph (1)(a), a person shall not be
regarded as the operator of a container or vehicle solely because -
(a) he has
the management of it during loading or unloading; or
(b) the
container or vehicle is on premises which are under his control.
(3) For the purposes of these Regulations, a person to whom a tank,
other than the carrying tank of a road tanker, is leased or hired shall be
deemed to be the owner of the tank, unless the lessor or the hirer has made an
agreement in writing with the person to whom he has leased or hired the tank to
the effect that the lessor or hirer shall assume the responsibilities of the
owner imposed by or under these Regulations.
PART
II
APPLICATION
Regulations
to apply to carriage of petroleum-spirit
3.-(1) Subject to
Schedule 1 and subject also as provided in this Regulation, these
Regulations shall apply to the carriage of petroleum-spirit by road, and in
these Regulations the expression “carriage” means such carriage.
(2) Except in the case of a road tanker, the carriage of
petroleum-spirit in the fuel tank of a vehicle for use only in the propulsion
of that vehicle shall be deemed not to be carriage in relation to which these
Regulations apply.
(3) Except in the case of a road tanker, these Regulations shall not
apply in relation to carriage if -
(a) the
quantity of petroleum-spirit carried does not exceed one hundred litres and the
petroleum-spirit is contained only in securely closed receptacles each with a
maximum capacity of twenty-five litres; or
(b) the
quantity of petroleum-spirit carried does not exceed fifty litres and is
contained in separate plastic receptacles each with a maximum capacity of five
litres and suitably protected to prevent damage.
PART III
CARRIAGE
IN ROAD TANKERS
Suitability of road tankers
4. The operator of a
container, tank or vehicle which is being used for the carriage of
petroleum-spirit shall ensure that the container, tank or vehicle
concerned -
(a) is suitable for such carriage, having regard to -
(i) the nature and circumstances of the
journey being undertaken, and
(ii) the hazardous properties and quantities of
the petroleum-spirit being carried and of any other goods being carried at the
same time; and
(b) has been adequately maintained.
Examination,
testing and certification of road tankers
5.-(1)(a) The provisions of Schedule 2 shall apply
to and in relation to the carrying tanks of road tankers constructed before 1st
January 1999; and
(b) paragraphs
(2) to (14) shall apply to and in relation to tanks constructed after 31st
December 1998.
(2) No person shall construct, import or supply a tank intended for
the use of the carriage of petroleum-spirit unless it is of a design in respect
of which a certificate has been signed, dated and issued by the competent
authority or an approved person, stating that the tank -
(a) conforms with such -
(i) construction requirements,
(ii) equipment requirements, and
(iii) conditions peculiar to petroleum-spirit,
as have been approved and published in the
Approved Tank Requirements; and
(b) is suitable for the purpose for which it is intended.
(3) No operator shall cause or permit to be carried any
petroleum-spirit in a tank unless a certificate has been signed, dated and
issued by the competent authority or an approved person, stating that the
tank -
(a) has been
examined and tested by the competent authority or approved person in accordance
with such requirements as have been approved and published in the Approved Tank
Requirements;
(b) conforms to an approved design; and
(c) is suitable for the purpose for which it is intended.
(4) Following the examination and test referred to in
paragraph (3), the operator of the tank which is being used for the
carriage of petroleum-spirit shall ensure that a certificate has been signed,
dated and issued by the competent authority or an approved person, at the
intervals specified in the Approved Tank Requirements, stating that the tank -
(a) has been
examined and tested by the competent authority or approved person in accordance
with such requirements as have been approved and published in the Approved Tank
Requirements; and
(b) remains suitable for the purpose for which it is being used.
(5) Without prejudice to the generality of paragraphs (3) and (4),
the operator of a tank which has been damaged, modified or repaired in such a
way as might impair its safety since the most recent certificate was signed in
accordance with paragraphs (3) or (4), shall ensure that petroleum-spirit
is not carried in the tank until a further certificate has been signed, dated
and issued by the competent authority or an approved person stating that the
tank -
(a) has been
examined and tested by the competent authority or approved person in accordance
with such requirements as have been approved and published in the Approved Tank
Requirements; and
(b) remains
suitable for the purpose for which it was being used.
(6) It shall be sufficient compliance with paragraphs (3), (4) and
(5) if the information required to be stated in the certificate is entered in a
computer under the control of the operator by the competent authority or
approved person who carried out the examination and test, or by another person
acing on the instructions of the competent authority or approved person,
provided that the information -
(a) is secure from unauthorized interference;
(b) can be
authenticated only by the competent authority or approved person who carried
out the examination and test; and
(c) is
capable of being produced in the form of a certificate at the appropriate place
referred to in paragraph (7).
(7) The certificates referred to in paragraphs (3), (4) and (5)
shall be kept by the operator -
(a) at his principal place of business within the Island;
or
(b) (i) in the case of a
tank other than the tank of a road tanker, at the address within the Island from which the deployment of the tank is
controlled, or
(ii) in the case of a road tanker, at the
premises from which the road tanker is operated.
(8) It shall be sufficient compliance with paragraph (7) in
circumstances where the operator is not the owner of the tank, if either -
(a) an authenticated copy of the relevant certificate is kept -
(i) at the operator’s principal place of
business within the Island, or
(ii) in the case where the operator does not
have a place of business in the Island, on the
vehicle; or
(b) the
certificate is readily available from the owner of the tank.
(9) Where the operator of a tank changes, the previous operator, in
so far as he was required to keep the certificate referred to in paragraphs
(3), (4) and (5) at an address in the Island in accordance with paragraph (7),
shall give the certificates to the new operator.
(10) Where the information required for any of the certificates
referred to in paragraphs (3), (4) and (5) is entered in a computer in
accordance with paragraph (6), it shall be sufficient compliance with
paragraph (7) if the computer is kept at the appropriate place in
accordance with paragraph (7); and without prejudice to the generality of
paragraph (9), if the operator of the tank concerned changes in these
circumstances, the previous operator shall provide the new operator with the
information in writing.
(11) An approved person who examines, tests and certifies a tank under
paragraphs (3), (4) or (5) shall do so properly and in accordance with such
criteria as have been approved and published in the Approved Tank Requirements.
(12) Following the approval of a person as an approved person, the
competent authority for the Island or a person acting on his behalf shall carry
out, upon reasonable notice, a surveillance inspection of the approved person
at such intervals as the competent authority for the Island considers
appropriate and for that purpose the approved person shall afford, at his own
cost, any facilities and assistance and make available any information which
may reasonably be required by or on behalf of the competent authority for the
Island.
(13) Schedule 3 shall have effect with respect to fees for
approvals and surveillance inspections under this Regulation.
(14) Notwithstanding paragraphs (4) and (5), an operator may transport
by road empty, uncleaned tanks in respect of which the relevant certificate has
expired for the sole purpose of undergoing the tests with a view to renewing
the certificate.
General requirements for carriage
6.-(1) No driver of a vehicle which is being used for
the carriage of petroleum-spirit shall cause or permit to be carried in the
vehicle any person, other than a member of the vehicle crew, for the sole
purpose of transporting the person.
(2) No person shall bring portable lighting apparatus on to a
vehicle which is being used for the carriage of petroleum-spirit if such
apparatus is capable of producing a flame or has a metallic surface liable to
produce sparks.
Marking
of containers, tanks and vehicles
7.-(1) The operator of a
container, tank or vehicle which is being used for the carriage of
petroleum-spirit shall ensure that information is displayed on the container,
tank or vehicle in accordance with Schedule 4.
(2) No person shall cause or permit any of the information referred
to in Schedule 4 to be displayed on a container, tank or vehicle which is
not being used for the carriage of petroleum-spirit.
(3) Subject to paragraph (6), no person shall cause or permit
any information to be displayed on any container, tank or vehicle which would
be likely to confuse the emergency services when read in conjunction with any
information displayed in accordance with Schedule 4.
(4) The operator of any container, tank or vehicle and the driver of
a vehicle which is being used for the carriage of petroleum-spirit shall ensure
that any danger sign, hazard warning panel or orange-coloured panel displayed
in accordance with Schedule 4 is kept clean and free from obstruction.
(5) The operator of a container tank or vehicle, and the driver of a
vehicle, which is being used for the carriage of petroleum-spirit shall ensure
that any danger sign, hazard warning panel or orange-coloured panel which does
not relate to petroleum-spirit -
(a) is covered or removed; and
(b) in the
case where an orange-coloured panel is covered, any material used to cover it
will remain effective after 15 minutes’ engulfment in fire.
(6) No person shall -
(a) remove a
danger sign, hazard warning panel, orange-coloured panel or subsidiary hazard
sign displayed in accordance with Schedule 4 from a container, tank or
vehicle which is being used for the carriage of petroleum-spirit, except for
the purpose of updating the information on it; or
(b) falsify any of the information on such a panel or sign.
PART IV
LOADING
AND UNLOADING
Loading, stowage, unloading and cleaning of
containers, tanks and vehicles
8.-(1) The operator and any other person engaged in the
carriage of petroleum-spirit shall take such steps as it is reasonable for them
respectively to take to ensure that nothing in the manner in which petroleum-spirit
is loaded, stowed or unloaded from any container, tank or vehicle is liable to
create a significant risk or significantly increase any existing risk to the
health or safety of any person arising out of the presence of the
petroleum-spirit.
(2) Without prejudice to the generality of paragraph (1), the
operator of any container, tank or vehicle and the driver of any vehicle which
is being used for the carriage of petroleum-spirit shall ensure that the
provisions contained in paragraphs (3)
to (8) are complied with.
(3) No person shall smoke either in the vicinity of or inside
vehicles which are being used for the carriage of petroleum-spirit, during
loading and unloading operations.
(4) Where petroleum-spirit is carried in a tank -
(a) a good
electrical connection from the vehicle chassis to earth shall be established
before the tank is filled or emptied; and
(b) the rate
of filling of the tank shall be limited so as to prevent an electrostatic
discharge of such energy as is likely to cause ignition of any flammable vapour
present.
(5) Except where the engine has to be used to drive the pumps or
other appliances for loading or unloading the vehicle, the vehicle’s engine
shall be shut off during loading and unloading operations.
(6) No tank or compartment thereof shall be overfilled with
petroleum-spirit and for the purposes of this paragraph “overfilled” means
filled beyond a safe level.
(7) Subject to paragraph (8), the driver of any vehicle which
is being used for the carriage. of petroleum-spirit in a tank shall ensure, so
far as is practicable, that -
(a) all openings in the tank; and
(b) where
any discharge or filling opening in the tank is fitted with one or more valves
or is fitted with a cap, all such valves and that cap,
are
securely closed prior to the commencement of and throughout the journey.
(8) Nothing in paragraph (7) shall be taken as permitting the
proper functioning of any safety device to be compromised.
(9) Where petroleum-spirit has escaped from a receptacle into a
container or vehicle in which it is being carried the container or vehicle
shall be cleared of all petroleum-spirit and petroleum vapour as soon as
possible and in any case before re-loading.
(10) A container or vehicle which has been used for the carriage of
petroleum-spirit in bulk shall be cleared of all petroleum-spirit and petroleum
vapour before re-loading unless the new load consists of petroleum-spirit.
Unloading of petroleum-spirit at petroleum filling
stations and certain other premises licensed for the keeping of
petroleum-spirit
9. The provisions of
Schedule 5 shall have effect for regulating the unloading of
petroleum-spirit from the tank of a road tanker at -
(a) any petroleum filling station; and
(b) any
other premises for which a petroleum-spirit licence authorizing the keeping of
petrol is in force, except where those premises are licensed for keeping more
than 100,000 litres of petroleum-spirit in storage tanks,
and
the enforcing authority for these Regulations in respect of such unloading as
is specified in sub-paragraphs (a) and (b) shall be the Committee, even if the
relevant tanker is on a road at the time of unloading.
PART
VI
EMERGENCIES AND PARKING
Equipment
10. The
operator of a vehicle which is being used for the carriage of petroleum-spirit
shall ensure that it is equipped so that the driver can take the measures
detailed in the emergency information which he would be required to take in
order to comply with Regulation 11(1).
Accidents and emergencies
11.-(1) In the event of an accident or emergency
involving the carriage of petroleum-spirit, the driver of the vehicle shall
take all reasonable steps to ensure that any instructions contained within the
emergency information relating to petroleum-spirit concerning the measures to
be taken by him are complied with.
(2) In the event of an emergency involving a vehicle which is being
used for the carriage of petroleum-spirit which cannot be brought under
immediate control, the driver of the vehicle shall take all reasonable steps to
ensure that the appropriate emergency services are notified by the quickest
practical means.
Precautions
against fire or explosion
12.-(1) No person shall
cause or permit anything to be done which is liable to create a significant
risk or significantly increase any existing risk of a fire or an explosion
whilst petroleum-spirit is being carried in a container, tank or vehicle.
(2) Subject to paragraphs (3) and (6), the operator of a vehicle
which is being used for the carriage of petroleum-spirit shall ensure that it
is equipped with -
(a) at least
one portable fire extinguisher with a minimum capacity of 2 kg of dry
powder, or other suitable extinguishant with an equivalent test fire rating of
at least 5A and 34B as defined in British Standard BSEN 3-1:1996, suitable for
fighting a fire in the engine or cab of the vehicle, and such that, if it is
used to fight a fire involving the load, it does not aggravate the fire and, if
possible, controls it; and
(b) at least
one portable fire extinguisher with a minimum capacity of 6 kg of dry powder,
or other suitable extinguishant with an equivalent test fire rating of at least
21A and 183B as defined in British Standard BSEN 3-1:1996, suitable for
fighting a tyre or brake fire or a fire involving the load, and such that, if
it is used to fight a fire in the engine or cab of the vehicle, it does not
aggravate the fire.
(3)(a) The fire
extinguisher referred to in paragraph (2)(a) need not be suitable for
fighting a fire in the engine if the vehicle is equipped with a fixed fire
extinguisher, suitable for fighting a fire in the engine, which either works
automatically or is easily brought into action;
(b) where
the vehicle is a motor vehicle with a maximum gross weight of less than
3.5 tonnes, the fire extinguisher referred to in paragraph (2)(b) may
be replaced by a fire extinguisher with a minimum capacity of 2 kg of dry
powder, or other suitable extinguishant with an equivalent test fire rating of
at least 5A and 34B as defined in British Standard BSEN 3-1:1996.
(4) The operator of a vehicle which is being used for the carriage
of petroleum-spirit shall ensure that any portable fire extinguisher provided
in accordance with this Regulation -
(a) bears a
mark of compliance with a standard recognised by a competent authority for that
type of extinguisher;
(b) is fitted with a seal verifying that it has not been used; and
(c) where it
was manufactured on a date four months after the commencement of these Regulations,
bears an inscription indicating the date when it should next be inspected.
(5) The operator of the vehicle referred to in paragraph (4)
shall ensure, prior to carriage, that the date inscribed on any portable fire
extinguisher in accordance with sub-paragraph (c) of that paragraph has
not passed.
(6) Paragraph (2)(a) shall not apply in relation to any trailer
which is being used for the carriage of petroleum-spirit where that trailer is
not attached to a motor vehicle.
(7) The operator of any vehicle which is used for the carriage of
petroleum-spirit shall ensure that the extinguishants contained in the fire
extinguishers referred to in this Regulation are such that they are not liable
to release toxic gases -
(a) into the driver’s cab; or
(b) when under the influence of the heat of a fire.
Supervision
and parking of vehicles
13.-(1) Subject to
paragraph (2), the operator of any vehicle which is being used for the
carriage of petroleum-spirit and the driver of that vehicle shall ensure that
when the vehicle is parked it is -
(a) supervised at all times by a competent person -
(i) over the age of 18 years, or
(ii) who is a member of the armed forces; or
(b) parked in an isolated position -
(i) unsupervised in the open in a secure depot
or secure factory premises; or, if no such facilities are available,
(ii) in a vehicle park supervised by an
appropriate person who has been notified of the nature of the load and the
whereabouts of the driver; or if no such facilities are available,
(iii) in a public or private vehicle park where
the vehicle is not likely to suffer damage from any other vehicle; or, if no
such facilities are available,
(iv) in a suitable open space separated from the
public highway and from dwellings, where the public does not normally pass or
assemble,
having first been
properly secured.
(2) Paragraph (1) shall not apply in circumstances where the
vehicle has been damaged or has broken down on a road and the driver has left
the vehicle to seek assistance, provided he has taken all reasonable steps to
secure the vehicle and its contents before leaving it unattended.
(3) When a driver parks a vehicle which is being used for the
carriage of petroleum-spirit he shall apply the parking brake.
PART
VII
MISCELLANEOUS AND GENERAL
Exemption
certificates
14.-(1) Subject to paragraph
(2) the Committee may, by Order, exempt -
(a) any person or class of persons; or
(b) any container, tank or vehicle or class thereof,
from
all or any of the requirements or prohibitions imposed by these Regulations and
any such exemption may be granted subject to conditions and to a limit of time
and may be revoked at any time.
(2) The Committee shall not grant any exemption under
paragraph (1) unless having regard to the circumstances of the case and in
particular to -
(a) the
conditions, if any, which it proposes to attach to the exemption; and
(b) any
other requirements imposed by or under any enactments which apply to the case,
it
is satisfied that the health and safety of persons who are likely to be
affected by the exemption will not be prejudiced in consequence of it.
(3) The Committee may, in the interests of national security, by
Order, exempt any person from all or any of the requirements or prohibitions
imposed by these Regulations in so far as they relate to the carriage of
petroleum spirit in -
(a) any vehicle owned by Her Majesty’s forces; or
(b) any vehicle under the control of Her Majesty’s forces,
and
any such exemption may be granted subject to conditions and to a limit of time
and may be revoked at any time by the Committee by Order.
Defence
15.-(1) In any proceedings for an offence consisting of
a contravention of any of the provisions of these Regulations it shall be a
defence, subject to paragraph (2), for the person charged to prove -
(a) that the
commission of the offence was due to the act or default of another person not
being one of his employees (hereinafter called “the other person”); and
(b) that he
took all reasonable precautions and exercised all due diligence to avoid
commission of the offence.
(2) The person charged shall not be entitled to rely upon the
defence referred to in paragraph (1) without leave of the court unless, within
a period ending seven clear days before the trial, he has served on the
prosecutor a notice in writing giving such information identifying or assisting
in the identification of the other person as was then in his possession.
Citation and commencement
16. These Regulations may
be cited as the Petroleum-Spirit (Carriage by Road) (Jersey)
Regulations 2001, and shall come into force on the twelfth day of April 2001.
M.N.
DE LA HAYE
Deputy Greffier of the States.
SCHEDULE 1
(Regulation 3)
Disapplications to these Regulations
1. These Regulations shall not apply to or in relation to the
carriage of petroleum-spirit where -
(a) the
motor vehicle which is being used for the carriage of petroleum-spirit is
registered outside the Island and the carriage
is confined to the Island but nevertheless
conforms with the provisions of ADR as if it were part of an international
transport operation;
(b) the
carriage forms part of an international transport operation within the meaning
of Article 1(c) of ADR and conforms with the provisions of that agreement;
(c) the
carriage forms part of an international transport operation which is subject to
any bilateral or multilateral special agreement made under the terms of
Article 4.3 of ADR to which the United Kingdom is a signatory and
conforms with any conditions attached to the agreement;
(d) the
carriage forms part of an international transport operation within the meaning
of Article 1(c) of ADR and the petroleum spirit is being carried in -
(i) a vehicle owned by Her Majesty’s forces,
or
(ii) a vehicle under the control of the armed
forces of a country which is a contracting party to ADR.
2. Regulation 5 and Schedule 2 shall not apply to or in relation
to the carriage of a storage tank which is nominally empty, provided -
(a) as much
of the pipe-work which was connected to the tank as it was reasonably
practicable to remove from it has been so removed;
(b) a
suitable pressure relief valve, which shall remain operational during the
carriage, is fitted to the tank; and
(c) subject
to sub-paragraph (b), all openings in the tank and in any pipe-work
attached thereto have been sealed to prevent the escape of any petroleum
spirit, insofar as it is reasonably practicable to do so.
3. Regulations 5(5), 7, 10, 11, 12(2) to (6) and paragraphs 1(b)
and 2(2) of Schedule 2 shall not apply to or in relation to the carriage
of petroleum-spirit from a container, tank or vehicle which has been damaged as
the result of an accident on a road, or has broken down on a road, to the
nearest suitable, safe place with a view to the container, tank or vehicle or
any other receptacle which is carrying the petroleum-spirit, being repaired,
cleaned or purged provided such carriage is escorted by a police constable or
by a fire brigade officer and all reasonable steps have been taken to prevent
any leakage of petroleum-spirit.
4. Regulation 7(1) shall not apply where the
petroleum-spirit is being carried in a vehicle owned by Her Majesty’s forces,
in so far as the vehicle concerned is being used in connection with training or
manoeuvres in respect of which not less than 48 hours’ notice has been
given to the Chief Officer of Police and the Chief Fire Officer.
SCHEDULE 2
(Regulation 5(1)(a))
SPECIAL
REQUIREMENTS RELATING TO THE TANKS OF ROAD TANKERS CONSTRUCTED BEFORE 1ST
JANUARY 1999
Construction of road tankers
1. The operator of a road
tanker shall not use it for the carriage of petroleum-spirit unless -
(a) it is
properly designed, of adequate strength and of good construction from sound and
suitable material;
(b) it is
suitable for the purposes for which it is being used having regard to -
(i) the nature and circumstances of the
journey being undertaken, and
(ii) the characteristic properties and quantity
of petroleum spirit and of all other goods being carried, including any which
are not in themselves dangerous;
(c) the
carrying tank of the road tanker concerned, and any fittings attached to
it -
(i) are designed, constructed and maintained
so as to prevent any of the contents escaping, except that this requirement
shall not prevent the fitting of a suitable safety device, and
(ii) in so far as they are likely to come into
contact with petroleum-spirit, are made of materials which are neither liable
to be adversely affected by petroleum-spirit nor liable in conjunction with it
significantly to increase the risk to the health or safety of any person; and
(d) in the
case of a road tanker brought into use for the first time on or after 1st June
1992 for the carriage of petroleum-spirit, he is in possession of sufficient
information in writing concerning -
(i) its design, construction, examination and
maintenance, and
(ii) any repairs or modifications made to the
carrying tank of the road tanker or to any of its fittings,
as may
reasonably foreseeably be needed to enable him to comply with this Schedule in
so far as it imposes requirements or prohibitions on him.
Testing and examination of the carrying tanks of road
tankers
2.-(1) Petroleum-spirit
shall not be carried in the carrying tank of a road tanker unless -
(a) for the
purpose of ensuring that it is properly maintained, there has been prepared and
there is carried into effect a suitable written scheme for -
(i) the initial and periodic examination, and
(ii) the initial and, where appropriate,
periodic testing,
of the relevant carrying tank and its
fittings by a competent person;
(b) before
being brought into use for the first time for the carriage of petroleum-spirit,
the relevant carrying tank was certified by a competent person as suitable for
the purposes for which he understood it was to be used and those purposes were
specified in the certificate; and
(c) subject
to sub-paragraph (12), there is in existence a current report signed by
the competent person who carried out the most recent examination and test in
accordance with the scheme required by clause (a), stating -
(i) the date or dates on which the examination
and test were carried out and the results thereof,
(ii) the date before which any further
examination and, where appropriate, test must be carried out, the interval to
that date being that specified in the written scheme referred to in
clause (a) or such shorter interval as the competent person may specify,
and
(iii) that the relevant carrying tank remains
suitable either for the purposes specified in the certificate for that tank
referred to in clause (b) or for the purposes specified in a further
certificate issued under sub-paragraph (9), or, if it is no longer suitable
for any of those purposes, the purposes for which it is suitable.
(2) Subject to sub-paragraph (12), petroleum-spirit shall not
be carried in the tank of a road tanker if the carrying tank concerned or any
fittings attached to it have been damaged, modified or repaired in such a way
as might affect their safety since either the report referred to in
sub-paragraph (1)(c) was issued or, where the carrying tank is such as is
specified in paragraph 3, the tank and its fittings were last examined and
tested under ADR.
(3) It shall be sufficient compliance with sub-paragraph (1)(c)
if -
(a) the
competent person referred to therein first enters his report in a computer
under the operator’s control and then duly authenticates it; or
(b) where
the competent person does not enter it in a computer under the operator’s
control, the report is transferred to such a computer by, or on the
instructions of, the competent person as soon as is practicable after he first
enters it in a computer and duly authenticates it.
(4) The procedure referred to in sub-paragraph (3) may only be
used if the report -
(a) is
capable of being reproduced in written form when required at the appropriate
place referred to in paragraph 4(1);
(b) is secure from unauthorized interference; and
(c) can be authenticated only by the competent person.
(5) Every carrying tank of a road tanker, subject to
sub-paragraph (6), shall have securely fastened to it, or to any support
which is welded to it, in a readily accessible position, a corrosion-resistant
plate on which the following information is indelibly marked -
(a) the name
or identifying mark of the manufacturer of the carrying tank;
(b) the
serial number of the carrying tank by which it can be identified; and
(c) the date
of the most recent examination and test carried out in accordance with
sub-paragraph (1).
(6) Where compliance with sub-paragraph (5)(c) is not possible
because there is no more room on a corrosion-resistant plate, the date
concerned shall be indelibly marked on an additional corrosion-resistant plate
which shall be securely fastened to the relevant carrying tank, or to any
support welded to it, in a readily accessible position; and, in such a case,
that additional plate shall also be marked in accordance with
sub-paragraph (5)(a) and (b).
(7) Where any corrosion-resistant plate such as is described in
sub-paragraph (5) or (6) and which is securely fastened to the carrying
tank of a road tanker is covered by an insulating layer which surrounds the
carrying tank, a duplicate corrosion-resistant plate, indelibly marked with the
same information as is marked on the plate which is covered as aforesaid, shall
be securely fastened to the exterior of the insulating layer.
(8) Where the carrying tank of a road tanker or its fittings have
been damaged, modified or repaired in such a way as might affect their safety
since either the report referred to in sub-paragraph (1)(c) was issued or,
in the case of any carrying tank such as is specified in paragraph 3 that
tank and its fittings were last examined and tested under ADR, the provisions
of sub-paragraph (1) or ADR shall apply in respect of any such tank and
its fittings as if the tank had not previously been used for the carriage of
petroleum-spirit.
(9) Where the competent person is satisfied that the carrying tank
of a road tanker is suitable for purposes other than those specified in the
certificate referred to in sub-paragraph (1)(b) he may endorse the
certificate to that effect or issue a further certificate specifying those
purposes.
(10) In this paragraph “competent person” means a competent individual
person, other than an employee, or a competent body of persons corporate or
unincorporate, and accordingly any reference in the provisions referred to in this
paragraph to a competent person performing a function includes a reference to
his performing it through his employees.
(11) It shall be the duty of the operator of any road tanker to comply
with the provisions of this paragraph.
(12) Notwithstanding sub-paragraphs (1)(c) and (2), the operator
may transport by road uncleaned tanks in respect of which the relevant
certificate has expired for the sole purpose of undergoing the tests with a
view to renewing the certificate.
Exceptions to paragraph 2
3. Paragraph 2(1), (5) and (10) shall not apply to the
carrying tank of a road tanker used for the carriage of petroleum-spirit where
such a tank and its fittings have been examined, tested, certified and plated
in accordance with the requirements of ADR.
Keeping of documents
4.-(1) All the
documents referred to in paragraphs 1 and 2 shall be kept by the operator
of a road tanker either at the premises from which the tanker operates or at
his principal place of business within the Island.
(2) Where the operator of a road tanker changes, the previous
operator shall, insofar as he is required to keep any document at an address in
the Island in accordance with
sub-paragraph (1), give any such document to the new operator.
(3) Where either of the procedures referred to in
paragraph 2(3) has been used, it shall be sufficient compliance with
sub-paragraph (1) in respect of the report referred to in
paragraph 2(1)(c) if that report is kept by the operator concerned in a
computer at the appropriate place specified in sub-paragraph (1); and
without prejudice to the generality of sub-paragraph (2), if the operator
changes in circumstances where the report referred to in paragraph 2(1)(c)
is kept in a computer in accordance with this sub-paragraph, the previous operator
shall provide the new operator with the information contained in that report in
written form.
SCHEDULE 3
(Regulation 5(13))
Fee for approvals and surveillance inspections
1. On the making of an application under Regulation 5 to the
competent authority for the approval of a person as an approved person there
shall be payable by the applicant in connection with the performance by or on
behalf of the competent authority of its functions in relation to that
application, a fee or fees to be determined in accordance with paragraphs 2 to
5.
2. On receipt of the application referred to in paragraph 1
the competent authority shall prepare and send to the applicant an estimate of
the cost to it of the work necessary for the determination of the application,
and subject to paragraph 4, the amount so estimated shall be the amount of
the initial fee payable and shall be paid forthwith to the competent authority.
3. On determination of the application referred to in
paragraph 1 the competent authority shall prepare and send to the
applicant a detailed statement of the work carried out for the determination of
the application and of the cost reasonably incurred by it in carrying out that
work or in having it carried out on its behalf.
4. If the cost so stated in accordance with paragraph 3
differs from the amount estimated in accordance with paragraph 2 -
(a) where it
is greater, the amount of the difference shall be the amount of the final fee
payable and shall be paid forthwith; and
(b) where it
is less, the initial fee shall be redetermined accordingly and the amount of
the difference shall be paid forthwith to the applicant by the competent
authority.
5. In estimating or stating the cost of carrying out any work the
competent authority may determine the cost of employing an officer for any
period on work appropriate to his grade by reference to the average cost to it
of employing officers of his grade for that period.
6. Following a surveillance inspection of an approved person in
accordance with Regulation 5(12), the competent authority shall prepare
and send to that person a statement of the cost of the performance by or on
behalf of the competent authority of its functions in relation to that
inspection, and the amount so stated shall be the fee payable for that
inspection and shall be paid forthwith.
SCHEDULE 4
(Regulation 7(1))
INFORMATION
TO BE DISPLAYED ON CONTAINERS, TANKS AND VEHICLES CARRYING PETROLEUM-SPIRIT
PART 1
INFORMATION
TO BE DISPLAYED
General
1. Where petroleum-spirit is being carried in any container, tank
or vehicle information shall be displayed thereon in accordance with the
provisions of this Schedule.
Interpretation
2. Any reference in this Schedule to -
(a) a
numbered figure is a reference to the figure so numbered in Part II of
this Schedule; and
(b) “the
telephone number” is a reference to the telephone number where specialist
advice concerning petroleum-spirit may be obtained in English at any time
during carriage.
Display of orange-coloured panels, UN numbers and
emergency action codes
3. Subject to paragraph 4, an orange-coloured panel
conforming to figure 1 shall be displayed at the front of any vehicle
carrying petroleum-spirit.
Trailers
4. Paragraph 3 shall not apply to any trailer carrying petroleum-spirit
where the trailer is not attached to a motor vehicle.
Carriage
of petroleum-spirit in receptacles
5. An orange-coloured panel conforming to
figure 1 shall be displayed at the rear of any vehicle carrying
petroleum-spirit in a receptacle which is not a container or a tank.
Carriage of petroleum-spirit in a tank
6. Where a vehicle is carrying petroleum-spirit in a tank -
(a) an
orange-coloured panel conforming to figure 2 shall be displayed at the
rear of the vehicle bearing the appropriate UN number and the appropriate
emergency action code;
(b) an
orange-coloured panel conforming to figure 2 shall be displayed on both
sides of -
(i) the tank,
(ii) the frame of the tank, or
(iii) the vehicle, provided the panel is positioned
immediately below the tank,
bearing the appropriate UN number and the
appropriate emergency action code.
Display of orange-coloured panels
7. An orange-coloured panel required to be displayed in
accordance with paragraphs 1 to 6 shall be attached in a substantially
vertical plane, and shall be -
(a) rigid or fixed to be rigid; and
(b) in the form of a plate.
Specification
of display of UN numbers and emergency action codes
8. A UN number or emergency action code
required to be displayed in accordance with paragraphs 1 to 6 shall conform to
the following specification -
(a) the UN
number and, subject to sub-paragraph (b), the emergency action code shall
consist of black digits, measuring not less than 100 mm. in height and not
less than 15 mm. stroke width;
(b) notwithstanding
subparagraph (a), where the emergency action code in column 5 of the
Approved Carriage List indicates a white letter on a black background, that
letter shall be displayed as an orange letter on a black rectangle which
rectangle shall have a height and width not less than 10 mm. greater than
the height and width of the letter;
(c) subject
to paragraph 9, the UN number and the emergency action code shall be
indelible and shall remain legible after 15 minutes engulfment in fire.
Tanks constructed before 1st January 1999
9. Paragraph 8(c) shall not apply in relation to any tank
constructed before 1st January 1999.
Permitted variations of sizes of panels
10. Where the size and construction of the vehicle are such that the
available surface area is insufficient to display orange-coloured panels
conforming to the dimensions specified in figures 1 or 2, the dimensions
of the orange-coloured panels displayed may be reduced to 300 mm. at the
base, 120 mm. in height and with a black border measuring 10 mm.
Display of the telephone number
11. Where a vehicle is carrying petroleum-spirit in a tank, the
telephone number shall be displayed -
(a) at the rear of the vehicle;
(b) on both sides of -
(i) the tank,
(ii) the frame of the tank, or
(iii) the vehicle; and
(c) in the immediate vicinity of the orange-coloured panels.
Specification of the display of the telephone number
12. The telephone number shall consist of black digits of not less
than 30 mm. for the height and shall be displayed on an orange-coloured
background.
Permitted variations of the display of the telephone
number
13. Notwithstanding paragraph 11, the telephone number may be
substituted by the text “consult local depot” or “contact local depot”
provided -
(a) the name
of the operator of the vehicle is clearly identifiable from the marking on the
tank or the vehicle;
(b) the
chief fire officer has been notified in writing of the address and telephone
number of the local depot; and
(c) the
chief fire officer has indicated in writing that he is satisfied with the
arrangements.
Display of danger signs and subsidiary hazard signs on
containers
14. Where a vehicle is carrying petroleum-spirit in a container, the
danger sign specified in figure 4 shall be displayed on the container.
Display of danger signs on vehicles
15. Where a vehicle is carrying petroleum-spirit in a tank the
danger sign which is required by paragraph 13 to be displayed on a
container containing petroleum-spirit shall be displayed on each side of, and
at the rear of, the vehicle.
Specification of display of danger signs
16. Subject to paragraph 17, the danger sign required to be
displayed by this Schedule shall -
(a) have sides which measure not less than 250 mm; and
(b) have a
line of the same colour as the symbol 12.5 mm. inside the edge and running
parallel to it.
Display of hazard warning panels
17.-(1) Notwithstanding
paragraphs 6, 11 and 15 -
(a) the
information required to be displayed on an orange-coloured panel; and
(b) the danger sign,
may
be displayed on a hazard warning panel, which panel shall conform to
figure 3 and be orange-coloured, except that part of it which incorporates
the danger sign, which part shall be coloured white.
(2) Notwithstanding paragraph 16, where a hazard warning panel
is displayed the danger sign incorporated within the panel shall have -
(a) sides which measure not less than 200 mm.; and
(b) a line
of the same colour as the symbol not more than 12.5 mm. inside the edge
and running parallel to it.
(3) Wherever an orange-coloured panel conforming to figure 2 is
required to be displayed either at the rear or at the sides of a container,
tank or vehicle, the hazard warning panel may be displayed instead at the rear
or at the sides, as appropriate -
(a) on the vehicle;
(b) on a tank or container; or
(c) on the frame of a tank or container.
General
18. Where any orange-coloured panel, danger sign or hazard warning
panel is displayed -
(a) at the
front or at the rear of the vehicle, it shall be positioned at right angles
across the width of the vehicle; or
(b) on the
sides of a container, tank or vehicle it shall be positioned at right angles
along the length of the container, tank or vehicle concerned.
Visibility of signs
19. An orange-coloured panel, danger sign or hazard warning panel
displayed in accordance with this Schedule shall be clearly visible.
PART II
Figures referred to in this Schedule
Figure 1
Orange-coloured panel
All
black borders
15 mm
or less
|
|
Height
not
less
than
300 mm.
|
|
Base 400 mm
|
|
Figure 2
Orange-coloured panel displaying the emergency action
code and the UN number
All black borders 15 mm. or less
Horizontal black line at mid-height of 15 mm. stroke width
|
|
Height not less than 300 mm.
|
|
Base
400 mm
|
|
|
The
emergency action code shall be inscribed in the upper half and the UN number
shall be inscribed in the lower half
|
|
Figure 3
Hazard Warning Panel
|
Width
400 mm.
|
All black borders 15 mm. or less
|
|
Horizontal
black line at
mid-height
of 15 mm
stroke
width
|
|
Height not less than
400 mm.
|
|
Width not less than 700 mm
|
|
|
The emergency action code shall be inscribed in the upper
half and the UN number in the lower half of the orange-coloured panel and the
telephone number (or text) beneath the UN number.
|
|
Figure 4
Danger Sign
|
The words under the symbol on the sign may be
omitted.
|
The symbol, and the words, if included, shall be
coloured either black or white.
|
The sign shall have a line of the same colour as the
symbol, 5 mm. inside the edge of the sign and running parallel to the
edge.
|
SCHEDULE 5
(Regulation 9)
UNLOADING
OF PETROLEUM-SPIRIT AT PETROLEUM FILLING STATIONS AND CERTAIN OTHER PREMISES
LICENSED FOR THE KEEPING OF PETROLEUM-SPIRIT
PART I
General requirements
1.-(1) It shall be
the duty of the person licensed under the Law to keep petroleum-spirit at a
particular petroleum filling station or at particular premises of the kind
specified in Regulation 9(b) (in this Schedule referred to as “the
licensee”) to ensure that the unloading of petroleum-spirit from a road tanker
at those premises (in this Schedule referred to as “the licensed premises”) is
carried out -
(a) under
his control and in accordance with the procedure set out in Part II of
this Schedule (in this Schedule referred to as “the Part II procedure”); or
(b) under
the control of the driver of the road tanker making the delivery, under the
authority of a licence issued by the Committee pursuant to
paragraph 19(1)(a) (“a Part III licence”) and in accordance with the
procedure set out in Part III of this Schedule (in this Schedule referred
to as “The Part III procedure”); and
(c) in either case -
(i) subject to the provisions of this Part of
this Schedule, and
(ii) by transferring the petroleum-spirit from
the tank of the road tanker into a storage tank.
(2) Where the licensee has been granted a Part III licence in
respect of the licensed premises, he shall only use the Part III procedure
at those premises unless -
(a) he has
given at least one week’s notice to the Chief Fire Officer that he intends to
change to using the Part II procedure and that notice period has expired;
or
(b) due to
failure of equipment, compliance with the Part III procedure has ceased to
be possible and the licensee has agreed with the operator and (where the
operator is not the supplier of the petrol) with the supplier to revert
temporarily to the Part II procedure pending correction of the equipment.
(3) Where the temporary use of the Part II Procedure occurs in
accordance with sub-paragraph (2)(b), the licensee shall give notice to
the Chief Fire Officer -
(a) of his having commenced such temporary use; and
(b) of his
having resumed the use of the Part III procedure upon correction of the
equipment failure.
(4) Any notice required to be given in accordance with
sub-paragraph (3) shall be given by the quickest practicable means.
(5) The licensee shall, within 3 working days of giving any
notice in accordance with sub-paragraph (3), give written confirmation of
that notice to the Chief Fire Officer.
(6) In sub-paragraph (5), the reference to “3 working days” is
a reference to a period of 72 hours calculated from the time the relevant
notice was given in accordance with sub-paragraph (3), but disregarding so
much of any such period as falls on a Saturday or Sunday, or on Christmas day
or Good Friday, or a day which has been appointed a public holiday or a bank
holiday under the Public Holidays and Bank Holidays (Jersey) Law 1951.
2.-(1) The licensee
shall, for the purpose of distinguishing one storage tank from any other
storage tank situated at the licensed premises, ensure that every such tank is
clearly marked with -
(a) a
number, a letter or a combination of both a number and a letter in such a
manner that the number, letter or number and letter cannot be readily altered
or obliterated; and
(b) adjacent
to that number, letter or number and letter, the maximum working capacity of
the tank and the grade of petroleum-spirit permitted to be stored therein under
the licence granted in respect of the licensed premises.
(2) In this Schedule, a reference to the maximum working capacity of
a storage tank shall be a reference to 97% of its actual capacity, expressed in
litres.
3. For the purpose of distinguishing one compartment of the tank
of a road tanker from each other compartment of that tank, the operator shall
ensure that every such compartment is clearly marked with a number in such a
manner that that number cannot readily be altered or obliterated.
4. The licensee shall ensure that every dipstick, not being one
permanently fixed to a storage tank, and any other device used for ascertaining
the quantity of the petroleum-spirit for the time being contained in a storage
tank, is marked with the same number, letter or combination of both a number
and letter and in the same manner as that with which the storage tank in
connection with which it is used is marked.
5. Where the method of filling a storage tank is by means of a
pipe (whether in a single length or segmented) leading from the tank to a
filling point not situated on, or immediately adjacent to, the tank itself, the
licensee shall ensure that the pipe is clearly marked on, or immediately
adjacent to, the filling point with -
(a) the same
number, letter or combination of both a number and letter and in the same
manner as that with which the tank is marked; and
(b) adjacent
to that number, letter or number and letter, the maximum working capacity of
the tank and the grade of petroleum-spirit permitted to be stored in it under
the licence granted in respect of the licensed premises.
6. In any case where the method of filling the tank is that
referred to in paragraph 5, the licensee shall ensure, so far as
practicable, that no filling takes place until -
(a) the pipe
is properly and securely connected to the tank and to the filling point; and
(b) (where
the pipe is segmented) each segment is properly and securely connected one with
another.
7. Where, during the course of filling a storage tank, vapours
given off by that storage tank are returned to the road tanker by means of a
vapour balance pipe which is connected to a vapour balance hose emanating from
that road tanker, the licensee shall ensure that that vapour balance pipe is
marked with the words “vapour balance”.
8.-(1) The licensee
shall appoint a competent person over the age of 18 years (in this
Schedule referred to as “the competent person”) who shall be permitted neither
to be the driver of, nor to be employed to be in attendance on, any vehicle
from which a delivery of petroleum-spirit is to be made at the licensed
premises and who shall have the functions given to him by Parts II and III
of this Schedule.
(2) The licensee shall ensure that -
(a) the
competent person has received adequate training to enable him to
understand -
(i) the nature of the dangers to which the
carriage of petroleum-spirit may give rise, and
(ii) the functions given to him by Parts II and
III of this Schedule and his duties under Articles 4 and 8 of the Health and
Safety at Work (Jersey) Law 1989; and
(b) a record
of the training received pursuant to sub-paragraph (2)(a) is available at
the licensed premises.
PART
II
THE PART II PROCEDURE
(Procedure
for licensee-controlled deliveries)
9. The competent person shall be in charge
of the storage tank for the purpose of the delivery and shall not permit
delivery into that tank to commence -
(a) unless
the tank has immediately before the delivery been measured with a dipstick or
other suitable measuring device and the measurement has shown that the quantity
of petroleum-spirit proposed to be delivered can safely be received by that
tank; and
(b) until -
(i) the hose (whether a single length or
segmented) through which the petroleum-spirit will be delivered (“the delivery
hose”) is connected to the filling point of that tank and
(ii) (where the provisions of paragraph 7
apply to the delivery) the vapour balance hose is secured to the vapour balance
pipe before the delivery hose is connected;
(c) (in any
case where there is a separate dipping opening in the storage tank) until that
dipping opening has been securely closed; and
(d) where
siphon pipes link storage tanks at the licensed premises and none of the linked
tanks is fitted with a mechanical overfill prevention device, until the tank
has been isolated from the other storage tanks by the closure of suitable
valves,
and
shall not as respects that tank sign his name on the certificate referred to in
paragraph 10 until he has complied with the appropriate requirements of
clauses (a) to (d).
10. Before delivery into any storage tank is begun, the competent
person shall, in the presence of the driver of the road tanker from which the
delivery is to be made, in Part A of each of two copies of a certificate
in the form specified in Part IV of this Schedule -
(a) in the
first column, enter the address of the licensed premises concerned;
(b) in the
second column, enter the name of the licensee of the premises;
(c) in the
third column, enter the number, letter or number and letter marked on the tank;
(d) in the
fourth and fifth columns, enter the quantity and grade respectively of
petroleum-spirit which is to be delivered into the tank;
(e) in the
sixth column, enter his signature; and
(f) in the
seventh column enter the correct date and time.
11. The driver of a road tanker shall not commence any delivery of
petroleum-spirit into a storage tank until -
(a) he has,
after the competent person has completed Part A of each of two copies of a
certificate in the form specified in Part IV of this Schedule in
accordance with paragraph 10, in Part B of each of the two
copies -
(i) in the first column, entered the number,
letter or number and letter marked on the tank,
(ii) in the second column, entered the number of
each compartment of any tank of a road tanker from which the petroleum-spirit
is to be delivered, and
(iii) in the third column, entered his signature;
(b) he has -
(i) properly and securely connected the
delivery hose (whether a single length or segmented) to -
(A) the appropriate outlet on the road tanker, and
(B) the filling point of the tank, and
(ii) where the delivery hose is segmented,
properly and securely connected each segment one with another;
(c) where
the provisions of paragraph 7 apply to the delivery, he has, before
properly and securely connecting the delivery hose and, where appropriate, any
of its segments, properly and securely connected the vapour balance hose -
(i) to the vapour balance pipe, and
(ii) to the appropriate faucet on the road
tanker; and
(d) the
competent person is keeping watch as required by paragraph 12.
12. The competent person shall, during the whole time of a delivery
of petroleum-spirit into a storage tank, be in close proximity to the road
tanker and the storage tank and shall, so far as is practicable, keep a
constant watch on the licensed premises for the purpose of preventing any
hazardous situation arising.
13. The driver of a road tanker shall ensure that, during the whole
time of a delivery of petroleum-spirit from the tanker -
(a) except
where the engine has to be used to drive the pumps or other appliances for
loading or unloading the vehicle, neither its engine, nor any other engine or
motor which is attached to the road tanker, is run; and
(b) the road tanker remains stationary.
14. During the whole time of a delivery of petroleum-spirit from a
road tanker, the driver of the tanker shall remain near it, and shall -
(a) so far as is practicable, keep a constant watch on -
(i) the delivery hose (whether a single length
or segmented), the connections at both ends of the delivery hose and, in the
case of a segmented hose, each connection between the segments,
(ii) where the provisions of paragraph 7
apply to the delivery, the vapour balance hose and the connections at both ends
of that hose; and
(iii) the tank of the road tanker; and
(b) ensure,
so far as is practicable, that no petroleum-spirit escapes from any hose
connection such as is specified in clause (a)(i).
15. Both the driver and the competent person shall, during the whole
time of a delivery of petroleum-spirit from a road tanker into a storage tank,
ensure, so far as is practicable, that no petroleum-spirit overflows from the
storage tank concerned.
16. The driver of a road tanker shall ensure that petroleum-spirit
from a single compartment of the tank of the road tanker is not delivered into
more than one storage tank unless -
(a) each of
the storage tanks into which the petroleum-spirit is to be delivered can safely
receive all of the petroleum-spirit remaining in the compartment;
(b) either
the foot valve or the faucet valve for the compartment can be operated from on
top of the tank of the road tanker and dipping of the compartment is carried
out on a continual basis; or
(c) other
effective and reliable mechanical or other measures are taken to prevent
overfilling of each of the storage tanks concerned.
17. When the driver of a road tanker has completed a delivery of
petroleum-spirit to which the provisions of paragraph 7 applied, he shall
disconnect the vapour balance hose having first disconnected the delivery hose.
18. The competent person shall, following the completion of a
delivery of petroleum-spirit from a road tanker -
(a) give one
of the two copies of the certificate completed in accordance with
paragraphs 10 and 11 to the driver of the road tanker from which the
delivery has been made, and the driver shall give it to the supplier of the
petroleum spirit, who shall keep it for a period of not less than
12 months after the delivery; and
(b) give the
second of the 2 copies of the certificate completed in accordance with
paragraphs 10 and 11 to the licensee of the premises where the delivery
was made, who shall keep it at those premises for a period of not less than
12 months after the delivery.
PART III
THE
PART III PROCEDURE
(Procedure for driver-controlled deliveries)
19.-(1) A licensee
shall not use the Part III procedure at his licensed premises
unless -
(a) he has
made application in writing to the Committee and has received from them a
Part III licence -
(i) in the form specified in Part VI of this
Schedule, and
(ii) which has been completed in accordance with
the Note to that Part; and
(b) he has agreed in writing with -
(i) the operator of each road tanker which is
likely to deliver petroleum-spirit to the licensed premises, and
(ii) each person (not being any such operator as
is specified above) who is likely to supply petroleum-spirit to the licensed
premises,
that (subject to the occurrence of either
of the events specified in paragraph 1(2)) that procedure is to be
followed for all future deliveries.
(2) When the Committee receives an application made in accordance
with sub-paragraph (1)(a), they shall not refuse to grant a Part III
licence except on grounds relating to the safety of the specific site in
respect of which the licence application has been made and, having granted such
a licence, they may subsequently revoke it in writing at any time.
(3) A fee of £50.00 shall be payable by the applicant to the
Committee on each application for a Part III licence made in accordance with
sub-paragraph (1)(a).
20.-(1) Where the
licensee intends to use the Part III procedure at the licensed premises,
he shall ensure that -
(a) the cap
on the filling point of each storage tank is locked with a captive padlock, the
key of which shall -
(i) be identified with the number, letter or
number and letter corresponding with the number, letter or number and letter
marked on the relevant storage tank; and
(ii) have a different profile from the key used
for any other such padlock;
(b) a
suitable measuring device is provided for each storage tank which device
shall -
(i) be capable of continuously and visually
indicating the ullage in that tank,
(ii) be clearly marked (adjacent to the said
visual indication of ullage) with the number, letter or number and letter
marked on that tank, and
(iii) in the event of failure, indicate that the
tank is full or that there is a fault condition;
(c) a ticket
printer is provided which is capable of issuing a ticket on which the following
information is indicated -
(i) the date and time of each delivery; and
(ii) (in respect of each storage tank) the
number, letter or number and letter marked on the tank, the grade of
petroleum-spirit permitted to be stored therein under the licence granted in
respect of the licensed premises and the ullage of the tank;
(d) a
suitable high-level alarm which is audible to the driver is provided for each
storage tank; and, where the measuring device referred to in
sub-paragraph (1)(b) operates on the principle of differential air
pressure, he shall also ensure that the system by which that operation is
effected will fail safe in the event of a failure of the air supply, and thereby
sound the audible high level alarm;
(e) safe and
adequate illumination having an illuminance of 100 lux or more measured at
ground level is provided for any area in which the vehicle stands during
unloading and any area in which a storage tank filling point or a measuring
device referred to in sub-paragraph (1)(b) is situated, together with
means which are accessible to the driver for switching the illumination on or
off;
(f) one or
more telephones are provided which are accessible to the driver and which will
enable the driver to make direct contact with the emergency services and with
the depot from which he operates;
(g) a fire
extinguisher suitable for fighting petroleum-spirit fires is provided which is
accessible to the driver and has a minimum test fire rating of 144B, as defined
in British Standard BS EN3-1: 1996;
(h) at least
25 kg of dry sand or such quantity of other suitable absorbent material as
gives an equivalent degree of absorbency is, in conjunction with suitable tools
for applying it, provided in a suitable container, for the purpose of
containing spillages;
(i) a plan
of the licensed premises is provided, which -
(i) shall have been approved by the Chief Fire
Officer,
(ii) is accessible to the driver,
(iii) indicates the position of each filling
point, together with its number or identifying letter, the capacity of the tank
to which it is connected and the grade of petroleum-spirit which the tank is
permitted to contain under the licence, and
(iv) indicates the unloading position for the
vehicle and the position of the surface drainage points; and
(j) a
switch, which is capable of cutting off the power supply to all the
petroleum-spirit, diesel and, where appropriate, liquefied petroleum gas pumps
at the licensed premises is provided adjacent to each telephone provided
pursuant to clause (f).
(2) The licensee shall ensure that the operator of any road tanker
which is likely to make deliveries of petroleum-spirit to the licensed premises
is given written notice of any conditions which apply to such deliveries and
which are attached to the licence granted in respect of those premises.
(3) In this Schedule, “ullage” means the difference (expressed in
litres) between the maximum working capacity of a storage tank and the quantity
of petroleum-spirit in it at any given time.
21. The licensee or the competent person shall, before the
commencement of a delivery of petroleum-spirit into a storage tank at the
licensed premises -
(a) In
Part A of each of two copies of a certificate in the form specified in
Part V of this Schedule -
(i) in the first column, enter the address of
the licensed premises,
(ii) in the second column, enter the name of the
licensee,
(iii) in the third column, enter the number,
letter or number and letter marked on the tank,
(iv) in the fourth and fifth columns, enter the
quantity and grade respectively of petroleum-spirit which is to be delivered
into the tank,
(v) in the sixth column, enter his signature,
having first visually checked that the ullage in the tank as indicated by the
tank measuring device provided in accordance with paragraph 20(1)(b)
exceeds the quantity of petroleum-spirit to be received by that tank, and
(vi) in the seventh column, enter the correct
date and time; and
(b) having
completed Part A of each of two copies of a certificate in the form
specified in Part V of this Schedule in the manner specified in
clause (a), ensure that both those copies are given to the driver who is
to make the delivery.
22. Before making any delivery of petroleum-spirit by the
Part III procedure, the operator shall ensure that -
(a) each
compartment of the tank of the road tanker which is to make the delivery is
fitted with a bottom-operated foot-valve;
(b) means
are provided to shut off all valves referred to in clause (a) in an
emergency;
(c) the road
tanker is loaded in such a way that the contents of a single compartment of its
tank will not need to be split between two storage tanks when the
petroleum-spirit is unloaded; and
(d) the
driver of the road tanker is given a written copy of any conditions of which
the operator has been given notice under paragraph 20(2).
23. A driver of a road tanker who makes a delivery of
petroleum-spirit in accordance with the Part III procedure shall -
(a) comply
with any conditions given to him in accordance with paragraph 22(d);
(b) immediately
before commencing the delivery -
(i) in Part B of each of the two copies
of the certificate required to be given to him in accordance with
paragraph 21(b) -
(A) in the first column, enter the number, letter
or number and letter marked on the storage tank into which delivery is to be
made,
(B) in the second column, enter the number of
each compartment of any tank of the road tanker from which the petroleum-spirit
is to be delivered, and
(C) in the third column, enter his signature,
(ii) verify the availability of the key of the
captive padlock with which, in accordance with paragraph 20(1)(a), the cap
on the filling point of each storage tank which is specified in the copies of
the certificate required to be given to him in accordance with
paragraph 21(b) must be locked,
(iii) verify that the quantity to be delivered may
be safely received by the storage tank by visually checking that the ullage
indicated on a ticket obtained from the ticket printer provided in accordance
with paragraph 20(1)(c) exceeds the quantity to be delivered into that
tank,
(iv) verify that there is a dialling tone on each
telephone provided in accordance with paragraph 20(1)(f),
(v) place the fire extinguisher provided in
accordance with paragraph 20(1)(g) and the sand or other absorbent
material and tools provided in accordance with paragraph 20(1)(h) in a
convenient position close to the road tanker unloading point,
(vi) test the high level alarm provided in
accordance with paragraph 20(1)(d) to verify that the audible signal
functions correctly, and
(vii) take all reasonable steps to ensure
that -
(A) the delivery hose, whether a single length or
segmented, is properly and securely connected to the appropriate outlet on the
road tanker and to the filling point of the storage tank,
(B) where the delivery hose is segmented, each
segment is properly and securely connected one with another, and
(C) where the provisions of paragraph 7 apply to
the delivery, the vapour balance hose is properly and securely connected to the
vapour balance pipe and to the appropriate outlet on the road tanker before the
delivery hose and, where appropriate, any segments of the hose are properly and
securely connected;
(c) during
the whole time of delivery -
(i) except where the engine has to be used to
drive the pumps or other appliances for loading or unloading the vehicle,
ensure that the engine of the road tanker and any other engine or motor which
is attached to it is not run,
(ii) ensure that the road tanker remains
stationary,
(iii) ensure, so far as is practicable, that no
petroleum-spirit -
(A) overflows from the storage tank concerned, or
(B) escapes from any hose connection such as is
specified in clause (b)(vii)(A) and (B), and
(iv) so far as practicable, keep a constant watch
on the filling point of the storage tank the tank of the road tanker, the
delivery hose, whether a single length or segmented, and, where the provisions
of paragraph 7 apply to the delivery, the vapour balance hose and the
connections at both ends of that hose; and
(d) after
the delivery is complete but before departing from the relevant premises -
(i) ensure that all caps on the filling points
into which deliveries have been made are securely closed and locked,
(ii) (where the provisions of paragraph 7
applied to the delivery, but having first disconnected the delivery hose,
whether a single length or segmented) disconnect the vapour balance hose, and
(iii) ensure that all manhole covers which were
disturbed during this delivery have been securely replaced.
24. The driver of a road tanker which has completed a delivery of
petroleum-spirit in accordance with the Part III procedure shall -
(a) ensure
that one of the two duly completed copies of the certificate given to him in
accordance with paragraph 21(b) and completed by him in accordance with
paragraph 23(b)(i)) before the delivery commenced is given back to the
licensee, who shall keep it at the licensed premises for a period of at least
12 months; and
(b) give the
other copy of the certificate referred to in clause (a) to the supplier of
the petroleum-spirit.
25. The supplier of the petroleum-spirit shall keep the copy
certificate that he has been given in accordance with paragraph 24(b) for
at least 12 months from the date of the relevant delivery.
PART IV
FORM
OF CERTIFICATE FOR LICENSEE-CONTROLLED DELIVERIES
The Petroleum-spirit (Carriage by Road) (Jersey) Regulations 2001 (“the Regulations”)
Licensee-controlled
deliveries in accordance with Part II of Schedule 5 to the
Regulations
PART
A
First Column
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Second Column
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Address of licensed premises
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Name of licensee
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Third Column
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Fourth Column
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Fifth Column
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Sixth Column
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Seventh Column
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Storage tank number, letter or number and letter
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Quantity of petrol to be delivered
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Grade of petrol to be delivered
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Signature of competent person (to certify that he
has complied with the appropriate requirements of paragraph 9(a) to (d)
of Schedule 5 to the Regulations before delivery commences)
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Date and time of completion of this Part of the
Certificate
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Note: In Part A,
the competent person appointed by the licensee must enter -
(a) in the
first column, the address of the licensed premises concerned;
(b) in the second column, the name of the licensee;
(c) in the
third column the relevant storage tank number, letter or number and letter;
(d) in the
fourth and fifth columns, the quantity and grade respectively of
petroleum-spirit to be delivered;
(e) in the
sixth column, his signature; and
(f) in the
seventh column, the correct date and time.
This
Part must be completed before delivery into the tank commences. The sixth
column may only be completed after compliance with the appropriate clauses of
paragraph 9 of Schedule 5 to the Regulations.
Paragraph
9 reads as follows -
“9. The competent person shall be in charge of the storage tank for
the purpose of the delivery and shall not permit delivery into that tank to
commence -
(a) unless
the tank has immediately before the delivery been measured with a dipstick or
other suitable measuring device and the measurement has shown that the quantity
of petroleum-spirit proposed to be delivered can safely be received by that
tank; and
(b) until -
(i) the hose (whether a single length or
segmented) through which the petroleum-spirit will be delivered (“the delivery hose”)
is connected to the filling point of that tank, and
(ii) (where the provisions of paragraph 7
apply to the delivery) the vapour balance hose is secured to the vapour balance
pipe before the delivery hose is connected;
(c) (in any
case where there is a separate dipping opening in the storage tank) until that
dipping opening has been securely closed; and
(d) where
siphon pipes link storage tanks at the licensed premises and none of the linked
tanks is fitted with a mechanical overfill prevention device, until the tank
has been isolated from the other storage tanks by the closure of suitable
valves,
and
shall not as respects that tank sign his name on the certificate referred to in
paragraph 10 until he has complied with the appropriate requirements of
clauses (a) to (d).”
PART
B
First Column
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Second Column
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Third Column
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Storage tank number, letter or number and letter
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Road tanker carrying tank compartment numbers
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Signature of driver
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Note: In Part B, the driver must enter -
(a) in the
first column, the relevant storage tank number, letter or number and letter;
(b) in, the
second column, the number of each compartment of any carrying tank from which
the petroleum-spirit is to be delivered; and
(c) in the
third column, his signature.
This
Part must be completed after Part A has been completed by a competent person
appointed by the licensee, but before delivery into the tank commences.
PART
V
FORM OF CERTIFICATE FOR
DRIVER-CONTROLLED DELIVERIES
The Petroleum-spirit (Carriage by Road) (Jersey) Regulations 2001 (“the Regulations”)
Driver-controlled
deliveries in accordance with Part III of Schedule 5 to the
Regulations
PART
A
First Column
|
Second Column
|
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Address of licensed premises
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Name of licensee
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Third Column
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Fourth Column
|
Fifth Column
|
Sixth Column
|
Seventh Column
|
Storage tank number, letter or number and letter
|
Quantity of petrol to be delivered
|
Grade of petrol to be delivered
|
Signature of licensee or competent person (to
certify that in accordance with paragraph 21(a) of Schedule 5 to
the Regulations he has visually checked the ullage space in the storage tank)
|
Date and time of completion of this Part of the
Certificate
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Note: In this Part, the licensee or some other
competent person acting on his behalf must enter -
(a) in the
first column. the address of the licensed premises concerned;
(b) in the
second column, the licensee’s name;
(c) in the
third column, the relevant storage tank number, letter or number and letter;
(d) in the
fourth and fifth columns, the quantity and grade respectively of
petroleum-spirit to be delivered;
(e) in the
sixth column. his signature; and
(f) in the
seventh column, the correct date and time.
This
Part must be completed before delivery into the tank commences. The sixth
column may only be completed after the person concerned has measured the ullage
space in the tank.
PART B
First Column
|
Second Column
|
Third Column
|
Storage tank
number, letter or number and letter
|
Road tanker
carrying tank compartment numbers
|
Signature of
driver
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Note: In this Part, the driver must enter -
(a) in the
first column, the relevant storage tank number, letter or number and letter;
(b) in the
second column, the number of each compartment of any carrying tank from which
the petroleum-spirit is to be delivered; and
(c) in the
third column, his signature.
This
Part must be completed after Part A has been completed by the licensee or
by a competent person acting on his behalf, but before delivery into the tank
commences.
PART VI
FORM
OF PART III LICENCE
Part III licence
The Petroleum-spirit (Carriage by Road) (Jersey) Regulations 2001 (“the Regulations”)
Driver-controlled
deliveries in accordance with Part III of Schedule 5 to the
Regulations
First Column
|
Second Column
|
Third Column
|
Fourth Column
|
Address of licensed premises
|
Name of licensee
|
Signature of person issuing licence on behalf of the Home Affairs
Committee
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Date of issue of Part III licence
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Note: A person
duly authorized by the Home Affairs Committee to act in the following behalf
shall enter -
(a) in the
first column, the address of the premises to which the Part III licence applies;
(b) in the
second column, the name of the licensee of those premises;
(c) in the
third column, his signature; and
(d) in the
fourth column, the date on which the Part III licence is issued.