Legal Document

Title: The Petroleum (Quality Control) Act The Petroleum (Quality Control) Regulations, 1990
Type: Act
Issuing Agency: Ministry of Justice
Responsible Agency: Ministry of Science, Energy and Technology
Issuing Date: 02-07-1990

The Petroleum (Quality Control) Act
REGULATIONS
(under section 19)
The Petroleum (Quality Control) Regulations, 1990

 

(Made by the Minister on the 2nd day of July, 1990)
 

  1. Interpretation
  2. Refusal of Applications, Suspension or Cancellation of Registration
  3. Certificate of Appointment of Inspector
  4. Holding of Enquiry pursuant to section 10
  5. Transitional
  6. Specifications for Leaded Gasolene
  7. Specflcations for unleaded E- I0 Gasoline
  8. Report to Minister
  9. Nature and Disclosure of Gasolene and Diesel Additives
  10. Offences

 

 

1. These Regulations may be cited as the _Petroleum (Quality Control) Regulations, 1990.

 

Interpretation

2. In these Regulations-

"authorized agent" means the Jamaica Bureau of Standards or such other person as may be designated by the Minister.

"blender" means a person engaged in blending;

"blending" means the mixing together of one or more petroleum blending stock with any other substance to form a petroleum product and includes-

(a) the mixing of any substance that may materially affect' the composition of any petroleum product as described by the specifications for the product; and

(b) in the case of gasolene, the mixing of oxygenates or other octane enhancers, detergents, antioxidants, corrosiori inhibitors and any of the components that are included in the gasolene specificationscontained in the Second Schedule.

"bulk distributor" means any person engaged .in the distribution of petroleum products by tanker truck, barge or other containers for use by individual retailers or other bulk distributors;

"bulk user" means any person who, other than as a bulk distributor, imports or obtains a petroleum product fiom a bulk distributor; "import" means to bring gasolene into Jamaica by cargo tanker or marine vessel;

"importer" means a person who possesses for sale, distribution, transfer or use, any' petroleum product or petroleum blending stock imported into Jamaica;

"petroleum blending stock" means any compound which is blended with other compoundsto produce a petroleum product;

"petroleum product" means any product specified in the Fourth Schedule;

"petroleum refinery" means a facility engaged in producing gasolene, kerosene, distillate fuel oils, residual fuel oils, lubricants, or other products through distillation of petroleum or through redistillation, cracking, extracting or reforming of. unfinished petroleum derivatives;

"petroleum shipment" means any petroleum ,product or petroleum blending stock contained within a single shipment by cargo tanker or marine vessel;

"producer" means a person who' manufactures any petroleum product in a petroleum refinery;

"(R+M)/2 Octane rating" means measure of the ability of gasolene to resist engine knock or pinging as measured.by the average of the research octane number and the motor octane number according to procedures in American Standard Test and Measurement methods D-2699 and D-2700;

"service station" means any premises equipped to dispense gasoline into the fuel tanks of motor vehicles or vessels and includes a retail service station, card lock or fleet refueling station.

Licensing of Haulage Contractors

3 . (1) Application for a licence pursuant to section 5 of the Act to operate as a Haulage Contractor shall be in the form prescribed as Form 1 in the First Schedule.

     (2) Every such application shall be completed in duplicate and submitted to the Permanent Secretary in the Ministry of Mining and Energy, together with a valid calibration certificate issued to the applicant by the Bureau of Standards in respect of each tank truck or tanker wagon he intends to use for the haulage of petroleum products:

     (3) If the application is approved, the licence shall be in the form prescribed as Form 2 in the First Schedule.

Registration of Retailers, Haulage Contractors and Drivers

4 . (1) The Register required to be kept pursuant to section 7 of the Act shall contain the following particulars-

(a) the name and address ofeach person registered under the Act;

(b) in the case of a Retailer, the 'number and date of issue of the licence issued to him under the relevant Act and the location and grade of the filling station operated by him;

(c) in the case ofa Haulage Contractor-

(i) the number and date of issue of the licence granted to him under section 5 of the Act; and

(ii) a description ofthe vehicles, including trailers, operated by him, showing the type, capacity (laden and unladen weight) and registration number of each such vehicle;

(dj in the case of a Driver, the number and date of expiry of his driver's licence;

(e) particulars ofany character references furnished with an application for registration;

(f) particulars of any suspension or cancellation of registration pursuant to section,10 of the Act.

   (2) Application for registration under the Act shall be in the form prescribed as Form 3 in the First Schedule. First Schedule Farm 3

   (3) Every such application shall-

(a) be completed in duplicate and submitted to the Permanent Secretary in the Ministry of Mining and Energy;

(b) be accompanied by a recommendation from one of the persons specified on the form;

(c) where the applicant is a licensed Retailer, be accompanied by a copy of the licence issued to him pursuant to the relevant Act;

(d) where the applicant is a Haulage Contractor, be accompanied by a copy of the licence issued to him under section 5 of the Act, and a copy of the calibration certificate issued to him by the Bureau of Standards in respect of each tank truck or tanker wagon he intends to use for the haulage of petroleum products.

(4) If the application is approved, the certificate of registration shall be in the form prescribed as Form 4 in the First Schedule. Form 4

4A. Where-

(a) a tank truck or tanker wagon is involved in an accident; or

(b) any change or modification is made to the carrying compartment of a tank truck or tanker wagon, that tank truck or tanker wagon shall be re-calibrated by the Bureau ofStandards before being put back into service.

Refusal of Applications, Suspension or Cancellation of Registration

5-(1) Where-

(a) an application for a licence or registration is refused; or

(b) the registration of any person is cancelled or suspended, notice of such refusal, suspension or cancellation, as the case may be, may be given in the form set out as Form 5 in the First Schedule or in such other form as the Form 5 Minister may consider appropriate in the circumstances of any particular case.

    (2) Any person aggrieved by any direction or order made by the Minister under section 10 of the Act may apply to the Minister in writing to suspend that direction or order pursuant to section 10 aforesaid and shall set out the circumstances which, in the opinion of that person, would merit such suspension by the Minister.

    (3) An application pursuant to paragraph (2) shall be made by the person aggrieved not later than fifteen days after receipt by him of notice of the Minister's decision or within such longer period as the Minister may in any case allow.

Certificate of Appointment of Inspector

6. The certificate of appointment of any person designated an inspector under section 16 of the Act shall be in the form set out as Form 6 in the First Schedule.

Holding of Enquiry pursuant to section 10

7.-(1) For the purposes of section 10 (1) (b) of the Act, where the Minister considers it expedient so to do, he may appoint a Committee consisting of one person or not more than three persons to determine whether a person registered under the Act (hereinafter referred to as the registered person) procured his registration on the ground of any misleading, false or fraudulent representation.

     (2) At least one member of the Committee shall be a person possessing legal qualification and if the Committee consists of more than one person, the person so qualified shall be appointed chairman.

8.-(1) Subject to the provisions of these Regulations the following procedure shall apply to the conduct of an enquiry-

(a) the Committee shall cause the registered person-

(i) to be notified in writing of the allegation made against him and of the intention to conduct the enquiry; and

(ii) to be called upon to state in writing before a specified day (not being less than seven days after the date of notification) any relevant facts which he relies on to rebut that allegation;

(b) if the registered person does not furnish such a statement within the specified time or if, in the opinion of the Committee, he fails to rebut the allegation, the Committee shall inform the registered person that on a day specified the Committee will enquire into the allegation and that he will be permitted to appear before the Committee to defend himself;

(c) the registered person may be represented at any such enquiry by an attorney-at-law or any other person approved by the Committee;

(d) if witnesses are examined by the Committee the registered person shall be given an opportunity to be present and to question the witness on his own behalf either personally or through his attorney-at-law or other representative;

(e) if after hearing the evidence in support of the allegation the Committee is of the opinion that the evidence is insufficient it may report accordingly to the Minister without calling upon the registered person to state his defence;

(f) in any other case the Committee shall call upon the registered person to state his defence; (g) if the Committee is of the opinion that the allegation has been substantiated it shall report accordingly to the Minister and shall recommend to the Minister whether the registration should be-

(i) canceled; or

(ii) suspended and if so, the period of such suspension.

     (2) Where a registered person against whom an allegation is made admits in writing the facts giving rise to the allegation, it shall not be necessary to hold an enquiry under this regulation.

9 . (1) Where the Committee consists ofmore than one person, the chairman shall have a casting vote in any case in which the voting is equal.

     (2) Except as otherwise provided in these Regulations the Committee may regulate its own proceedings. Presumptions as to Contamination

10.-(1) For the purposes of section 3 (3) (a) of the Act, the normal constituents of each of the categories of petroleum specified in the Second Schedule shall be as set out respectively in that Schedule. 

       (2) Where as a result ofa test ofany sample ofa category of petroleum a deficiency in the normal constituents of that category is discovered, that deficiency shall raise a presumption that the petroleum from which the sample was taken is contaminated.

       (3) The methods for testing the constituents of petroleum products shall be those set out in the Second Schedule.

11. For the purposes of section 3 (3) (b) of the Act, if the actual contents of a prescribed vehicle are found to be different in quality or quantity or in any other respect from the particulars of the petroleum delivered to that vehicle as shown on the despatch note issued in respect of that vehicle and duly stamped by the operator of the refinery or wharf, as the case may be, and initialled by an authorized officer of the refinery or wharf, that discrepancy shall raise a presumption that the petroleum being transport in that vehicle is contaminated.

Transitional

12. Where an application by any person is made pursuant to section 2 1 of the Act (omitted as transitional vide section 11 (1) (a)(viii) of the Law Revision Act) the application shall be accompanied by such documents as would substantiate the applicant's claim to be an "existing operator" as defined in that section. Licensing of Producers, etc.

13.-(1) A producer, importer, blender, or bulk distributor of any product specified in the Fourth Schedule, who offers such product for sale or distribution shall apply to the Minister of a licence in Form 1 of the Fifth Schedule;

       (2) An application for a licence under this regulation shall be accompanied by an application fee of twenty-five thousand dollars. 

       (3) A licence issued under this regulation shall be in Form 2 of the Fifth Schedule.

Specifications for Leaded Gasolene

14. Except as provided by regulation 16-

(a) on and after October 15, 1999, no person shall produce or import into Jamaica any gasolene that contains lead in excess of 0.6 grams per litre;

(b) on and after January 14, 2000, no person shall sell, offer for sale, distribute, or transport any gasolene that contains lead in excess of 0.6 grams per litre;

(c) on and after April I , 2000, no person shall produce or import into Jamaica any gasolene that contains lead in excess of 0.4 grams per litre;

(d) on and afterJuly 1,2000, no person shall sell, offer for sale, distribute, or transport any gasolene that contains lead in excess of 0.4 grams per litre;

(e) on and after April 1, 2003, no person shall produce or import into Jamaica any gasolene that contains lead in excess of0.0 13 grams per litre;

(f) on and after July 1,2003, no person shall sell, offer for sale, distribute, or transport any gasolene that contains lead in excess of 0.0 13 grams per litre;

(g) on and after October 15, 1999, the minimum octane number of gasolene sold, offered for sale, distributed or transported shall be eighty-seven expressed as the (R+M)/2, subject to the specifications set out in regulation 4 and the requirements of regulation 6.

Specflcations for unleaded E- I0 Gasoline

14A. Except as provided by regulation 16A on and after March 1, 2010, no person shall sell, offer for sale, distribute, or use in Jamaica-

(a) 87 Octane Index gasoline that does not contain 9-10 percent ethanol by volume and which does not satisfy the specification and requirements for unleaded E-10 motor gasoline 87 Octane Index, as set out in the Second Schedule;

(b) 90 Octane Index gasoline that does not contain 9-10 percent ethanol by volume and which does not satisfy the specification and requirements for unleaded E-10 motor gasoline 90 Octane Index, as set out in the Second Schedule;

(c) any gasoline that contains Methyl Tertiary Butyl Ether (MTBE) in excess of three per cent by volume.

Display Fuel Type, etc. 15. On and after January 14, 2000, every retailer or operator of a service station shall display conspicuously on each pump or other device from which gasolene or any other fuel used for motor vehicles is dispensed-

(a) the type offuel;

(b) if the fuel is gasolene, the octane rating expressed as the average of the Research Octane Number and the Motor Octane 4 . ,.Number;

(c) the price per litre of the fuel

Exemption from Fuel Specifications

16.--(1) In relation to the period between October 15, 1999, and March 31, 2008, regulations 10 and 14 shall not apply in respect of gasolene produced, imported, sold, offered for sale, distributed or transported for use in aviation engines or in competition vehicles that are powered by an engine that-

(a) requires leaded gasolene with a Research Octane Number of one hundred and nine or greater; and

(b) has a compression ratio of-

(i) 6:l or greater, in the case of a supercharged or turbo charged engine; or

(ii) 12:1 or greater in the case of an engine other than an engine referred to in sub-paragaph (i).

       (2) Any person who produces, imports, sells, or offers for sale any gasolene for use in aviation engines or competition vehicles shall keep a record containing-

(a) the brand name ofthe gasolene;

(b) the octane rating of the gasolene and the test method by which the rating was determined;

(c) the average lead concentration in milligrams of lead per litre of gasolene;

(e) the name and address of-

(i) the distributor or retailer of the gasolene, if the gasolene was used, if the gasolene was sold for distribution or retail; or

(ii) the location of a particular track or event where the gasolene was used, if the gasolene was sold at that location; and

(f) the total quantity of leaded gasolene sold to each of the entities set out in sub-paragraph (d)and the total quantity of any other leaded gasolene produced, imported, sold, offered for sale, distributed or transported.

    (3) The records referred to in paragraph (2) shall, in respect of each a calendarsubsequent calendaryear, be submittedyear. to the Minister on or before March 31, of the

    (4) The records referred to in paragraph (2) shall be retained for a period ofthree years beginning on the date the record is made.

    (5) The Minister may extend any exemption created by this regulation for ah additional period, not exceeding five years at a time. 16A. Regulation 14A shall not apply in respect of aviation gasoline or gasoline for use in motor engines used exclusively for marine or oceanic travel.

Records

17.-(1) A producer of any of the petroleum products appearing in the Fourth Schedule shall in respect of each year keep a 'record of the amount of every petroleum product produced.

      (2) An importer of petroleum or of any of the petroleum products specified in the First Schedule shall keep a record of the source and disposition of each shipment of petroleum products.

      (3) A bulk distributor of petroleum blending, stock or of any of the petroleum products specified in the Fourth Schedule shall keep a record of the source of, and every transaction relating to, such blending stock or petroleum product.

      (4) A blender of petroleum blending stock or of any of the petroleum products specified in the Fourth Schedule shall keep a record of the volume of each component blended.

      (5) Every record referred to in paragraph (I), (2), (3) or (4) shall be mined for a period of three years from the date on which the record is made.

      (6) A person who is required by this regulation to maintain a record shall-

(a) provide a copy of any inspection, including the results of any analyses, carried out under the Act;

(b) provide a comparison with the specifications, set out in regulation 10, for each quantity ofproduct sold or transferred to a bulk distributor, producer, bulk user or retailer or to any other person to whom the petroleum product is sold or transferred; and

(c) if requested by the Minister to do so-

(i) produce the record for inspection within the time specified in the request;

(ii) copy or report in writing to the Minister, the contents of such record as is specified in the request within thirty days of the date of receipt of the written request.

Report to Minister

18.-(1) Every person who produces, imports or exports any petroleum product specified in the Fourth Schedule shall submit to the Minister for each quarter during which the petroleum product is produced, imported or exported, within fifteen days after the last day of each quarter, the information set out in the Sixth Schedule.

      (2) Every person who is a producer, importer, bulk distributor or blender of any petroleum product specified in the Fourth Schedule and who sells, distributes or transfers such product to a retailer or to a bulk user shall submit to the Minister, in respect of each quarter during which the petroleum product is sold, and within fifteen days after the last day of each quarter, the information set out in the Sixth Schedule.

Samplingand Analysis of Petroleum Products

19. Every- .-__

(a) producer, importer, blender or bulk distributor of any petroleum product specified in the Fourth Schedule;or

(b) retailer or bulk user of gasolene or any petroleum product specified in the Fourth Schedule

shall provide the Minister or any person authorized by the Minister in writing, with a sample of such gasolene or petroleum product for the purpose of determining the composition or quality of the product compared to the specifications contained in the Second Schedule.

Nature and Disclosure of Gasolene and Diesel Additives

20.-(1) Any person who is a producer, importer, blender, bulk user or bulk distributorofgasolene or diesel fuel shall-

(a) use only those additives that are currently approved by the United States Environmental Protection Agency or in the European Union for use in such fuels;

(b) upon the request of the Minister, or a person authorized by the Minister in writing, provide the Minister or that person with information on- 

(i) the name ofany additive used; and

(ii) the purpose ofsuch additives.

     (2) The Minister, acting on the advice of the Petroleum Corporation of Jamaica, may, upon the application of any person to whom paragraph (1) applies, approve the use of any additive not specified in paragraph (1) (a) if the applicant demonstrates that the additive-

(a) is beneficial for operation of the motor vehicle;

(b) has emission products that are not harmful to the environment or to human health when used in a motor vehicle;

(c) can be safely used by persons blending the additive; and

(d)can be safely used in the product containing the additive.

     (3) The additives referred to in paragraph (l)(a) are the additives set out in the Fourth Schedule.

Offences

21.(1) Any person who offers for sale or distributes any petroleum product that does not meet the specifications contained in the Second Schedule or who contravenes regulations 14 and 14A commits an offence and is liable on summary conviction before a Resident Magistrate to-

(a) a fine not exceeding one hundred and fifty thousand dollars; or

(b) have any licence issued to him under. these Regulations revoked; or

(c) to both such fine and revocation.

     (2) Any person who contravenes regulation 16 (2), (3) or (4), 17, 18 or 19 commits an ~ffenceand is liable on summary conviction before a Resident Magistrate to a fine not exceeding one hundred and fifty thousand dollars or to have any licence issued to him under these Regulations revoked or to both such fine and revocation.

     (3) Any person who is a retailer or bulk user of any petroleum product used as a fuel and who contravenes regulation 15 or 20 commits an offence and is liable on summary conviction before a Resident Magistrate to a fine not exceeding one hundred and fifty thousand dollars or to have any licence issued to him under these Regulations revoked.

     (4) Any person who contravenes regulation 13 commits an offence and is liable on summary conviction before a Resident Magistrate to a fine not exceeding one hundred and fifty thousand do1lars. Role ofMinister

22. The.Minister, acting on the written advice of the Jamaica Bureau of Standards, may-

 (a) add to the list of petroleum products and fuels set out in the Fourth Schedule;

 (b) revise the specifications and test methods set 'out in the Second Schedule;

(c) prescribe gasolene or diesel fuel additives, in addition to those specified in regulation 20 (I), which shall be allowed for use in Jamaica.

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