Consumer

Hundreds Of Gas Pumps In N. Texas Cheating Drivers

FORT WORTH (CBS 11 News) ― An investigation by CBS 11 News and the CBS Evening News uncovers hundreds of malfunctioning gas pumps in North Texas and an inspection system that is far behind the rest of the country.

Using information from the Texas Department of Agriculture, we've created a database of all pumps that have had problems from January 2008 to July 2008.  Click here to see it for yourself as a Microsoft Excel spreadsheet (see below for an explanation of the terms used).

A Plano gas station, in the 600 block of Ohio, is on the list of stations with pump problems. Customers filling up at that station are being shorted. One inspector said the counter on the pump doesn't zero out.

Owner Andy Misgun says his new pumps weren't properly calibrated and that the state fined him $700. Misgun says he contacted a company to re-calibrate his pumps and they later passed inspection.

Texas law requires gas pump inspections every four years. Not enough says weights and measures inspector Henry Oppermann. "When an inspection period would go beyond let's say a year and a half, I think that's really going beyond what regulatory oversight should be."

Ed Burbach, an attorney at Gardere, Wynne & Sewell, represents Sunmart - a company with a number of stations reported to have pump problems.

Thursday he released a statement that said, "Sunmart is glad that its pumps are back in operation providing gasoline to Texans. We strongly deny that we did anything to harm our customers. Like all gas retailers in Texas, we are required to rely upon calibrations of our devices performed by State licensed technicians. We and others are concerned that State employed inspectors utilized different methods to test the devices than the nationally and legally recognized methods used by State licensed technicians. We are working hard with Texas authorities to determine why these discrepancies exist. We are proud to call Texas home and will continue to serve Texans and business and community projects as we have for nearly 40 years." 

State figures show there are 72 inspectors for more than 290,000 pumps.

Texas consumer complaints have skyrocketed with 1,511 reported in 2007 and 1,344 so far in 2008.

To file a complaint against a gas station, call 1-800-TELL-TDA or 1-800-835-5832.


Additional information about gas pumps in Texas from the Texas Department of Agriculture's Division of Weights and Measures:

Dispenser Facts

There are 268,398 gasoline fuel dispensers in Texas.
There are 26,310 diesel fuel dispensers in Texas.

Inspectors:
There are 72 Inspectors who test both gasoline and diesel fuel dispensers.
 
Fuel Accuracy:
Current compliance rates are as follows:

94.04% of fuel pumps inspected were compliant
5.96% of fuel pumps inspected were noncompliant

The ratio of short-measuring pumps vs. over-measuring pumps is 51% short-measuring vs. 49% over-measuring.

Inspections:
The Texas Legislature mandates that each fuel pump in the state is inspected once every four years. However, when a consumer contacts the TDA with a complaint we respond as soon as possible, usually within a few days, to test the pump and place that device out of order if there is a violation. Many fuel pumps are also inspected several times within that four-year interval following a recalibration, new installation or change in owner. All fuel pump devices are tested at least once every four years.

The Texas Legislature has given the Texas Department of Agriculture the authority to regulate fuel pump octane levels, and also has set a performance measure of 3,000 inspections annually. 

TDA performs octane level inspections by conducting a spot test using a mobile octane analyzer and seeking confirmation of these initial tests from a contracted fuel testing laboratory. When an inspector finds a pump dispensing inadequate levels of octane than what is posted on the device, the fuel station can receive an administrative penalty.

TDA inspections test the volume accuracy of fuel pumps (quantity) and on a randomized basis test fuel quality for accurate octane labeling.  The Texas Department of Agriculture's fuel quality program is limited to octane testing in gasoline.
 
Consumer protection is a priority at TDA, and as such, the agency has quadrupled penalties for fuel pump violations. The agency is also in the process of strengthening the regulations and penalties encouraging octane accuracy.

 
This data is from 2007 and 2008 octane tests:
2007
3338 samples
85% passed
15% failed
 
2008 (through May 31)
2182 samples
83% passed
17% failed

Complaints:
From January 2007 to December 2007, the TDA received 1,511 complaints regarding under-delivery of fuel.  From January 2008 to the August 12, 1,344 complaints were received regarding under-delivery of fuel.


The Texas Department of Agriculture, which is responsible for inspecting gas pumps, uses the following terms to explain its data:

SHORT MEASURE IN EXCESS OF TOLERANCE 
Device short measured in excess of the allowed tolerance.  Consumers using this pump would not get all the fuel indicated on the device display.

IMPROPERLY MAINTAINED 
Device was not continuously maintained in proper operating condition to the extent that the accuracy of the pump could be affected.  If more than 60% of the pumps at a station are found to short measure in any amount in the favor of the owner, the pumps are improperly maintained.

DOES NOT HOLD ZERO 
Device did not begin transaction at $0.00 and 0.000 gallons.

TWO TIMES THE TOLERANCE 
Device delivered less fuel than the amount indicated on the device display by more than twice the allowed tolerance.  Consumers using this pump would not get all the fuel indicated on the device display.

SHORT MEASURE - Device delivered less fuel than the amount indicated on the device display.

TOLERANCE - The amount by which a device is allowed to deviate from zero discrepancy between the amount actually dispensed and the amount shown as having been dispensed on the device display.

The allowed tolerance for diesel and gas pumps in the maintenance phase is plus or minus six cubic inches, or approximately six tablespoons, when a 5-gallon test measure is used.  Although a 5-gallon measure is the most common prover size used when testing diesel and gasoline pumps, other prover sizes, with different tolerances, occasionally may be used and some automotive fuel dispensing devices that dispense fuel at a higher rates require larger measures.  The results of testing for high dispensing rate devices are not included within this report.  The applicable tolerance for all newly installed devices is one-half the tolerance used during the maintenance phase.  This report does not distinguish between devices tested during the installation phase and the maintenance phase and at this time, TDA cannot separate installation phase test results from the report.

SHORT MEASURE IN EXCESS OF TOLERANCE  Device short measured in excess of the allowed tolerance.  Consumers using this pump would not get all the fuel indicated on the device display.IMPROPERLY MAINTAINED  Device was not continuously maintained in proper operating condition to the extent that the accuracy of the pump could be affected.  If more than 60% of the pumps at a station are found to short measure in any amount in the favor of the owner, the pumps are improperly maintained.DOES NOT HOLD ZERO  Device did not begin transaction at $0.00 and 0.000 gallons.TWO TIMES THE TOLERANCE  Device delivered less fuel than the amount indicated on the device display by more than twice the allowed tolerance.  Consumers using this pump would not get all the fuel indicated on the device display.SHORT MEASURE - Device delivered less fuel than the amount indicated on the device display.TOLERANCE - The amount by which a device is allowed to deviate from zero discrepancy between the amount actually dispensed and the amount shown as having been dispensed on the device display. The allowed tolerance for diesel and gas pumps in the maintenance phase is plus or minus six cubic inches, or approximately six tablespoons, when a 5-gallon test measure is used.  Although a 5-gallon measure is the most common prover size used when testing diesel and gasoline pumps, other prover sizes, with different tolerances, occasionally may be used and some automotive fuel dispensing devices that dispense fuel at a higher rates require larger measures.  The results of testing for high dispensing rate devices are not included within this report.  The applicable tolerance for all newly installed devices is one-half the tolerance used during the maintenance phase.  This report does not distinguish between devices tested during the installation phase and the maintenance phase and at this time, TDA cannot separate installation phase test results from the report.

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