Motor Spirit and Substitute Liquid Fuels Act 1942 (WA)
| 1943.] | Motor Spirit and Substitute Liquid [No. 1. |
Fuels.
MOTOR SPIRIT AND SUBSTITUTE
LIQUID FUELS.
6 0 AND i Uno. VI., No. XLINT.
No. 1 of 1943.
AN ACT to provide for the regulation of the sale of motor spirit and substitute liquid fuels and for other purposes connected therewith.
[Assented to 16th February, 1943.]
BE it enacted by the King's Most Excellent Majesty,by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:
| L (1) This Act may be cited as the Motor Spirit and short tide | and com- |
| Substitute Liquid Fuels Act, 1942. | atonement. |
| 31 of 1941, |
(2) Tins Act shall come into operation on a date to s. 1 (1) and
| be fixed b y proclamation. | 2 (I). |
2. This Act shall be construed subject to the Common- construe-
wealth of Australia Constitution Act and so as not to aTii: 2 (2).
exceed the legislative power of the State, to the intent
that, where any provision. of this Act or of the regula-
tions or the application thereof to any person or circum-
stance is held invalid, the remainder of this Act or of
such regulations and the application of such provision
to other persons or circumstances shall not be affected.
| No. 1.] | Motor Spirit and Substitute Liquid | [1943. |
Fuels.
interpre-
| tation. | 3. (1) In this Act, unless the context or subject- |
| ibid. s. 3. | matter otherwise indicates or requires- |
"Benzole" means a refined spirit manufactured in Western Australia and derived from coal, and consisting essentially of benzene, suitable for blending with motor spirit for use in internal combustion engines.
"Government Analyst" means the person for the time being holding the office of Government Mineralogist and Analyst under appointment by the Governor or the person so appointed to per- form the duties of Government Mineralogist and Analyst.
"Inflammable liquid" means liquid petroleum, kero-
| . | 15 | of |
Vin. s. 6. sere, and any liquid or spirit derived wholly or
in part from any petroleum, shale, schist, coal, peat, bitumen, or any other similar substance and which has a true flashing point of less than one hundred and fifty degrees fahrenheit; and any other liquid which the Governor by procla- mation declares to be an inflammable liquid.
"License" means a license issued under this Act.
"Mineral spirit" means any liquid or spirit derived
No. 15 of
| 1915, s. 7 | wholly or in part from any petroleum, shale, |
| (a). | |
| schist, coal, peat, bitumen or any other similar substance which has a true flashing point of less than seventy-three degrees fahrenheit. |
"Minister" means the Minister of the Crown from time to time charged with the administration of this Act.
"Motor spirit" means mineral spirit used or adopted or intended to be used for the propul- sion of any motor vehicle, but does not include substitute liquid fuel.
The expression does not refer to or include motor spirit which is the subject of interstate trade or commerce within the meaning of section ninety-two of the Commonwealth Constitution while it is the subject of such trade or commerce, but refers to and includes only such motor spirit
| 1943.] | Motor Spirit and Substitute Liquid | [No. 1. |
Fuels.
as is for the time being part of the general mass of property in this State which is completely under the power and control of this State.
"Power alcohol" means anhydrous ethyl alcohol manufactured in Western Australia and methy- lated as prescribed by regulations made pursuant to subsection (4) of section fourteen of the Spirits Acts, 1906-1935, of the Parliament of the Commonwealth of Australia.
"Sell" includes barter or exchange, and offer or attempt to sell or send forward or deliver for sale and cause or suffer or allow to be sold or offered for sale.
"Substitute liquid fuel" means benzole and power alcohol produced in Western Australia by any person undertaking in Western Australia the production of benzole or power alcohol, and includes any other liquid suitable for blending with motor spirit for use in internal combustion engines which the Governor by proclamation declares to be a substitute liquid fuel.
cf. N.S.W.,
| "True flashing point" in relation to inflammable liquid and to mineral spirit means the true flash- | No. 15 of 1915, s. 8 |
| and Schedule. |
ing point as defined in the Schedule to this Act when the spirit is tested in the manner set forth in the said Schedule, with such alterations and additions (if any) as are made in the same in pursuance of this Act.
(2) The Governor may by proclamation
| (a) | declare any liquid to be an inflammable liquid; | ||
| (b) | declare any liquid, which is manufactured or produced in Western Australia and which is suitable for blending with motor spirit for use in internal combustion engines to be a sub- stitute liquid fuel; and | ||
| (c) |
|
(6).
liquid or mineral spirit and the construction
of test apparatus:
Provided that the standard model of any apparatus made in pursuance of such proela mation deposited with the Government Analyst shall be so constructed as to give flash points corresponding to those given by the apparatus prescribed in the said Schedule.
| No. 1.3 | Motor Spirit and Substitute Liquid | [1943. |
Fuels.
Person
4. (1) Subject to this Act, from and after the ex-
selling motor
spirit to be
| holder of | piration of one month after the commencement of this |
| license | |
| N S.W., No. | Act, no person shall in this State, either as principal or |
| SI of 1041, | as agent, sell to any other person for delivery in this State any motor spirit which at the time of such sale is situate in this State unless he is the holder of a license issued under this Act: |
| Provided that any person who buys motor spirit for the purposes of sale from a person who holds a license under this Act shall be deemed to comply with the pro- visions of this section upon proof that the person from whom he buys such motor spirit is so licensed, and any such person shall, for the purposes of this Act and the regulations, be deemed to be a licensed person and the agent of the licensee accordingly. | |
| (2) Any person who sells any motor spirit in contra- vention of the provisions of subsection (1) of this section shall be guilty of au offence. | |
| Penalty—For a first offence, fifty pounds; for any sub- sequent offence, two hundred pounds, with a minimum penalty of twenty pounds. | |
| Licenses. |
| ibid. s. 5. | 5. |
(1) Application for a license or for the renewal of a license under this Act shall be in the prescribed form, and shall contain such particulars as may be prescribed.
(2)
Every such application shall be lodged with the Minister or with a person authorised in writing by the Minister to act on his behalf, and shall be accompanied. by the prescribed fee.
Every license shall be issued by the Minister or a
person authorised in writing by the Minister to act bn
his behalf.
(3)
All licenses required under this Act shall be applied
for annually on or before the first day of July in each
and every year and shall have effect for one year :
(4)
Provided that-
(i) where a license is applied for within fifteen days after the first day of July such license shall be deemed to have been applied for as from such first day of July, and where such license is applied for on a day more than fifteen days after the first day of July in any year, such license shall take effect as from the day when
| 1943.] | Motor Spirit and Substitute Liquid | [No. 1. |
Fuels.
the license is actually granted, and shall con- tinue in force until the thirtieth day of June next ensuing and no longer ;
(ii) where application for any license is made in any year after the thirty-first day of December, the applicant shall be required to pay only one-half of the amount of the license fee prescribed for a full year's license.
The Minister or the person authorised in writing by the Minister to act on his behalf may refuse to issue a license to any person who was previously the holder of a license under tins Act but whose license has been cancelled.
(5)
The Minister or the person authorised by the Minister as aforesaid may refuse to renew the license of any person who has committed any breach of or who has neglected or failed to comply with any of the require- ments of this Act.
(6)
6. (1) If the Minister is satisfied that any holder of c?r,Teeengem.-
a license has failed to comply with the provisions of "l"- S. 9'
section eight of this Act, or is persistently acting in
breach of any provision of this Act, he may give notice
to such person of his intention to cancel the license of
such person, giving his reasons for his decision.
(2) The decision of the Minister to cancel any license shall not be carried into effect until the time for lodging an appeal against his decision has expired, nor while any appeal against such decision is pending.
7. (1) Where the Minister gives notice under section Appeal
six of this Act of his intention to cancel a license, or reVilantl trot. or the person making the application, as the case may be, may appeal, in accordance with the regulations, to the local court exercising jurisdiction in the district within which the place of business of such holder or person is situated.
where the Minister or the person authorised in writing ilbeld.Thesi
by the Minister to act on his behalf refuses, pursuant
to subsection (5) or subsection (6) of section five of this
(2) Every such appeal shall be in the nature of a rehearing.
| No. 1.] | Moto•• | Spirit and Substitute Liquid | [1943. |
Fuels.
(3)
Notice of appeal in the prescribed form shall be given by the appellant to the Minister or to the person authorised by the Minister as aforesaid within thirty days after the receipt by him of the notice of intention to cancel the license or of the notification to him that the issue or renewal of the license has been refused.
(4)
The decision of the local court upon any appeal under this section shall be final and conclusive and shall be binding upon the appellant or the Minister or the person authorised by the Minister as aforesaid, as the case may be.
Holder of
| license to | 8. (1) The holder of every license shall, during the |
purchase sub- currency thereof, purchase and pay at the prescribed
solute liquid
fuei in
| scribe | bed pee- price for a quantity of each class or type of substitute |
q uantities.
| ibid. s. 6. | liquid fuel not less than a quantity equal to a prescribed number of gallons for every one hundred gallons of motor spirit sold by him during the period of such currency. |
(2)
The prescribed price shall be the price fixed as provided for in section nine of this Act.
(3)
The regulations may prescribe different quantities
in respect of different classes or types of substitute
liquid fuel.
(4) Provided that
(a) in calculating for the purposes of this section the number of gallons of motor spirit sold by any holder of a license-
(i) account shall not be taken of sales of motor spirit produced in Australia from indigenous shale; and
(ii) subject to paragraph (i) of this pro- viso there shall be taken into account only those sales in respect of which a license is required to be held by him under section four of this Act ;
(b) in the ease of any sale as agent by any holder of a license, the provisions of this section shall be deemed to have been complied with as re- gards such sale upon proof that the principal is the holder of a license and has duly coin-
| plied with the provisions of this section; |
| 1943.] | Motor Spirit and Substitute Liquid | [No. 1. |
Fuels.
(e) in the case of any sale of motor spirit by a non- licensed person which has been purchased by him from a licensed person, such non-licensed person shall be deemed to be the agent of the licensed person in respect of such sale.
(5) If the holder of a license commits any breach of or neglects or fails to comply with the requirements of subsection (1) of this section he shall be guilty of an offence.
Penalty—One hundred pounds.
(6) It shall be a sufficient defence to any proceedings
under this section if the holder of the license proves
(a) that he was unable to obtain any substitute liquid fuel of the class or type referred to in the charge; or
(b) that he was able to obtain only a specified quantity of substitute liquid fuel of the class or type referred to in the charge and that he purchasedsuch specified quantity of that substitute liquid fuel.
Prescribed
| 9. (1) Where a price for any class or type of sub- stitute liquid fuel is fixed under and in accordance with regulations (in this section hereinafter referred to as the Commonwealth Regulations) made under the National Security Act, 1939-1940, of the Parliament of the Com- monwealth of Australia, the prescribed price for that class or type of substitute liquid fuel shall be the price for the time being so fixed. | price. ibid. s, 7 |
| (2) Subject to subsection one of this section, the fol- lowing provisions shall apply to and in respect of the fixation of the prescribed price for benzole produced in this State by a person producing benzole from coal in this |
| State | :— | • |
(A) (i) For the purposes of this Act there shall be a committee, to be known as the Substitute Liquid Fuel Prices Committee.
(ii) The committee shall consist of a chairman and two other members, all appointed by the Governor.
(iii) The chairman and members of the committee shall hold office during the pleasure of the Governor.
| No. 1.] | Motor Spirit and Substitute Liquid | [1943. |
Fuels.
(iv) Every appointment and every termination of an appointment of the chairman or of a member of the committee shall be notified in the Government Gazette.
| (v) | At any meeting of the committee the chairman, if present, and, in his absence, the member who is senior in appointment, shall preside. |
(vi) The chairman, and any member of the com- mittee, or the two members other than the chairman shall form a quorum thereof.
(vii) The chairman and every member of the com- mittee shall have a deliberative vote on every question before the committee, and, in the event of the votes for and against any proposal being equal, the chairman of the meeting shall have a casting vote.
(viii) The chairman and members of the committee may, out of moneys provided by Parlia- ment for the purpose, be paid such fees, allowances, and expenses as may be prescribed.
(ix) The committee shall exercise the functions conferred upon it by this Act or by regula- tions.
(x) So far as may be necessary or expedient, the committee shall exercise its said functions in co-operation with or after consultation with such authorities of the Commonwealth of Australia and of the other States as may be prescribed.
(xi) The committee may conduct any inquiry which it thinks will assist it in making any recom- mendation for the purposes of this Act, and in relation to and for the purposes of such inquiry shall have all the powers of a Royal Commission under the Royal Commis- sioners' Powers Act, 1902.
(B) The prescribed price for benzole produced. by any person aforesaid shall be fixed from time to time by the Governor by proclamation on the recommendation of the Substitute Liquid Fuel Prices Committee appointed as hereinbefore provided; and upon publica-
| 1943.] | Motor Spirit and Substitute Liquid | [No. 1. |
Fuels.
tion of such proclamation in the Government
Gazette, the price of benzole fixed thereby
shall -for the time being be the prescribed
price for such benzole:
Provided that the Governor may at any time and from time to time on the recom- mendation of the Substitute Liquid Fuel Prices Committee revoke or vary or amend any proclamation issued under this para- graph by a subsequent proclamation.
(C) Where a price for benzole produced in this State as aforesaid has been fixed under and in accordance with the Commonwealth Regu- lations, lint the control of the price of such benzole is terminated either by reason of the expiration of the National Security Act, 1939-1940, aforesaid or for any other cause-
the price in force under the Com- monwealth Regulations immediately before the control was so terminated shall be the prescribed price until a price is fixed in accordance with the foregoing provisions of this subsection;
(i)
(ii) in making any recommendation of the price to be fixed for such benzoic by the Governor after such control is termin- ated, and before the first day of January, one thousand nine hundred. and fifty-seven, the Substitute Liquid Fuel Prices Commit- tee shall recommend the variation of the prescribed price existing immediately before the making of its recommendation to the extent necessary to take into account the following matters only
(a) any increase or decrease in the amounts payable by the persons producing benzole in respect of-
(i) labour and materials used in the recovery, rectification, and dis- tribution of benzole, and the repair and maintenance of the plant used in connection therewith;
| No. 1.] | Motor Spirit and Substitute Liquid | [1943. |
Fuels.
(ii) excise duty, Commonwealth and State taxation, and local gov- ernment rates, and
(b) where the persons producing benzole are also producing gas or other products from coal, any increase or decrease in the cost of producing such gas or other products which is attributable to the recovery of benzole.
(3) (a) In any case to which the provisions of sub- section one or subsection two of this section do not apply, the prescribed price shall be the price fixed by or under the regulations made under this Act.
(b) The regulations may prescribe the basis or bases or method of determination as to what shall constitute the prescribed price.
| Licensee to | 10. | (1) The holder of a license who purchases sub- |
| sell substi- |
| tute liquid | stitute liquid fuel pursuant to this Act shall sell such |
| fuel as | |
| motor spirit. | substitute liquid fuel as motor spirit and not otherwise. |
| ibid. s. 8. | |
| (2) If the holder of a license commits any breach of or fails to comply with the requirements of subsection (1) of this section, he shall be guilty of all offence. |
Penalty—two hundred pounds.
| Inspection of | 11. |
(1) Any person authorised in writing in that behalf by the Minister may at any time, and from time to time, inspect any books, accounts, registers, documents or writings in the custody or control of a holder of a license, and may take notes, copies or extracts thereof or therefrom.
books, etc.
ibid. s. 11.
(2) Any holder of a license or agent or clerk or ser- vant of such holder who-
| (a) | neglects, obstructs, or refuses to produce for inspection to any person so authorised as aforesaid any books, accounts, registers, docu- ments or writings as aforesaid ; or |
| (b) | obstructs or refuses to allow any such person so authorised as aforesaid to take notes, copies or extracts of or from any books, accounts, registers, documents or writings as aforesaid; or |
| 1943.] | Motor Spirit and Substitute Liquid | [No. 1. |
(c) refuses to answer any question of the person so authorised as aforesaid in relation to any books, accounts, registers, documents or writ- ings as aforesaid, or wilfully gives any un- , truthful answer to such question—
shall be guilty of an offence.
Penalty—One hundred pounds.
| 12. (1) livery person who either as principal or | Person sekin |
| motor spirit |
| agent sells to any other person for delivery in this State | proper books |
| to keep |
| any motor spirit which at the time of such sale is situate | s. 12 |
| in this State shall keep proper books and accounts, in which shall be recorded every such sale, and set forth with full particulars and in a manner that can be readily understood or as may be prescribed. |
The Minister or any person authorised in writing in that behalf by the Minister may require any such person to alter his method of keeping his books, if, in the opinion of the Minister or such authorised person, they are not kept in a satisfactory manner.
(2)
Any person neglecting, refusing or failing to com- ply with the provisions of subsection (1) of this section, or to comply with the requisition of the Minister or auth- orised person under subsection (2) of this section, shall be guilty of an offence.
(3)
Penalty—One hundred pounds.
13. (1) The Minister or the person authorised in litTels"'
writing by the Minister to act on his behalf shall enter 'bid. s'
in a register, to be kept for the purpose, a record of all
licenses issued under this Act, in which. shall be entered
particulars of the date of the grant, renewal, or cancella-
tion of each license and such other particulars (if any)
as may be prescribed.
(2) A copy of any entry in such register, purporting
to be signed by the Minister or the person authorised by
the Minister as aforesaid, shall be prima foci, evidence
of the truth of the matters stated in such copy.
| 14. (1) Every holder of a license shall have a re, is- Registered | °Mee. |
| tared office in this State. | ibid. s. 11 - |
| (2) All writs, summonses, notices, and other documents required or authorised to be served on or given to the holder of a license shall be deemed to be duly served or given if left for him at his registered office. |
No. 1.] Motor Spirit and Substitute Liquid [1943.
Fuels.
The address specified in the application for a license as the address at which the applicant proposes to carry on business shall, upon the grant of the license, be deemed to be the registered office of the holder of the license.
(3)
(4)
Notice of any change in the situation of the regis- tered office shall be lodged by the holder of the license with the Minister, or the person authorised in writing by the Minister to act on his behalf, within the prescribed time.
If any holder of a license carries on business with-
out complying with the requirements of this section, he
shall be guilty of an offence.
(5)
Penalty—Fifty pounds, and, in addition, a penalty of five pounds for every day or part of a day during which the offence continues.
Taking
| samples. | 15. (1) Any person authorised in writing in that be- half by the Minister, may, at any time, and from time to time, without payment for the same, take a sample of any substance considered to be au inflammable liquid or a mineral spirit found in the possession of the holder of any license under this Act, or of any other person, and intended for sale as motor spirit for the purpose of examining and testing the same. |
| (2) When any sample is taken as aforesaid, the person taking the same shall |
| (a) | divide the sample into three approximately |
equal parts;
| (b) | place each such part in a separate container, |
and seal or fasten each such container;
| (c) | place on each such container a label stating, so far as is known, the name of the occupier of the place where the sample was taken; |
| (d) | deliver one of the parts to the person in charge or apparently in charge of the place where the sample was taken; |
| (e) | retain one of such parts for future comparison; |
and
| (f) | forward the other part for analysis by an |
approved analyst.
(3) The Minister may approve of any persons to be approved analysts for the purposes of this section.
| 1943.] | Motor Spirit and Substitute Liquid | [No. 1. |
Fuels.
In ally proceedings taken in respect of an offence alleged in relation to any inflammable liquid or mineral spirit, a sample of which has been taken as aforesaid, a certificate in writing under the hand of the approved analyst who has analysed the same, setting forth the result of his analysis, shall be admissible ill evidence, and the statement on such certificate that such analyst is an approved analyst within the meaning of the section,
(4)
shall be prima facie evidence that such analyst is such
an approved analyst.
If in any such proceedings aforesaid the defend- ant disputes the analysis of the approved analyst to whom a part of the sample has been forwarded, as provided for in paragraph (f) of subsection (2) of this section, the third part of such sample shall be forwarded to the Government Analyst for analysis, and his analysis or an analysis made by an officer on the staff of the Govern- ment Analyst shall be final and conclusive.
(5)
General
| (1) Any person who commits a breach of or neglects or contravenes or -fails to comply with any of | penalty. |
| ibid. s. 15. | |
| (1). | |
| the provisions of this Act shall be guilty of all offence. | |
| (2) Any person guilty of an offence shall, where no other penalty is expressly provided, be liable on convic- tion to a penalty not exceeding two hundred pounds. | |
| Liability in |
16.
| Where any act which by this Act is declared to be an offence, and which is committed by a body corporate, | case of eon |
| porations. |
17.
s. 15
| is proved to have been committed with the consent or | (2). |
| approval of any director, manager, secretary, or other officer of the body corporate, he, as well as the body corporate, shall be deemed to be guilty of the offence, and he may be proceeded against and punished accord- ingly. | |
| Recovery of |
| Any penalty imposed by this Act or the regula- tions in respect of any offence against this Act or the | penalties. |
| ibid. s. 16 | |
| (1). | |
| regulations may be recovered summarily in a court of petty sessions holden before a stipendiary or resident magistrate under the Justices Act, 1902-1936. |
18.
19. In any proceedings under or for the purposes of =p er' te.
| this Act or the regulations— | (2), |
(a) the averment of the prosecutor that the defend-
ant was not, at the time of the commission of
the alleged offence, the holder of a license shall
| No. 1.] | Motor Spirit and Substitute Liquid | [1943. |
Fuels.
be deemed to be proved in the absence of
proof to the contrary;
| (b) | every entry in any book kept by or belonging to any person or found on the premises of any person shall be deemed, unless the contrary is shown, to have been made by or with the authority of such person; |
| (c) | the person named as Government Analyst, or as an officer on the staff of the Government Analyst, in any complaint, certificate or other document tendered as evidence, shall be deemed to be the Government Analyst or officer, aforesaid, in the absence of proof to the contrary; |
| (d) | the certificate of the Government Analyst or officer aforesaid with respect to any article analysed or tested in pursuance of this Act shall be evidence of the facts therein stated, unless the defendant or person charged gives notice in writing to the plaintiff, or prose- cutor, at least twenty-four hours before the time fixed for the hearing in such proceedings, that he requires the Government Analyst or the officer aforesaid to be called and give evidence in person. |
resting of
| neral | 20. (1) A standard model of the apparatus for test- |
| spirit. | ing inflammable liquid and mineral spirit to determine |
| N.S.W. | , No. |
15 of 1915.
| Ss. 25 to 28. | the true flashing point thereof as prescribed by this Act shall be deposited with and be kept in the office of the Government Analyst. |
(2)
The Governor may by a proclamation issued under paragraph (e) of subsection (2) of section three of this Act, declare that any new model shall be the standard model, and that any then existing model shall cease to be the standard model.
(3) Apparatus constructed in accordance with the Schedule to this Act may from time to time be submitted to the Government Analyst aforesaid for the purpose of being compared with the standard model and verified.
The Government Analyst may, on receipt of the
prescribed fees, and subject to the prescribed condi-
tions
(4)
(a) stamp such apparatus, if found to be accurate,
| with a mark, date and number ; |
| 1943.] | Motor Spirit and Substitute Liquid | (No. 1. |
Fuels:
(b) stamp such apparatus, if found to be inaccurate,
with a statement showing the error in such
apparatus, and with a mark, date and number.
(5) Any test made by an apparatus shall be deemed
inaccurate, unless such apparatus has been compared
with the standard model, found by the Government
Analyst to be accurate, and stamped as aforesaid within
five years from the date of such test being made.
21. (1) The Governor may make regulations, not Regulations.
inconsistent with this Act, prescribing all matters which rfa. by this Act are required or permitted to be prescribed 1941, s. 17.
-or which are necessary or convenient to be prescribed
for carrying out or giving effect to this Act.
(2) Without prejudice to the generality of subsection (1) of this section, the Governor may make regulations for or with respect to
| (a) | applications for licenses, and the form and manner thereof, and the form, terms, provi- sions, and conditions of the license and the fee payable therefor ; |
| (b) | the functions of the Substitute Liquid Fuel Prices Committee, and the fees, allowances and expenses to be payable to the chairman and the members thereof; |
| (c) | appeals against refusal of the issue or renewal of licenses, or the cancellation of licenses, including court fees and costs of appeal; |
| (d) | the mode of proof of purchase by a person of motor spirit from a licensee, including any prescribed certificate or invoice to be fur- nished by licensees or other persons to per- sons buying motor spirit for sale ; |
| (e) | forms of returns and of statistics to be made and furnished to the Minister, and the contents thereof, and the persons (whether licensees or not) by whom the same shall be made, and the time and. mode of making and furnishing the same ; |
| (f) | the form of any notice, order, or other docu- ment under this Act ; |
| (g) | the manner of service of any notice, order or other document under this Act, and the effect of service thereof in the prescribed manner ; |
| No. 1.] | Motor Spirit and Substitute Liquid | [1943. |
Fuels.
(h) the fees payable and the conditions to be im- posed in relation to verification of the accur- acy of apparatus for testing inflammable liquid and mineral spirit.
(3) The regulations may impose a penalty not exceed- ing fifty pounds for any breach of the regulations.
SCHEDULE.
| Section S. | N.B.—In this Schedule the expression "liquid" means any liquid to be tested for the purpose of ascertaining its character as inflam- mable liquid or mineral spirit; degrees of temperature are according to Fahrenheit's thermometer. |
I.—Nature of the Test Apparatus.
The apparatus consists of the following parts:-
1. A liquid cup.
2. A cover, with slide, test lamp for liquid, or test-flame arrangement for use with gas, and clockwork arrange- ment for opening and closing the holes in the cover, and for dipping the test-flame.
3. A water bath or heating vessel.
4. A tripod (with jacket), and spirit lamp or gas arrange-
ment for heating the water bath.
5. A round bulb thermometer for testing the temperature of the liquid, with scale ranging from 55 degrees to 160' degrees.
6. A long bulb thermometer for testing the temperature of the water, with scale ranging from 90 degrees to 220 degrees.
7. A mercurial or aneroid barometer.
The liquid cup is a cylindrical flat-bottomed vessel, 2 inches in diameter, 2 2/10 inches in height (internal), made of gunmetal or brass (17 B.W.G.), and tinned or silvered inside.
It is provided with a projecting rim, 5/10 inch wide, Ws inch from the top, and 11/2 inch from the bottom of the cup, on which it rests when inserted in the water bath.
A gauge is fixed on the inside of the cup to regulate the height to which it is to be filled with the sample under examination.
The distance of the point from the bottom of the cup is 11/2 inch. The cup is provided with a close-fitting overlapping cover, made
of brass (22 B.W.G.) which carries the thermometer, the test-lamp, or
test-flame arrangement, and the adjuncts thereto.
The test-lamp, which has a spout, the , mouth of which is 1/16 inch in diameter, or test-flame arrangement, is suspended upon two supports by means of trunnions, which allow it to be easily inclined to a par- ticular angle and restored to its original position.
The socket in the cover, which is to hold a round bulb thermometer
for indicating the temperature of the liquid during the testing opera-
tion, is so adjusted that the bulb of the latter is always inserted to
| distance of 11/2 inch below the centre, of the lid. |
| 1943.J | Motor Spirit and Substitute Liquid | [No. 1. |
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The cover is provided with three holes—one in the centre (0.2 square inch) and two smaller ones (each 0.06 square inch) close to the sides. These are closed and opened by means of a pivoted slide.
When the slide is moved so as to uncover the holes, the suspended lamp, or test-flame arrangement, is caught by a projection fixed on the slide, and tilted in such a way as to bring the end of the spout or test- flame just below the surface of the lid.
As the slide moves back so as to cover the holes, the lamp returns to its original position.
Upon the cover, in front of and in a line with the nozzle of the lamp, is fixed a white bead, the diameter of which represents the size of the test-flame to be used.
The water bath or heating vessel consists of two flat-bottomed copper cylinders (24 B.W.G.)—an inner one of 3 inches diameter and 21/2 inches height, and an outer one of 51/2 inches diameter and 5lIfi inches height; they are soldered to a circular copper plate (20 B.W.G.), perforated in the centre, which forms the top of the bath, in such manner as to enclose the space between the two cylinders, but leaving access to the inner cylinder.
The top of the bath projects both outwards and inwards about
inch—that is, its diameter is about 6/S inch greater than the body
of bath, while the diameter of the circular opening in the centre is
about the same amount less than that of the inner copper cylinder.
To the inner projection of the top is fastened, by six small screws,
a flat ring of ebonite, the screws being sunk below the surface of the
ebonite to avoid metallic contact between the bath and the liquid cup.
The ' exact distance between the sides and bottom of the bath and
the liquid cup is 1/2 inch.
The bath is therefore so constructed that when the liquid cup is placed in position an air space or air chamber intervenes between the -two; consequently, in applying the test to liquid flashing below 115 de- grees the heat is transmitted gradually to the liquid from the hot water, through the air space.
The water bath is fitted with a socket, set at a right-angle, for receiving a long bulb thermometer, to indicate the temperature of the water.
It is also provided with a funnel, an overflow pipe, and two handles. The water bath rests upon a tripod stand, which is fitted with a
copper cylinder or jacket (24 B.W.G.), a1/2, inches diameter, so that the bath is surrounded by an enclosed air space, which retains and regulates the heat.
One of the legs of the stand serves as a support for a spirit lamp, which is attached to it by a small swing bracket.
The distance of the wick holder from the bottom of the bath is
1 inch.
The clockwork arrangement by which, during the operation of testing, the slide is withdrawn and the test-flame dipped into the cup and raised again as the slide is replaced is provided with a ratchet key for setting it in action for each test, and with a trigger for starting it each time that the test-flame is applied.
From the beginning to the end of the movement of the slide the time taken is to be exactly two seconds.
| No. 1.] | Motor Spirit and Substitute Liquid | [1943_ |
Fuels.
N.B.—When gas is available it may be conveniently used instead of the liquid lamp, and for this purpose a test-flame arrangement for use with gas may be substituted.
I1.—Directions for Preparing and Using the Test Apparatus.
1. Preparing the Water Bath.
The water bath is filled by pouring water into the funnel until' it begins to flow out at the overflow pipe. The temperature of the water at the commencement of each test, as indicated by the long bulb. thermometer, is to be as follows:
| (a) | 130 degrees, when a flashing point at or about 73 degrees |
is to be observed;
| (b) | 100 degrees, when a flashing point at or about 100 degrees |
is to be observed;
| (c) | 180 degrees, when a flashing point at or about 150 de- |
grees is to be observed.
This is attained in the first instance by mixing hot and cold water, either in the bath or in a vessel from which the bath is filled, until the thermometer which is provided for testing the temperature of the- water gives the proper indication, or the water is heated in the bath by means of a spirit lamp or gas arrangement until the required tem- perature is indicated.
2. Preparing the Test Lamp.
(a) The test lamp is fitted with a piece of cylindrical wick of such thickness that it fills the wick holder, but may be readily moved to and fro for the purpose of adjusting the size of the flame.
In the body of the lamp, upon the wick which is coiled within it, is placed a small tuft of cotton wool moistened with petroleum,. any oil not absorbed by the wool being removed.
When the lamp has been lighted the wick is adjusted by means of a pair of forceps or a pin until the flame is of the size of the- bead fixed on the cover of the liquid cup.
Should a particular test occupy so long a time that the flame begins to get smaller through the supply of the oil in the lamp becom- ing exhausted, three or four drops of petroleum are allowed to fall upon the tuft of wool in the lamp from a. dropping-bottle or pipette. provided for the purpose. This can be safely done without interrupt- ing the test.
(h) When using gas for testing, the jet is to be lighted and then adjusted by means of the tap controlled by means of a screw pinch cock or fine tap until the flame is the size of the bead fixed on the cover of the liquid cup.
the Liquid Cup.
Before the liquid cup is filled the lid is to be made ready by
being placed upon the cup, i.e., the round bulb thermometer is to be-
inserted into the socket so that the projecting rim of the collar with which it is fitted touches the edge of the socket, and the test lamp is in ho placed in position.
| 1943.] | Motor Spirit and Substitute Liquid | [No. 1. |
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The liquid cup is to be cooled, when necessary, to a temperature
not exceeding
| (a) | 60 degrees, when a flashing point at or about 73 degrees |
is being observed;
| (b) | 85 degrees, when a flashing point at or about 100 |
degrees is being observed;
(e) 135 degrees, when a flashing point at or about 150
degrees is being observed,
by placing it bottom downwards in water at a suitable temperature.
The liquid cup is now to be rapidly wiped dry, placed on a level
surface in a good light, and the liquid to be tested is poured in with-
out splashing until its surface is level with the point of the gauge
which is fitted in the cup.
The lid is then put on the eup at once and pressed down so that its edge rests on the rim of the cup.
IV.—Application of the Test.
1. The water bath, with the thermometer in position, is placed in some locality where it is not exposed to currents of air, and where the light is sufficiently subdued to admit of the size of the entire test flame being compared with that of the bead on the cover.
The cup is carefully lifted, without shaking it, and placed in
the bath, the test lamp is lighted, and the clockwork wound up by
turning the key.
The thermometer in the liquid cup is now watched, and the clock- work is set in motion by pressing the trigger, when the temperature has reached
| (a) | 63 degrees, when a flashing point at or about 73 degrees |
is being observed;
| (b) | 00 degrees, when a flashing point at or about 100 degrees |
is being observed;
| (c) | 140 degrees, when a flashing point at or about 150 degrees |
is being observed.
If no flash takes place the clockwork is at once rewound and the trigger messed at the next higher degree, and eo on at every degree rise of temperature until the flash occurs.
2. When a flashing point at or above 115 degrees is being observed the air chamber is to be filled to a depth of 11/4 inches with cold water before the liquid cup containing the liquid to be tested is placed in position.
3. The temperature at which a flash occurs, if not within 8 degrees of the temperature at which the testing was commenced, is the observed flashing point of the liquid, and by correction of the observed flashing point for atmospheric pressure as hereinafter described, the true flashing point is obtained.
1. If, however, the flash takes place at any temperature within .8 degrees of the temperature at which the testing was commenced, the test is to be rejected, and the whole operation of testing is to be re- peated with a fresh portion of the sample—the testing, however, to begin at 10 degrees lower than the temperature at which the flash has been previously obtained.
| No. 1.] | Motor Spirit and Substitute Liquid | [1943. |
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If necessary, this procedure shall be repeated with fresh portions. of liquid until a flash has been obtained at a temperature not within S degrees of the temperature at which the testing was commenced.
5.
The temperature at which the last-mentioned flash occurs is the observed flashing point of the liquid, and by correction of the observed flashing point for atmospheric pressure, as hereinafter de- scribed, the true flashing point is obtained.
6.
In repeating a test a fresh sample of liquid must always be used, the tested sample being thrown away, and the cup must be wiped dry from any adhering liquid, and cooled, as already described, before receiving the fresh sample.
7.
If in any case no flash has occurred when a temperature has. been reached which is not within S degrees of the temperature at which the testing was commenced, and which, after correction for atmos- pheric pressure, is not less than 73 degrees, and the tests are not re- quired to he continued, the liquid shall be deemed to have a true flash- ing point of not less than 73 degrees.
S. If no flash has occurred when a temperature has been reached which is not within S degrees of the temperature at which the testing was commenced, and which, after correction for atmospheric pressure, is not less than 100 degrees, and the tests are not required to he con- tinued, the liquid shall be deemed to have_ a true flashing point of not less than 100 degrees.
9. In the same manner, IC no flash has occurred when a tem- perature has been reached which is not within 8 degrees of the tem- perature at which the testing was commenced, and which, after cor- rection for atmospheric pressure, is not less than 150 degrees, and the tests are not required to be continued, the liquid shall be deemed to have a true flashing point of not less than 150 degrees.
V.—Correction for Atmospheric Pressure.
As the flashing point of a liquid is influenced by changes in atmos- pheric pressure to an average of 1.6 degrees for every inch of the barometer, a correction of the observed flashing point is necessary whenever the barometer does not stand at 30 inches. This correction is to be made in the following manner:
If the barometer stands at less than 30 inches (the normal height of the barometer), add to the observed flashing point 1.6 times the difference (measured in inches) between the actual and normal baro- meter.
If the barometer stands above 30 inches, deduct from the observed flashing point 1..6 times the difference between the actual and normal barometer.
The nearest whole number to the result of this correction is to be taken as the corrected flashing point, and if the result is exactly mid- way between two whole numbers the higher whole number is to be taken.
For example: Suppose a liquid has an observed flashing point of 72 degrees, the barometer being 27.1 inches, then the difference between 30.0 inches and 27.1 inches is 2.9 inches.
This result multiplied by 1.6 is 4.64 which has to be added to 72
making 76.64.
| 1943.1 | Motor Spirit and Substitute Liquid | [No. 1. |
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The nearest whole number to this is 77 degrees, which is to be
taken as the corrected flashing point, and if the testing had been com-
menced at or below 64 degrees, the true flashing point is 77 degrees.
Again: Suppose the observed flashing point of a liquid to be 96
degrees, and the testing had been commenced at 37 degrees, and the
barometer indicated 30.6 inches.
The true flashing point of the liquid is the nearest whole number
to 06, minus the product of 0.6 multiplied by 1.6—that is 95 degrees.
The readings of the barometer are to be corrected readings, in
accordance with the corrections applicable to the instrument in use.
The instrument must be compared periodically with the standard barometer at the office of the Government Analyst and regulated thereby.
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