N.Y. Comp. Codes R. & Regs. tit. 1 § 224.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 224.4 - Delivery of petroleum products

(a) Except where otherwise agreed to by the parties in writing, all petroleum products delivered from a vehicle shall be measured by meter or other measuring device.

(1) Where petroleum products delivered from a vehicle are measured by a metering device on the vehicle, the seller shall provide the buyer with a mechanically prepared metered document which shall show the actual quantities of all grades of petroleum products delivered.

(2) Where petroleum products delivered from a vehicle are not measured by a metering device on the vehicle, the seller shall provide the buyer at each location with a mechanically prepared metered document which shall show the actual quantities of all grades of petroleum products transferred to the vehicle which were delivered to that location. The design of the vehicle used in such deliveries shall prevent interchange of products intended for delivery at different locations.

(b) Every retailer shall check the level of each tank before and after each delivery of product in order to ascertain the quantity of product delivered to such tank and shall keep a record of such recordings. All such records shall be safely preserved on the premises for six months in such manner as to insure their security and accessibility for inspection by weights and measures officials.

(c) The person making the delivery shall check the level of product in each tank before and after each delivery of product in order to ascertain the quantity of product delivered to such tank and shall keep a record of such readings. All such records shall be safely preserved at the seller's principal place of business for six months in such manner as to insure their security and accessibility for inspection by weights and measures officials.

(d) In the event of any discrepancy between the seller's delivery invoice and the retailer's records of quantity delivered, the retailer shall notify the seller immediately by telephone, to be confirmed within 48 hours of the delivery in writing by certified mail or telegram, and the seller shall resolve the matter and respond to the retailer within 30 days.

(e) Deliveries of petroleum products to a retailer at night or after closing hours shall be made only with prior written consent of the retailer.

(f) No delivery of any product shall be made to any retail storage tank when its water level exceeds 1 inch (2.5 centimeters) in depth, when measured from the bottom through the fill pipe or other opening at the top of the tank.

N.Y. Comp. Codes R. & Regs. Tit. 1 § 224.4

Amended New York State Register November 20, 2019/Volume XLI, Issue 47, eff. 11/20/2019