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