[HISTORY: Adopted by the Suffolk County Legislature as indicated
in article histories. Amendments noted where applicable. Uncodified
sections of certain local laws amending these provisions are included
at the end of this chapter.]
[Adopted 7-7-1981 by L.L. No. 29-1981 (Ch. 306, Art. I,
of the 1985 Code)]
A.Â
The Legislature finds that all petroleum-based fuel sold to consumers
for home heating must be delivered through a metering device, the
accuracy of which must be certified annually by the County. Most fuel
sold to consumers is delivered through meter-equipped fuel-delivery
trucks. There are at present nearly 1,000 such trucks operating in
the County. Recently, there has been a tremendous increase in the
number of unmarked fuel-delivery trucks operating in the County. This
makes it difficult for County inspectors to determine easily whether
a particular truck has had its meter properly inspected. Consumers
are also placed at a disadvantage when fuel deliveries are made from
unmarked trucks because they are often unable to identify the source
of a delivery when they have complaints concerning the quality or
quantity of the fuel they have received.
B.Â
It is, therefore, the purpose of this article to assist consumers
in coping with ever-increasing fuel costs by requiring all trucks
delivering home heating fuel at retail in Suffolk County to clearly
and conspicuously identify the truck's owner or operator. This
will assist County inspectors in assuring that each truck's meter
has been properly checked and will assist consumers in contacting
the business in case they experience any problems.
As used in this article, the following terms shall have the
meanings indicated:
The Commissioner of the Suffolk County Department of Consumer
Affairs.
Any liquid petroleum-based product used for residential heating,
which shall include, but not be limited to, kerosene, diesel oil and
those products commonly referred to as No. 1, No. 2, No. 4 and No.
6 oil.
Any motor vehicle, as such term is or may be defined in the
New York State Vehicle and Traffic Law, which is used to deliver,
sell or offer for sale fuel, as defined herein, for residential home
heating use.
A person, other than a lienholder, having the property in
or title to a vehicle. The term includes a person entitled to the
use and possession of a fuel-delivery vehicle subject to a security
interest in another person and also includes any lessee or bailee
of a fuel-delivery vehicle having the exclusive use thereof, under
a lease or otherwise, for a period greater than 30 days.
Any natural person, corporation, unincorporated association,
firm, partnership, joint venture, joint-stock association or other
entity or business organization of any kind.
A.Â
Required information. Every fuel-delivery vehicle shall conspicuously
display the following information:
(1)Â
The name of the owner. If the owner is a corporation, the name displayed
shall be the actual corporate name. If the owner is not a corporation,
then the name displayed shall be the complete name under which the
business is conducted.
(2)Â
The street address of the owner, including the street number, community
and zip code.
(3)Â
The telephone number, including the area code, of the owner.
(4)Â
If the owner owns or operates more than one fuel-delivery vehicle,
then each such truck owned or operated by him shall display a number
assigned by the owner to the vehicle, which shall be a different number
for each such vehicle so owned or operated.
B.Â
Size. All numbers and letters used to display the information required by Subsection A hereof shall be legible, clearly visible and at least two inches in height and one inch in width.
C.Â
Location. The information required by Subsection A hereof shall be displayed upon the driver and the passenger doors of the front or passenger cab or compartment of the fuel-delivery vehicle.
D.Â
Exceptions.
(1)Â
The requirements of Subsection A(2) and (3) hereof for the display of street address and telephone number shall not apply in any case where the owner's name is displayed in accordance with Subsection A(1) hereof and where the owner's street address and phone number are listed in any current edition of the Suffolk County telephone directory under the owner's name as it is displayed on the fuel-delivery vehicle.
(2)Â
The requirements of Subsection C hereof concerning the location of the information required to be displayed by Subsection A hereof shall not apply where the required information is displayed elsewhere on the fuel-delivery vehicle and the Commissioner grants written approval in accordance with § 485-4B hereof.
A.Â
This article shall be enforced by the Suffolk County Department of
Consumer Affairs.
B.Â
The Commissioner of the Suffolk County Department of Consumer Affairs shall have the power to adopt, after due notice and public hearing, rules and regulations for the enforcement and administration of this article, including but not limited to rules and regulations governing the granting of approval for the display of the information required by § 485-3A and B hereof in locations other than those required by § 485-3C hereof.
The owner of any vehicle which shall fail to display the information in the size, location or manner required by § 485-3 hereof shall be guilty of a violation and subject to a fine of up to $250. Each separate day such information shall not be displayed shall constitute a separate and distinct offense.
[Adopted 10-9-1984 by L.L. No. 26-1984 (Ch. 306, Art. II,
of the 1985 Code)]
This Legislature hereby finds that some heating fuel or liquefied
petroleum gas delivery vehicle owners are billing customers for more
fuel oil or liquefied petroleum gas than is actually delivered to
the consumer. Therefore, it is the purpose of this article to assist
customers in verifying fuel costs by requiring all trucks delivering
home heating oil or liquefied petroleum gas at retail in Suffolk County
to utilize a comprehensive delivery ticket system identifying the
actual sale and delivery of fuel oil or liquefied petroleum gas.
For the purposes of this article, the following words and phrases
shall have the meanings indicated:
Payment in full for that particular delivery of fuel oil
or liquefied petroleum gas by the customer, or his agent, who is present
at the time of delivery.
The Commissioner of the Suffolk County Department of Consumer
Affairs.
Any motor vehicle, as such term is or may be defined in the
New York State Vehicle and Traffic Law, which is used to deliver,
sell or offer for sale fuel or liquefied petroleum gas, as defined
herein, for residential, commercial or industrial use.
[Amended 2-26-1985 by L.L. No. 3-1985]
Any liquid petroleum-based product used for heating purposes,
which shall include, but not be limited to, kerosene, diesel oil and
those products commonly referred to as No. 1, No. 2, No. 4 and No.
6 oil.
Any material or substance which is predominantly composed
of any of the following hydrocarbons or mixtures of the same: propane;
propylene; butane, normal or iso- ; and butylene.
A device designed for the measurement and delivery of fuel
oil or liquefied petroleum gas.
A person, other than a lienholder, having the property in
or title to a vehicle. The term includes a person entitled to the
use and possession of a fuel-delivery vehicle subject to a security
interest in another person, and also includes any lessee or bailee
of a fuel-delivery vehicle having the exclusive use thereof, under
a lease or otherwise, for a period greater than 30 days.
Any natural person, corporation, unincorporated association,
firm, partnership, joint venture, joint-stock association or other
entity or business organization of any kind.
A.Â
All deliveries of fuel oil for heating or cooking purposes and all
deliveries of liquefied petroleum gas sold by liquid measure shall
be measured by a meter. The quantity determination of the fuel oil
or liquefied petroleum gas delivered shall be printed on a delivery
ticket by a ticket-printing mechanism connected to the meter.
[Amended 2-26-1985 by L.L. No. 3-1985]
(1)Â
The delivery ticket shall also contain the following information:
(a)Â
Date of delivery.
(b)Â
The name and address of the owner and the buyer.
(c)Â
Price per unit measure of the fuel oil or liquefied petroleum
gas delivered.
(d)Â
Grade or product identification of the fuel oil or liquefied
petroleum gas delivered.
(e)Â
Vehicle number of the fuel-delivery vehicle used to make the
delivery if the owner owns, operates or uses more than one vehicle
for the sale or delivery of fuel oil or liquefied petroleum gas.
(f)Â
Total price of the delivery; provided, however, that the total price need not be set forth if, within five days after delivery, the owner provides the buyer with a written statement setting forth all of the information required in Subsection A(1)(a), (b), (c) and (d) above, including the total price.
(g)Â
Driver's name or identification number.
(h)Â
A sequential sales number printed on the delivery ticket by
the ticket-printing mechanism connected to the meter.
(2)Â
One copy of the delivery ticket shall be left at the time and place
of delivery. Another copy of the delivery ticket must be retained
by the owner for a period of one year and shall be available for inspection
by the Commissioner or his authorized agents during the normal course
of business hours. All original delivery tickets and copies that are
voided shall be kept on file for the period of one year.
B.Â
The fuel-delivery vehicle number, as described in Subsection A(1)(e) of this section, for fuel oil shall be the same vehicle number as is marked on the delivery vehicle in accordance with § 485-3A(4) of Article I of this chapter. The fuel-delivery vehicle, as described in Subsection A(1)(e) of this section, for liquefied petroleum gas shall be a number assigned by the owner to the vehicle, which shall be a different number for each such vehicle.
C.Â
The driver's identification number, as described in Subsection A(1)(g) of this section, shall be a number assigned by the owner of the fuel oil or liquefied petroleum gas. A list of drivers' numbers shall be maintained by the owner, and such list shall be available to the Commissioner or his authorized agents during the course of normal business hours.
D.Â
If a meter is sealed prior to the effective date of this article
and its design prohibits compliance with this article, then the owner
is exempt from the requirements of this article as long as the meter
continues to be owned and operated by the same owner as of the effective
date of this article, but in no event longer than one year from the
effective date of this article.
E.Â
If a delivery of fuel oil or liquefied petroleum gas is conducted
on a COD or cash-on-delivery basis, then the driver of the fuel-delivery
vehicle shall be required to obtain the signature of the purchaser
or the purchaser's agent on the delivery ticket prior to the
ticket's insertion into the ticket-printing mechanism.
F.Â
Only one delivery ticket at a time may be inserted into the ticket-printing
mechanism, and said ticket shall not be inserted until immediately
before a delivery has begun. The possession of a preprinted ticket
imprinted with a gallonage amount in advance of a delivery shall be
prima facie evidence of intent to use such ticket in violation of
this section.
The presence of any ticket-printing mechanism on board a fuel-delivery
vehicle, other than the ticket-printing mechanism attached to and
being driven by the meter of said fuel-delivery vehicle, shall be
prohibited.
A.Â
The Commissioner of the Suffolk County Department of Consumer Affairs,
or an authorized agent, is hereby authorized to enter and go into
or upon, without warrant, any fuel-delivery vehicle, while such vehicle
is on a public street, highway or thoroughfare, to inspect or examine
the metering system, ticket-printing mechanism, vehicle tank compartments
and delivery tickets then in the actual possession or under the control
of the person operating that fuel-oil-delivery vehicle. Any such delivery
tickets suspected of constituting a deceptive or fraudulent practice
or of violating any section of this article may be seized by the Commissioner
or his authorized agents.
[Amended 2-26-1985 by L.L. No. 3-1985]
B.Â
The Commissioner is hereby authorized to adopt such rules and regulations
as he shall deem necessary and sufficient to carry out the purposes
of this article.
This article shall be enforced by the Suffolk County Department
of Consumer Affairs.
Failure to comply with any provision of this article shall constitute
a violation punishable by a fine of up to $500 or 15 days in jail,
or both, for a first offense; and a fine of up to $1,000 or 30 days
in jail, or both, for a second or subsequent offense.
