§ 192 — Sale and delivery of petroleum products

§ 192. Sale and delivery of petroleum products. 1. No device shall be\nused for the purpose of dispensing and measuring petroleum products\nunless the owner of such device has complied with section one hundred\neighty-two of this article.\n 2. a. Devices equipped with automatic temperature compensation shall\nbe used only if the device is used exclusively for wholesale\ntransactions.\n b. Automatic and non-automatic temperature compensation shall not be\napplied to retail sales of petroleum products.\n 3. Any person owning or operating any vehicle used for the delivery of\nany petroleum product and carrying any weighing, measuring or pricing\ndevice used in relation thereto shall submit such vehicle for inspection\nand testing to the weights and measures official of the municipality in\nwhich such vehicle is principally stored or kept. Such submission shall\nbe done at least annually and at a location designated by the municipal\ndirector.\n 4. Except where otherwise agreed to by the parties in writing, all\npetroleum products delivered from a vehicle shall be measured by meter\nor other measuring device. Where petroleum products delivered from a\nvehicle are measured by meter, the seller shall provide the buyer with a\nmechanically prepared metered document which shall show the actual\nquantities of all grades of petroleum products delivered. Where\npetroleum products delivered from a vehicle are not measured by meter,\nthe seller shall provide the buyer a mechanically prepared metered\ndocument which shall show the actual quantities of all grades of\npetroleum products transferred to the vehicle. The delivery ticket shall\nalso contain the name and address of the seller and buyer, the date\ndelivered, price per unit measure and total price; provided, however,\nthat such delivery ticket need not set forth the total price if within\nfive days after delivery the seller provides the buyer with a written\nstatement setting forth all the foregoing information including the\ntotal price. All deliveries of home heating fuel oil shall be measured\nby meter, the delivery tickets shall be serially numbered, and a copy\nretained by the seller for a period of one year.\n 5. a. It shall be unlawful for any person, firm or corporation to sell\nor offer for sale at retail for use in internal combustion engines in\nmotor vehicles or motorboats any motor fuel unless such seller shall:\n (i) post and keep posted on the dispensing device from which such\nmotor fuel is sold or offered for sale a sign or placard, at least\ntwelve inches in height and at least twelve inches in width, stating\nclearly and legibly with the whole cent numerals at least nine inches in\nheight and at least two inches in width, the selling price per gallon of\nsuch motor fuel; or\n (ii) where such individual pump or dispensing device dispenses more\nthan two differently priced grades of motor fuel, only the highest and\nlowest selling price per gallon of such motor fuel dispensed therefrom\nmust be posted thereon in conformance with all other provisions of this\nsubdivision; or\n (iii) where a multiple product dispensing device is capable of\ndispensing multiple products at multiple prices, then the selling price\nper gallon may be posted thereon with numerals at least one-half that\nheight and one-half that width required by subparagraph (i) of this\nparagraph, although numerals representing tenths of a cent may be\ndisplayed at no less than one-half those dimensions which disclose the\nselling price per gallon of such motor fuel dispensed therefrom.\n The signs and selling prices shall be posted so as to be clearly\nvisible to the driver of an approaching motor vehicle or motorboat. The\nname, trade name, brand, mark or symbol, and grade of quality\nclassification, if any of such motor fuel shall be permanently imprinted\non said motor fuel dispensing device. The provisions of this subdivision\nshall not apply to a city, county, town or village which has already\nenacted and continues in effect a local law, ordinance, rule or\nregulation in substantial conformity with this subdivision. The\nprovisions of this subdivision shall be enforced in the counties outside\nthe city of New York by the county or city director of weights and\nmeasures, as the case may be, and in the city of New York by the\ndepartment of consumer affairs.\n b. Any person who shall violate the provisions of this subdivision\nshall be liable to a civil penalty of not more than one hundred dollars\nand for any subsequent violation shall be liable to a civil penalty of\nnot more than five hundred dollars.\n 6. Gasoline stations; air pumps required. a. Definition. As used in\nthis subdivision: "dealer" shall mean any person owning or operating a\npremise or facility with four or more gas dispensing nozzles for the\nretail sale of motor fuels for use in motor vehicles.\n b. Any dealer must provide on the premises where motor fuel is sold at\nretail for use in motor vehicles a functioning motor driven air\ncompressor capable of inflating automobile tires for use by customers\nduring hours in which such station is open for business. Jurisdiction in\nall matters pertaining to this subdivision shall be vested exclusively\nin the state. Any provision of any local law or ordinance or any rule or\nregulation promulgated thereto governing tire inflation operation or\nequipment shall upon the effective date of the chapter of the laws of\ntwo thousand twenty that amended this paragraph be preempted. Nothing in\nthis section shall be construed to restrict a municipality from\nenforcing the provisions of this subdivision as it relates to providing\nfunctioning tire inflation equipment as required by the commissioner.\n c. Wilful failure to comply with the provisions of this subdivision\nshall subject a dealer to a civil penalty of up to twenty-five dollars\nfor each day such failure occurs. If the failure to comply results from\nthe breakdown of the air compressor, the failure to repair within a\nreasonable time shall constitute wilful conduct.\n