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ARRANGEMENT OF REGULATIONS
Regulation
Preliminary Provisions
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1.
Purpose of Regulations
2.
Application of Regulations
3.
Bulk Road Vehicle Tracking
Scheme
4.
Procurement of a bulk road
vehicle tracking service
provider
Kdk Road Vehicle Tracking
Service Provider
5.
Responsibilities of a bulk road
vehicle tracking service
provider
6.
Installation of tracking devices
7.
Bulk road vehicle tracking
certification
Tracking and Monitoring of
Petroleum Products
8.
Tracking of petroleum products
9.
Monitoring of the distribution
of petroleum products
Petroleum Service Provider
10.
Responsibilities of a petroleum
service provider
11.
Duty to inform Authority
12.
Unified Petroleum Price Fund
Fuel Delivery Note
Delivery and Diversion of
Petroleum Products
13.
Delivery of petroleum products
14.
Frustrated delivery
15.
Diversion of petroleum products
Miscellaneous Provisions
16.
On-site verification
17.
Access to bulk road vehicle
tracking system
18.
Validation of freight cost
19.
Administrative penalties
20.
Offences and penalties
21.
Interpretation
SCHEDULES
FIRST SCHEDULE
Installation Certificate
SECOND SCHEDULE
Inspection Certificate
THIRD SCHEDULE
Bulk Calibration Certificate
FOURTH SCHEDULE
UPPF Fuel Delivery Note
FIFTH SCHEDULE
Frustrated Delivery Form
IN exercise of the power
conferred on the National
Petroleum Authority by section
80 (l)(n) of the National
Petroleum Authority Act, 2005
(Act 691),. thes Regulations are
made this 12th day of October,
2016.
Preliminary Provisions
Purpose of Regulations
1. The purpose of these
Regulations is to provide for a
bulk road vehicle tracking
scheme to
(a)
momtor the distribution of
petroleum products
(1) between bulk supply points,
(ii) from bulk supply points to
delivery points, and
(iii) from bulk supply points to
bulk customer points; and
(b)
detect and prevent violations in
the distribution of petroleum
products
(i) between bulk supply points,
(ii) from bulk supply points to
delivery points, and
(iii) from bulk supply points to
bulk customer points.
Application of Regulations
2. (1) These Regulations apply
to
(a)
a petroleum service provider,
(b)
an authorised agent of a
petroleum service provider,
(c)
a bulk road vehicle tracking
service provider, and
(d)
an authonsed agent of a bulk
road vehicle tracking service
provider
(2) For purposes of
subregulation (1), an authorised
agent of a petroleum service
provider mcludes
(a)
an oil marketing company;
(b)
a liquefied petroleum gas
marketing companv;
(c)
a transporter of a bulk road
vehicle; and
(d)
a driver and a driver's mate of
a bulk road vehicle.
Bulk Road Vehicle Tracking
Scheme
3. (1) The Authonty shall, for
the purposes of these
Regulations, establish a Bulk
Road Vehicle Tracking Scheme.
(2) The Authority shall ensure
the efficient operation of the
Scheme.
(3) A bulk road vehicle tracking
service provider shall
collaborate with the Authority
and other agencies to ensure the
efficient and effective
operation of the Scheme.
Procurement of a bulk road
vehicle tracking service
provider
4. (1) The Authority shall
procure the services of a bulk
road vehicle tracking service
provider in accordance with the
Public Procurement Act, 2003
(Act 663).
(2) The Authority shall, through
the procurement process, ensure
that a bulk road vehicle
tracking service provider has
the proven technical and
financial capacity to provide
the services required by the
Authority.
Bulk Road Vehicle Tracking
Service Provider
Responsibilities of a bulk road
vehicle tracking service
provider
5. (1) The bulk road vehicle
tracking service provider shall
provide a bulk road vehicle
tracking system to monitor the
distribution of petroleum
products by the bulk road
vehicle
(a)
in accordance with the Unified
Petroleu.m Price Fund Scheme;
and
(b)
for the purpose of any other
distribution activity designated
by the Authority.
(2) A bulk road vehicle tracking
service provider is responsible
for
(a)
the installation of tracking
devices approved by the
Authority, on each bulk road
vehicle licensed by the
Authority and which is used for
the transportation of petroleum
products;
(b)
the provision of information on
the bulk road vehicle tracking
system to the Fund Management
Committee;
(c)
maintaining the integrity of the
bulk road vehicle tracking
system;
(d)
upgrading the bulk road vehicle
tracking system;
(e)
inspection of the tracking
devices and the calibration of
the bulk road vehicle; and
(f)
any other function that may be
agreed between the bulk road
vehicle tracking service
provider and the Authority.
Installation of tracking devices
6.
(1) A bulk road vehicle tracking
service provider shall not
install a tracking device on a
bulk road vehicle unless that
bulk road vehicle tracking
service provider has a written
approval from the Authority.
(2) A bulk road vehicle tracking
service provider shall ensure
that the location and process
for the installation of tracking
devices on a bulk road vehicle
does not contravene a standard
set by a regulatory authority.
(3) For purposes of
subregulation (2), "regulatory
authority" includes
(a)
the Environmental Protection
Agency;
(b)
the Ghana National Fire Service;
(c)
the Standards Authority;
(d)
a District Assembly; and
(e)
any other relevant body that the
Authority may determine.
Bulk road vehicle tracking
certification
7. (1) A bulk road vehicle
tracking service provider shall,
on completion of the
installation of a tracking
device on a bulk road vehicle,
issue an installation
certificate as set out in the
First Schedule, in respect of
the bulk road vehicle.
(2) An installation certificate
is not valid unless it bears the
authorised signature of the bulk
road vehicle tracking service
provider.
(3) A bulk road vehicle tracking
service provider shall issue to
a petroleum service provider,
(a)
a bulk road vehicle tracking
inspection certificate as set
out in the Second Schedule,
(b)
a sticker, and
(c)
a bulk calibration certificate
as set out in the Third Schedule
if the state of the bulk road
vehicle meets the requirement of
the inspection and calibration
checklist approved by the
Authority.
Tracking and Monitoring of
Petroleum Products
Tracking of petroleum products
8.
(1) The Fund Management
Committee shall use the bulk
road vehicle tracking system to
track and monitor the
distribution of the following
petroleum products under the
Unified Petroleum Price Fund
Scheme or any other distribution
activity designated by the
Authority:
(a)
diesel,
(b)
petrol,
(c)
kerosene,
(d)
premix fuel,
(e)
liquefied petroleum gas,
(f)
marine gas oil, or
(J
(any
other petroleum product that the
Authority may determine,
(2) A petroleum service provider
or the authorised agent of that
petroleum service provider, in
control of a bulk road vehicle
transporting a petroleum product
pursuant to the Scheme or any
other distribution activity
designated by the Authority,
shall provide to the Authority
information on that bulk road
vehicle.
(3) For purposes of
subregulation (2), the
information shall include
details of the
(a)
date of loading;
(b)
name of the loading depot;
(c)
name of the bulk distribution
company which supplied the
petroleum product
(d) type of petroleum product
being transported;
(e)
quantity of petroleum product
being loaded;
(f)
intended delivery point;
(g)
registration number of the bulk
road vehicle;
(h)
name of the transporter;
(i)
order number of the petroleum
service provider;
(j;) invoice number of the
petroleum service provider; and
(k)
waybill number.
Monitoring of the distribution
of petroleum products
9. The monitoring of the
distribution of petroleum
products by a bulk road vehicle
commences at the stage of
loading the petroleum product at
a bulk supply point and ends
after the petroleum product is
delivered to any of the
following:
(a)
another bulk supply point,
(b)
a delivery point, or
(c)
a bulk customer point.
Petroleum Service Provider
Responsibilities of a petroleum
service provider
10. (1) A petroleum service
provider shall
(a)
not transport a petroleum
product in a bulk road vehicle
unless that bulk road vehicle
has
(i) installed on It tracking
devices approved by the
Authority under paragraph (a)
of subregulation (2) of
regulation 5; and
(ii) a valid permit issued by
the Authority;
(b)
present a bulk road vehicle that
has been installed with tracking
devices to the designated
workshop of the bulk road
vehicle tracking service
provider every six months after
the date of the installation of
the devices for inspection and
calibration;
(c)
pay for the lease and cost of
supply and installation of the
tracking devices as approved by
the Authority;
(d)
pay a fee to be determined by
the Authority for the
calibration, inspection, repairs
or maintenance of the tracking
devices; and
(e)
ensure that a Slicker issued by
a bulk road vehicle tracking
service provider under paragraph
(b) of subregulation (3)
of regulation 7 in respect of a
bulk road vehicle is displayed
at a conspicuous place on the
windscreen of the bulk road
vehicle at all times.
(2) A petroleum service provider
is responsible for the integrity
of the tracking devices
installed on the bulk road
vehicle.
Duty to inform Authority
11.
(1) A petroleum service provider
shall, within seven days of the
occurrence of any of the
following events, inform the
Authority of the occurrence of
the event:
(a)
out of service of a bulk road
vehicle;
(b)
involvement of a bulk road
vehicle in an accident;
(c)
disposal of a bulk road vehicle;
(d)
decommissioning of a bulk road
vehicle;
(e)
removal of a bulk road vehicle
from the transportation of a
petroleum product; and
(f)
decoupling of the tractor of a
bulk road vehicle from its
trailer.
(2) Where the Authority is
informed of an event under
subregulation (1), the Authority
shall ensure the removal of the
tracking devices from the bulk
road vehicle.
(3) The petroleum service
provider or the authorised agent
of that petroleum service
provider shall ensure that the
tracking device installed on a
bulk road vehicle is not
Unified Petroleum Price Fund
Fuel Delivery Note
12. A petroleum service provider
or the authorised agent of that
petroleum service provider who
loads petroleum products at a
bulk supply point for purposes
of delivery to a delivery point,
a bulk customer point or from
one bulk supply point to another
bulk supply point shall, within
forty-eight hours after loading
the petroleum product, obtain
from the Authority, a Unified
Petroleum Price Fund Fuel
Delivery Note in the form set
out in the Fourth Schedule in
respect of the loaded bulk road
vehicle,
Delivery and Diversion of
Petroleum Products
Delivery of petroleum products
13. (1) A petroleum service
provider or the authorised agent
of that petroleum service
provider shall not deliver a
petroleum product to a place
other than
(a)
the delivery point,
(b)
bulk customer point, or
(c)
bulk supply point
as stated on the delivery
invoices of the petroleum
service provider.
(2) A petroleum service provider
or the authorised agent of that
petroleum service provider who
delivers a petroleum product to
a place other than a place
specified under subregulation
(1), shall obtain the written
approval of the Authority.
Frustrated-delivery
14. (1) The discharge of a
petroleum product by a petroleum
service provider or the
authorised agent of that
petroleum service provider to a
delivery point other than the
intended delivery point, shall
be deemed a frustrated delivery
if the discharge is done four
working days after the issuance
of the original delivery note.
(2) A petroleum service provider
shall, within twenty-four hours
of a frustrated delivery, submit
to the Authority, a Frustrated
Delivery Note in the form set
out in the Fifth Schedule.
Diversion of petroleum products
15. (1) A person shall not
divert a petroleum product from
the intended delivery point.
(2) The Authority shall
consider a delivery under any of
the following conditions as a
diversion of the petroleum
product:
(a)
where a petroleum service
provider fails to inform the
Authority within the stipulated
time in respect of a frustrated
delivery under subregulation (2)
of regulation 14; or
(b)
where a petroleum service
provider makes a frustrated
delivery to a delivery point,
bulk customer point, or bulk
supply point that is not
sponsored by that petroleum
service
provider.
Miscellaneous Provisions
On-site verification
16. (1) The Authority may
conduct an on-site verification
to confirm the delivery of a
petroleum product to a delivery
point, bulk customer point or
bulk supply point.
(2) Where the Authority conducts
an on-site verification at a
delivery point, bulk customer
point or bulk supply point, the
manager or dealer of the
delivery point, bulk customer
point or bulk supply point shall
provide the Authority with all
records on sales and consumption
as requested by the Authority.
Access to bulk road vehicle
tracking system
17. (1) A petroleum service
provider may, under the terms
and conditions determined by the
Authority, subscribe to the
monitoring interface of a bulk
road vehicle tracking system. .
(2) A person who is not
authorised by the Authority,
shall not have access to the
bulk road vehicle tracking
system.
Validation of freight cost
18. (1) The information from the
bulk road vehicle tracking
system shall form part of the
validation criteria for the
payment of freight cost for the
delivery of petroleum products
under the Scheme or any other
distribution activity designated
by the Authority.
(2) The validation criteria
referred to in subregulation (1)
includes
(a)
the volume of petroleum products
discharged at a delivery point,
a bulk customer point or a bulk
supply point;
(b)
the approved distance travelled
by a bulk road vehicle to a
delivery point, a bulk customer
point or a bulk supply point;
(c)
the delivery point, bulk
customer point or bulk supply
point confirmed by the bulk road
vehicle tracking system;
(d)
unauthorised breaking bulk;
(e)
delivery to a delivery point, a
bulk customer point or a bulk
supply point that i· not
authorised;
(f)
the use of a bulk road vehicle
without the approved tracking
device of the Authority;
(g)
unauthonsed delivery to a third
party delivery point;
(h)
unauthonsed cross zonal
delivery;
(i)
delivery to a suspended delivery
point; and
(j) delivery of gasoil to a
mining site and a cell site.
Administrative penalties
19. (1) A petroleum service
provider or an authorised agent
of the petroleum service
provider who transports
petroleum products under the
Scheme or any other distribution
activity designated by the
Authority with a bulk road
vehicle that does not have the
approved tracking device
installed on it, is liable to
(a)
forfeit the payable freight
cost; and
(b)
pay to the Authority an
administrative penalty which is
five times the forfeited freight
cost.
(2) A petroleum service provider
or an authorised agent of the
petroleum service provider who
transports a petroleum product
under the Scheme or any other
distribution activity designated
by the Authority, using a bulk
road vehicle with an Inspection
or Calibration Certificate that
has expired is liable to pay to
the Authority an administrative
penalty of one thousand penalty
units.
(3) A petroleum service provider
or an authorised agent of the
petroleum service provider who
fails to, within four days of
loading petroleum products under
the Scheme or any other
distribution activity designated
by the Authority, submit to the
Authority, the delivery note and
any other relevant document in
respect of the loading, is
liable to pay to the Authority
an administrative penalty of
five hundred penalty units.
Offences and penalties
20. (1) A
petroleum service provider or an
authorised agent of the
petroleum service provider who
is found to be in possession of
an installation and inspection
certificate determined not to
have been duly authorised by the
bulk road vehicle tracking
service provider, commits an
offence and is liable on summary
conviction to a fine of not less
than two thousand five hundred
penalty units and not more than
five thousand
penalty units or to a term of
imprisonment of not less than
one year and not more than two
years or to both.
(2) A person who issues an
installation or inspection
certificate determined not to
have been duly authorised by the
bulk road vehicle tracking
service provider, commits an
offence and is liable on summary
conviction to a fine of not less
than two thousand five hundred
penalty units and not more than
five thousand penalty units or
to a term of
imprisonment of not less than
one year and not more than two
years or to both. system with
the intent to falsify
information in the system,
commits an offence and is liable
on summary conviction to a fine
of not less than two thousand
five hundred penalty units and
not more than five thousand
penalty units or to a term of
imprisonment of not less than
two years and not more than five
years or to both.
(4) An officer of the Authority
or agent of the bulk road
vehicle tracking service
provider who provides
unauthorised access of the bulk
road vehicle tracking system to
any person, commits an offence
and is liable on summary
conviction to a fine of not less
than one thousand penalty units
and not more than two thousand
five hundred penalty units or to
a term of imprisonment of not
less than two years and not more
than five years or to both.
(5) A person who gains
unauthorised access to the bulk
road vehicle tracking system,
commits an offence and is liable
on summary conviction to a fine
of not less than two thousand
five hundred penalty units and
not more than five thousand
penalty units or to a term of
imprisonment of not less than
two years and not more than five
years or to both.
(6) A person who diverts
petroleum products in
contravention of regulation 15
commits an offence and is liable
on summary conviction to a fine
of not less than two thousand
five hundred penalty units and
not more than five thousand
penalty units or to a term of
imprisonment of not less than
two years and not more than five
years or to both.
(7) A person who tampers with
the bulk road vehicle tracking
system commits an offence and is
liable on summary conviction to
a fine of not less than two
thousand five hundred penalty
units and not more than five
thousand penalty units or to a
term of imprisonment of not less
than one year and not more than
two years 01· to both and the
petroleum service provider is
liable to pay to the Authority
the cost of repairs or
replacement of the tracking
devices.
Interpretation
21. In
these Regulations, unless the
context otherwise requires,
"arty other distribution
activity" means the loading and
trans- portation of petroleum
products outside the Scheme
using a bulk road vehicle from a
bulk supply point to a delivery
point or to another bulk supply
point;
"approved distance" means the
verified distance as per the
current book published by the
Authority which contains
distances from bulk supply
points to delivery points and
bulk customer points and used
for the purposes of freight cost
computation;
"breaking bulk" means the
delivery of part of the total
volume of a loaded petroleum
product in a bulk road vehicle
to multiple delivery points;
"bulk customer point" means the
location registered with the
Authority as the location where
a bulk customer takes delivery
of or discharges petroleum
products;
"bulk road vehicle tracking
service provider" means the
company responsible for the
supply, installation and
maintenance of the bulk road
vehicle tracking system;
"bulk road vehicle tracking
system" means the total
combination of tracking
equipment, volume sensors, other
hardware, software and
associated parts employed in the
implementation of the bulk road
vehicle tracking project;
"delivery point" means the
location of a retail outlet,
bulk customer site sponsored by
a petroleum service provider in
accordance with these
Regulations and as indicated on
a
delivery note or delivery
invoice issued by that petroleum
service provider; ,-
"Distance Chart Book" means the
book published by the Authority
which contains the distances
from a bulk supply point to
delivery points and bulk
customer points and used for the
purposes of freight cost
computation;
"District Assembly" includes a
Metropolitan Assembly and a
Municipal Assembly;
"diversion" means delivery of
petroleum products to an
unauthorised delivery point;
"emergency" means a situation
that poses a threat to human
life, property and the
environment;
"freight cost" means the freight
to be paid to a petroleum
service provider depending on
the approved distance travelled
and the volume of petroleum
product delivered to the
designated delivery point;
"frustrated delivery" means an
unplanned but necessary
discharge of a petroleum product
at a delivery point other than
the intended delivery point;
"Installation Certificate" means
a document certifying that a
bulk road vehicle has been
installed with the approved
tracking devices;
"Inspection Certificate" means a
document certifying that a bulk
road vehicle has been duly
inspected and passed after a
biannual inspection of the
tracking devices by the bulk
road vehicle tracking company;
"intended delivery point" means
the delivery point of the
petroleum service provider or
bulk customer as indicated on
the initial delivery note issued
before a frustrated delivery;
"monitoring software" means a
software application which
provides information on the
movement of bulk road vehicles
and the volumes loaded and
offloaded in the
"relevant document" includes a
Collection Order, Issued Depot
Waybill, Delivery Note or Sales
Invoice, Installation
Certificate, Inspection
Certificate and a recognised
Bulk
Road Vehicle Driver's Union
Identity Card;
"Scheme" means the Bulk Road
Vehicle Tracking Scheme
established under regulation 3;
"tampering" means unauthorised
altering, hacking into or
physical damage of the tracking
devices or servers or other
aspects of the Bulk Road Vehicle
tracking system; and
"violation" means breach of or
non-compliance WIth a rule or
regulation made by the Authority
to control the distribution of a
petroleum product in the
country.
INSTALLATION:
BRV REG. NUMBER
TRANSPORTER'S NAME
FIRST SCHEDULE
(Regulat/an 7(2))
Serial Number: ..
MR. RALPH ROLAND
Board Chairman, National
Petroleum Authority
Date of Gazette
notification: 13th October,
2016.
Entry into force: 6th January,
2017.
GHANA PUBLISHING
COMPANY LTD., ASSEMBLY PRESS,
ACCRA. GPCLlA79!l,500/02/2017
Website:
www.ghpublishingcompany.com
E-mail:
info@ghpublisningcompany.com
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