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Group drops fuel device mandate
By Jill Dunn
At its annual conference, the National Conference on Weights and Measures overwhelmingly withdrew proposals that would have mandated or allowed automatic temperature compensation devices on retail fuel dispensers.
The recommendation was made by a unanimous vote in the Laws and Regulations Committee. Conference members voted July 15 to approve this recommendation.
The final conference report stated the main reasons for the action were cost, lack of consumer benefit, absence of marketplace uniformity and the cost to weights and measures officials and service companies.
Why did ATC fail? In a nutshell, equity and economics" said Jack Kane, National Conference on Weights and Measures chairman. "Adoption of either method would not by itself require ATC in all states, [since] several states already prohibit ATC statutorily, and based on testimony from state representatives, there was a very good chance that other states would either not adopt the model law or would enact legislation prohibiting ATC.
"Economics was the other major concern, although it could be demonstrated in a few very southern states that the average annual temperature of fuel exceeded 60 deg. F, the majority of the results from statewide surveys indicated an average annualized temperature of close to 60 deg F," Kane said. "In these instances, the costs of equipment upgrades passed on to consumers would have exceeded any economic benefits derived from ATC."
The conference reviewed state studies from California and Alaska. The California study found installing ATC devices would provide a more exact fuel measurement but at a slightly higher cost.
Late last year, the Government Accountability Office reported it could not determine nationwide cost to implement ATC and whether consumers or businesses would ultimately pay for this or the amount of inspection time that would be required. Per pump, an ATC device would cost $1,300 to $3,000, the GAO said.
The Owner-Operator Independent Driver Association, who supported requiring ATC, has several members involved in a multi-district lawsuit against major fuel retailers to require it.
Tom Weakley, OOIDA foundation director, said conference representatives might be waiting on the lawsuit’s outcome before taking action.
The NATSO, the trade association representing the nation’s truck stop and travel plaza industry, and the National Association of Convenience Stores applauded the decision. The American Trucking Associations also has been against requiring the devices.
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