Tank Trucks and Tank Wagons

PURPOSE: This rule establishes requirements for tank truck and tank wagon measuring devices and tank vehicle safety. (1) Measuring Devices. (A) All tank truck and tank wagon measuring devices shall be made available, upon reasonable request, to the director or his/ her delegated representative, for testing and inspection. (B) Each tank truck and tank wagon measuring device used in the retail or wholesale dispensing of products regulated by Chapter 414, RSMo shall meet the requirements contained in the current edition of NIST Handbook 44. When these devices are found to be inaccurate or not meeting current NIST Handbook 44 requirements, the device shall be ordered corrected, removed, or discontinued from use. (C) No means shall be provided by which any measured liquid can be diverted from the measuring chamber of the meter or its discharge line. (D) The director of the Department of Agriculture or his/ her delegated representative at least once each year shall test and inspect the measuring devices on tank trucks and tank wagons used in the retail or wholesale dispensing of products regulated by Chapter 414, RSMo. (E) No meter which has been condemned shall be used for commercial purposes. All condemned meters shall be conspicuously marked INACCURATE: USE PROHIBITED. (F) Each measuring device shall be sealed with an official state security seal to be applied by the director of the Department of Agriculture or his/her delegated representative. (G) No person, except the director or his/her delegated representative, shall duplicate the state seal of Missouri to be used for sealing or applying seals to any measuring device dispensing products regulated by Chapter 414, RSMo. (H) No person shall break or tamper with any official state security seal without the consent of the director of the Department of Agriculture or his/her delegated representative except for the repair or replacement of this device, at which time notification is to be given to the director within five (5) days. (I) No person shall hinder or obstruct the director or his/her delegated representative in the reasonable performance of his/ her duties. (J) If the design, construction, or location of any device is such as to require a testing procedure involving special equipment or accessories, or an abnormal amount of labor, the equipment, accessories, and labor shall be supplied by the owner or operator of the device as required by the weights, measures and consumer protection official. (2) Safety. Failure by any owner or operator of a tank wagon to remedy any deficit or condition which is or may constitute a hazard to the person of any official inspector of metering devices shall constitute a refusal to inspect those metering devices and that device shall be subject to an order for discontinuance of use. (3) Each tank truck or tank wagon shall utilize a separate measuring device (meter) for each class of petroleum products dispensed. This requirement includes any vehicle which was not manufactured for use as a tank delivery vehicle, but has been retrofitted with a tank to be utilized to deliver products regulated by Chapter 414, RSMo to a customer or by a customer. (4) Each meter utilized for the dispensing of products regulated by Chapter 414, RSMo shall be labeled or marked in a conspicuous location indicating those products it is utilized for (i.e., gasoline, diesel fuel, heating oil, kerosene, etc.) (5) Tank filling shall not begin until the delivery truck driver or operator has determined the tank outage and calculated the volume that can be safely delivered into the tank. (6) The driver, operator, or attendant of any tank vehicle shall not remain in the vehicle during the delivery of petroleum products but shall remain at or near the loading or unloading point and not leave the vehicle unattended during the loading or unloading process. (7) Section 2-4.9.4 contained in the 1996 edition of the NFPA Manual No. 30A shall not apply. AUTHORITY: section 414.142, RSMo 2016.* 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. Amended: Filed April 8, 1999, effective Nov. 30, 1999. Amended: Filed June 27, 2018, effective Jan. 30, 2019. *Original authority: 414.142, RSMo 1987, amended 1993, 1995.