PURPOSE: This rule establishes requirements for tank truck and tank wagon measuring devices and tank vehicle safety.

Editor’s Note: The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensive. The entire text of the material referenced has been filed with the secretary of state. This material may be found at the Office of the Secretary of State or at the headquarters of the agency and is available to any interested person at a cost established by state law.

SUMMARY: The publication of the National Institute of Standards and Technology (NIST) entitled Handbook 44 which contains specifications, tolerances and other technical requirements for weighing and measuring devices. The purpose of these requirements is to remove from service any device that is false, that is of faulty construction or that facilitates the perpetration of fraud.

1. (1) Measuring Devices.

   1. (A) All tank truck and tank wagon measuring devices shall be made available, upon reasonable request, to the director or his/her delegated representative, for testing and inspection.
   2. (B) Each tank truck and tank wagon measuring device used in the retail or wholesale dispensing of products regulated by Chapter 414, RSMo shall meet the requirements contained in the current edition of NIST Handbook 44. When these devices are found to be inaccurate or not meeting current NIST Handbook 44 requirements, the device shall be ordered corrected, removed or discontinued from use.
   3. (C) Each measuring device shall be equipped with an effective and operating vapor eliminator to prevent the passage of vapor and air through the device. Vent lines from the vapor eliminator shall be made of metal or similar rigid material.
   4. (D) No means shall be provided by which any measured liquid can be diverted from the measuring chamber of the meter or its discharge line.
   5. (E) The director of the Department of Agriculture or his/her delegated representative at least once each year shall test and inspect the measuring devices on tank trucks and tank wagons used in the retail or wholesale dispensing of products regulated by Chapter 414, RSMo.
   6. (F) No meter which has been condemned shall be used for commercial purposes. All condemned meters shall be conspicuously marked INACCURATE: USE PROHIBIT- ED.
   7. (G) Each measuring device shall be sealed with an official state security seal to be applied by the director of the Department of Agriculture or his/her delegated representative.
   8. (H) No person, except the director or his/her delegated representative, shall duplicate the state seal of Missouri to be used for sealing or applying seals to any measuring device dispensing products regulated by Chapter 414, RSMo.
   9. (I) No person shall break or tamper with any official state security seal without the consent of the director of the Department of Agriculture or his/her delegated representative except for the repair or replacement of this device, at which time notification is to be given to the director within five (5) days.
   10. (J) No person shall hinder or obstruct the director or his/her delegated representative in the reasonable performance of his/her duties.
   11. (K) If the design, construction or location of any device is such as to require a testing procedure involving special equipment or accessories, or an abnormal amount of labor, the equipment, accessories and labor shall be supplied by the owner or operator of the device as required by the weights and measures official.
2. (2) Safety. Failure by any owner or operator of a tank wagon to remedy any deficit or condition which is or may constitute a hazard to the person of any official inspector of metering devices shall constitute a refusal to inspect those metering devices and that device shall be subject to an order for discontinuance of use.

AUTHORITY: section 414.142, RSMo (Cum. Supp. 1993).* Emergency rule filed Dec. 1, 1987, effective Jan. 1, 1988, expired March 1, 1988. Original rule filed Oct. 16, 1987, effective Feb. 11, 1988. Amended: Filed April 2, 1990, effective June 28, 1990. Amended: Filed April 14, 1994, effective Sept. 30, 1994. *Original authority 1987, amended 1993.