The Motor Fuel (Composition and Content) Regulations 1994

Type Statutory-Instrument
Publication 1994-09-02
State In force
Department Queen's Printer of Acts of Parliament
PDF Download
articles Not indexed
Reform history JSON API

Made: 2nd September 1994

Laid before Parliament: 8th September 1994

Coming into force: 1st October 1994

The Secretary of State for Transport— in exercise of the powers conferred by sections 30(1) and (3) and 63(1) of the Clean Air Act 1993[^f00001] (the “1993 Act”); and being a Minister designated[^f00002] for the purposes of subsection (2) of section 2 of the European Communities Act 1972[^f00003] in relation to the control of air pollution, in exercise of the powers conferred by that section; and in exercise of all other enabling powers, and after consultation with persons appearing to him to represent manufacturers and users of motor vehicles, persons appearing to him to represent the producers and users of fuel for motor vehicles and persons appearing to him to be conversant with problems of air pollution in accordance with the provisions of section 30(2) of the 1993 Act, hereby makes the following Regulations:—

in exercise of the powers conferred by sections 30(1) and (3) and 63(1) of the Clean Air Act 1993[^f00001] (the “1993 Act”); and

being a Minister designated[^f00002] for the purposes of subsection (2) of section 2 of the European Communities Act 1972[^f00003] in relation to the control of air pollution, in exercise of the powers conferred by that section;

Commencement and citation

1

These Regulations may be cited as the Motor Fuel (Composition and Content) Regulations 1994 and shall come into force on 1st October 1994.

Preliminary

2

So far as any requirement is imposed by virtue of these Regulations, that requirement is imposed in exercise of the powers conferred by sections 30 and 63 of the Clean Air Act 1993 to the exclusion of the powers conferred by section 2(2) of the European Communities Act 1972.

General Interpretation

3

Modifications to BS 4040:1988, BS 7800:1992, BS EN 228:1993 and BS EN 590:1993

4

Requirements relating to motor fuel

5

Restrictions with respect to the distribution of motor fuel

6

Restrictions with respect to the sale of motor fuel

7

at a filling station to which, at the time of the sale, less than three deliveries of petrol have been made since 20th July next before the beginning of the period referred to in paragraph (1).

at a filling station to which, at the time of the sale, less than three deliveries of petrol have been made since 15th April next before the beginning of the period referred to in paragraph (3).

Exemptions relating to the distribution or sale of motor fuel

8

Power for the Secretary of State to grant exemptions

9

The Secretary of State may by instrument in writing confer exemption from any provision of regulation 6 or 7 upon such person or classes of person for such period and in such circumstances as may be specified in the instrument conferring the exemption.

Evidence by certificate in Scotland

10

Equivalent standards

11

where the standard, code of practice, international standard or technical specification provides, in relation to motor fuel, a level of control of air pollution equivalent to that provided by that British Standard Specification.

Revocations and transitional provisions

12

SCHEDULE 1 — PUBLICATIONS

EFFECT OF REFERENCE TO CERTAIN PUBLICATIONS IN BRITISH STANDARDS BS 4040:1988, BS 7800:1992, BS EN 228:1993 AND BS EN 590:1993

PART I

Column 1 Column 2
BS 2000: Part 69 (Methods of test for petroleum and its products Part 69. Reid vapour pressure of petroleum products). BS 2000: Part 402:1994/BS EN:1994 which is entitled “Methods of test for petroleum and its products Part 402. Petroleum products — Determination of Reid vapour pressure — Wet method.”.
BS 2000:Part 123 (Methods of test for petroleum and its products Part 123. Distillation of petroleum products). BS 7392:1990/ISO 3405:1988 which is entitled “Method for Determination of distillation characteristics of petroleum products.”.
BS 2637 (Method for determination of knock characteristics of motor and aviation-type fuels (motor method)). BS 2000:Part 236:1994/BS EN 25163:1994 which is entitled “Methods of test for petroleum and its products Part 236. Motor and aviation-type fuels— Determination of knock characteristics— Motor method.”.
BS 2638 (Method for determination of knock characteristics of motor fuels (research method)). BS 2000:Part 237:1994/BS EN 25164:1994 which is entitled “Methods of test for petroleum and its products Part 237. Motor fuels— Determination of knock characteristics— Research method.”.
BS 4306 (Method for determination and application of precision data in relation to methods of test for petroleum products). IP 367/94 which is entitled “Petroleum products— Determination and application of precision data in relation to methods of test.”.
BS 4348 (Determination of existent gum in fuels by jet evaporation). BS 2000: Part 131: 1994/BS EN 26246:1994 which is entitled “Methods of test for petroleum and its products Part 131. Petroleum products— Motor gasoline and aviation fuels— Determination of existent gum— Jet evaporation method.”.

PART II

BS 2000: Part 69 (Methods of test for petroleum and its products Part 69. Reid vapour pressure of petroleum products). BS 2000: Part 402:1994/BS EN 12:1994 which is entitled “Methods of test for petroleum and its products Part 402. Petroleum products— Determination of Reid vapour pressure— Wet method.”.
BS 2000:Part 123 (Methods of test for petroleum and its products Part 123. Distillation of petroleum products). BS 7392:1990/ISO 3405:1988 which is entitled “Method for Determination of distillation characteristics of petroleum products.”.
BS 2637 (Method for determination of knock characteristics of motor and aviation-type fuels (motor method)). BS 2000:Part 236:1994/BS EN 25163:1994 which is entitled “Methods of test for petroleum and its products Part 236. Motor and aviation-type fuels— Determination of knock characteristics— Motor method.”.
BS 2638 (Method for determination of knock characteristics of motor fuels (research method)). BS 2000:Part 237:1994/BS EN 25164:1994 which is entitled “Methods of test for petroleum and its products Part 237. Motor fuels— Determination of knock characteristics— Research method.”.
BS 4306 (Method for determination and application of precision data in relation to methods of test for petroleum products). IP 367/94 which is entitled “Petroleum products— Determination and application of precision data in relation to methods of test.”.
BS 4348 (Determination of existent gum in fuels by jet evaporation). BS 2000: Part 131: 1994/BS EN 26246:1994 which is entitled “Methods of test for petroleum and its products Part 131. Petroleum products— Motor gasoline and aviation fuels— Determination of existent gum— Jet evaporation method.”.

PART III

EN 12 (Petroleum products— Determination of Reid vapour pressure— Wet method). BS 2000:Part 402:1994/BS EN 12:1994 which is entitled “Methods of test for petroleum and its products Part 402. Petroleum products— Determination of Reid vapour pressure— Wet method.”.
EN 237 (Liquid petroleum products— Determination of low lead concentrations— Atomic absorption spectrometric method). ASTM D 3237—90 which is entitled “Standard Test Method for Lead in Gasoline by Atomic Absorption Spectroscopy.”.
EN 238 (Liquid petroleum products— Determination of the benzene content— Infra red spectrometric method). ASTM D 3606—92 which is entitled “Determination of benzene and toluene in finished motor and aviation gasoline by gas chromatography.”.
EN 24260 (Petroleum products and hydro- carbons— Determination of sulfur content— Wickbold combustion method). BS 2000:Part 243:1004/BS EN 24260:1994 which is entitled “Methods of test for petroleum and its products Part 243. Petroleum products and hydrocarbons— Determination of sulfur content— Wickbold combustion method.”.
ISO 2160 (Petroleum products— Corrosive-ness to copper— Copper strip test). BS 2000:Part 154:1993 which is entitled “Methods of test for petroleum and its products Part 154. Petroleum products— Corrosiveness to copper— Copper strip test.”.
ISO 7536 (Petroleum products— Determination of oxidation stability of gasoline— Induction period method). BS 2000:Part 40:1992 which is entitled “Methods of test for petroleum and its products Part 40. Determination of oxidation stability of gasoline— Induction period method.”.
ISO 8754 (Petroleum products— Determination of sulfur content— Energy-dispersive X-ray fluorescence method). BS 2000:Part 336:1993 which is entitled “Methods of test for petroleum and its products Part 336. Petroleum products— Determination of sulfur content— Energy-dispersive X-ray fluorescence method.”.

PART IV

EN 24260 (Petroleum products and hydro-carbons— Determination of sulfur content— Wickbold combustion method). BS 2000:Part 243:1994/BS EN 24260:1994 which is entitled “Methods of test for petroleum and its products Part 243. Petroleum products and hydrocarbons— Determination of sulfur content— Wickbold combustion method.”.
EN 26245 (Petroleum products— Determination of ash). ISO 6245:1993/IP 4/94 which is entitled “Petroleum products— Determination of ash.”.
ISO 3015 (Petroleum products— Determination of cloud point). BS 2000:Part 219:1994/BS EN 23015:1994 which is entitled “Methods of test for petroleum and its products Part 219. Petroleum products— Determination of cloud point.”.
ISO 4264 (Petroleum products— Distillate fuels— Calculation of cetane index). IP 380/94 which is entitled “Calculation of cetane index of distillate fuels by four variable equation.”.
ISO 8754 (Petroleum products— Determination of sulfur content— Energy-dispersive X-ray fluorescence method). BS 2000:Part 336:1993 which is entitled “Methods of test for petroleum and its products Part 336. Petroleum products— Determination of sulfur content— Energy-dispersive X-ray fluorescence method.”.
ISO 10370 (Petroleum products— Determination of carbon residue— Micro method). IP 398/94 which is entitled “Petroleum products— Determination of carbon residue— Micro method.”.

SCHEDULE 2 — REVOCATIONS

(1) (2)
Regulations revoked Reference
The Motor Fuel (Sulphur Content of Gas Oil) Regulations 1976 S.I. 1976/1989
The Motor Fuel (Lead Content of Petrol) Regulations 1981 S.I. 1981/1523
The Motor Fuel (Lead Content of Petrol) (Amendment) Regulations 1985 S.I. 1985/1728
The Motor Fuel (Lead Content of Petrol) (Amendment) Regulations 1989 S.I. 1989/547
The Motor Fuel (Sulphur Content of Gas Oil) (Amendment) Regulations 1990 S.I. 1990/1097

Signed

Signed by authority of the Secretary of State.

Steven Norris — Parliamentary Under Secretary of State, — Department of Transport — 2nd September 1994

Explanatory note

(This note is not part of the Regulations)

These Regulations revoke and replace the Motor Fuel (Lead Content of Petrol) Regulations 1981 and the Motor Fuel (Sulphur Content of Gas Oil) Regulations 1976 and their amending regulations.

The Regulations lay down requirements as to the composition and content of motor fuel (regulation 5). The requirements are based on specified paragraphs contained in British Standard Specifications BS 4040:1988, BS EN 228:1993, BS 7800:1992 and BS EN 590:1993 respectively (or their equivalent in accordance with regulation 11) for leaded, unleaded and high octane (super) unleaded petrols and for diesel fuel. The Regulations embrace the requirements with respect to the maximum permitted lead and benzene content of petrol, as specified by Council Directive 85/210/EEC (OJ No L96, 3.1.1985, p. 25.), and the maximum sulphur content of diesel fuel, as specified by Council Directive 93/12/EEC (OJ No L74 27.3.1993, p. 81.), together with other requirements with respect to fuel properties. Certain of these requirements vary according to the time of year when the fuel is distributed or sold.

The distribution of non-complying motor fuel from a refinery or an import terminal and the sale of such fuel by retail at a filling station are prohibited (regulations 6 and 7).

Regulation 8 provides for certain exemptions from these prohibitions and regulation 9 enables the Secretary of State to grant exemptions to specified persons or classes of person.

Provision is made for evidence of the results of tests to be given by certificate in proceedings in Scotland (regulation 10) and regulation 12 contains transitional provisions.

A compliance cost assessment has been prepared and copies can be obtained from the Department of Transport, Room C19/07, 2 Marsham Street, London SW1 3EB. A copy has been placed in the library of each House of Parliament.

Copies of the British Standard Specifications and ISO publications referred to in these Regulations may be obtained from any of the outlets operated by the British Standards Institution, or by post from the British Standards Institution at Linford Wood, Milton Keynes, MK14 6LE (Tel No: Milton Keynes (STD 0908) 221166).

Copies of the Institute of Petroleum publications referred to in these Regulations may be obtained from the Institute of Petroleum, 61 Cavendish Street, London W1M 8AR (Tel No: London (STD 071) 467 7100).

Copies of the ASTM publications referred to in these Regulations may be obtained from ASTM European Office, 27/29 Knowl Piece, Wilbury Way, Hitchin, Hertfordshire SG4 0SX (Tel No: Hitchin (STD 0462) 437 933).

Footnotes

[^f00001]: 1993 c. 11.

[^f00002]: S.I. 1988/735.

[^f00003]: 1972 c. 68.

[^f00004]: Cm 2073 and 2183.

[^f00005]: 1968 c. 59.

[^f00006]: 1928 c. 32; the definition of “petroleum spirit” was substituted by Schedule 3 to the Health and Safety (Miscellaneous Provisions) (Metrication etc) Regulations 1992 (S.I. 1992/1811).

[^f00007]: 1990 c. 16.

[^f00008]: 1968 c. 29.

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.