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Weights and Measures Regulation 1974

This reprint of this Statutory Instrument incorporates all amendments, if any, made before25 November 2006 and in force at  1 July 2001.

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Legislative Counsel
Dated 25 November 2006

INDEPENDENT STATE OF PAPUA NEW GUINEA.

Chapter 286.

Weights and Measures Regulation 1974

ARRANGEMENT OF SECTIONS.

Weights and Measures Regulation 1974

MADE under the Trade Measurement Act 1973.

Dated                   200 .

PART I. – PRELIMINARY.

1. INTERPRETATION.

In this Regulation, unless the contrary intention appears–

“accelerate”, in reference to a weighing instrument, means to have moving parts that are in unstable equilibrium;

“approved” means approved by the National Standards Commission of Australia or by the Chief Inspector;

“automatic weighing machine” means a weighing instrument in which a self-acting mechanism–

(a) effects an automatic feed; or

(b) weighs given loads; or

(c) registers and totals loads; or

(d) performs some of those actions or other similar actions;

“balance” means a beam-scale that has means for relieving all its knife-edges and bearings;

“beam-scale” means an equal-armed weighing machine, the pans of which are below the beam;

“bottle” means a hollow vessel of glass, plastic or synthetic resin or similar material, other than a jar or container of the tumbler or drinking-glass type;

“capacity” means–

(a) in the case of a weighing instrument (other than a belt conveyor weigher for which the capacity is stated in terms of weight per hour or weight per cycle)–the maximum load that the instrument is constructed to weigh and–

(i) includes the weight represented by the tare weight beams or other similar devices; and

(ii) does not include the weight value of any auxiliary device such as a small bar and poise designed to determine weights that are less than the weight represented by the smallest graduation on the principal bar where the maximum weight value of the device does not exceed approximately 1% of the sum of principal weight values; and

(b) in the case of a measuring instrument–the maximum quantity that it is constructed to measure for any individual delivery;

“Class A beam-scale” includes a chemical or assay balance and any other beam-scale provided with means of relieving all the knife edges;

“Class B beam-scale” means a beam-scale (other than a Class A beam-scale) that satisfies the requirements of Table 8 for Class B instruments;

“Class C beam-scale” means a beam-scale (other than a Class A or Class B beam-scale) that satisfies the requirements of Table 8 for Class C instruments;

“combination weighbridge” means a weighbridge having two or more platforms connected to a single indicating mechanism in such a manner that the instrument can be used to determine the total weight on all the platforms or the weight on a single platform;

“the commencement date” means 1 July 1974, being the date on which the pre-Independence Weights and Measures Regulation 1974 came into force;

“compartment” means a subdivision of a vehicle tank consisting of a complete container, and includes the whole tank if it is not subdivided;

“correct”, in relation to an instrument, means correct within the applicable tolerance;

“counter scale” means an equal-armed, non-self-indicating weighing instrument of a capacity not exceeding 50 kg, with the pan or pans above the beam;

“direct weighing” means the direct weighing of a vehicle, whether loaded or not, on a weighbridge by the one operation, all the wheels of the vehicle being wholly supported throughout the weighing by the platform or, in the case of a combination weighbridge or tandem weighbridge, by the platforms;

“dispensing measure” means a measure designed and intended for use in pharmaceutical dispensing;

“dispensing scale” means a weighing instrument designed, intended or used for pharmaceutical dispensing;

“end-and-end weighing” means the weighing of a vehicle, whether loaded or not, on a weighbridge by ascertaining by more than one weighing operation the weight supported by different axles, taken singly or in appropriate combination, in such a way that the weight of the vehicle may be obtained by the addition of separate weighings;

“fabric-measuring instrument” means an instrument for measuring and indicating the length of fabric passed through it;

“flowmeter” means a liquid-measuring instrument that indicates automatically any volume of liquid that has flowed through it, but does not include a water meter;

“hopper scale” means a weighing instrument the load receptor of which is in the form of a hopper;

“instrument” includes any weight, measure, weighing instrument or measuring instrument;

“leather-measuring instrument” means an instrument for measuring and indicating the area of leather or similar material passed through it;

“liquid measure” means a simple container denominated in terms of the litre or related units or a multiple of such units whether subdivided or not, that is designed to contain or deliver the denominated volume of liquid without the operation of any mechanical device other than a simple tap, but does not include a container with a detachable dipstick, a farm milk tank or a dispensing measure;

“liquid-measuring instrument” means an instrument for measuring the volume of liquid passed through it;

“liquid-measuring instrument of the visible-bowl type” means a liquid-measuring instrument having one or more measuring chambers with walls of glass or transparent material, so constructed that the liquid being measured can be viewed in the chamber or chambers during the process of measurement;

“measure”, in relation to length, means a simple instrument for the measurement of length, and includes a T-shaped measure and a measure with sliding or caliper arms;

“personal weighing machine” means an instrument that is specifically designed for weighing persons, and includes a baby-weighing machine;

“platform weighing machine” includes a bench or platform weighing machine, overhead weighing machine and hopper scale, but does not include a personal weighing machine;

“public weighbridge” means a weighbridge registered for public use and for weighing on which a fee is charged;

“public weighing” means any weighing made on a public weighbridge for a purpose other than the weighing of–

(a) a vehicle that is owned by the owner of the weighbridge; or

(b) goods of which the owner of the weighbridge is the owner, seller or intending seller, or purchaser or intending purchaser (including, where necessary, the determination of the tare weight of a vehicle in connection with the weighing of the goods);

“self-indicating counter machine” means a self-indicating or partly self-indicating weighing machine designed for counter use, of a capacity not exceeding 50 kg, with the pan or pans above the levers;

“self-indicating platform weighing machine” includes a partly self-indicating weighing machine;

“self-indicating weighbridge” includes a partly self-indicating weighbridge;

“sensitivity reciprocal” means the weight required to move the position of equilibrium of the indicating device of a weighing instrument a definite amount, at capacity or a lesser load;

“spring balance” means a weighing instrument in which the weight indications are dependent on the extension, compression or bending of one or more springs and the load pan is connected to the spring or springs without the use of levers;

“steelyard” means an unequal-armed weighing instrument;

“tandem weighbridge” means a weighbridge having two or more platforms attached to a single indicating mechanism in such a manner that none of the platforms can be disconnected from the mechanism for the purpose of weighing on a single platform;

“tolerance” means the maximum permissible departure from true value or performance;

“vehicle tank” means a measuring instrument in the form of a tank (whether or not subdivided into compartments), fitted to or forming part of a vehicle and intended to be used with a dipstick for the measurement of a liquid other than milk;

“vibrate”, in reference to a weighing instrument, means to have moving parts that are in stable equilibrium;

“wall beam” means a steelyard suspended from a horizontal bracket (whether fixed or turning about a vertical axis);

“weighbridge” means a weighing instrument of a capacity of 3t or more, having a platform on which vehicles are run for the purpose of being weighed.

PART II. – STANDARDS.

2. USE OF STANDARDS.

Standards may be used as follows:–

(a) the Primary Standards–for verification of the Secondary Standards; and

(b) the Secondary Standards–for verification of the Tertiary Standards; and

(c) the Tertiary Standards–for verification of Inspectors’ Standards,

or for purposes authorized by the Chief Inspector.

3. CUSTODY OF INSPECTORS’ STANDARDS.

Inspectors’ Standards shall be–

(a) kept in the custody of an inspector; and

(b) used for–

(i) verification or inspection of instruments used for the purposes of trade; or

(ii) purposes authorized by the Chief Inspector.

4. RESPONSIBILITY FOR SAFE CUSTODY.

An inspector is responsible for the safe custody of all standards and equipment in his control, and shall not permit their use by unauthorized persons.

5. CERTIFICATE OF VERIFICATION.

The Chief Inspector shall issue a certificate of verification in respect of–

(a) a Secondary Standard that has been compared with the Primary Standards, stating the true value of the Standard within the accuracy figure specified in Schedule 1 to the Act; and

(b) a Tertiary Standard that has been compared with the Secondary Standards, stating the true value of the Standard within the accuracy figure specified in Schedule 1 to the Act; and

(c) an Inspectors’ Standard that has been–

(i) compared with the Tertiary Standards; and

(ii) found to be accurate within the tolerances prescribed in Schedule 1 to the Act for Tertiary Standards,

and specifying the period within which the Standard, should be re-verified.

6. STAMPING OF INSPECTORS’ STANDARDS.

Inspectors’ Standards shall be stamped with–

(a) the Government stamp; and

(b) a figure denoting–

(i) the month of original verification; and

(ii) the year of verification or re-verification; and

(c) the letters–

(i)  “SW” denoting standard weight; or

(ii)  “SM” denoting standard measure,

as the case may be.

PART III. – APPOINTMENT OF INSPECTORS.

7. APPOINTMENT OF INSPECTORS.

A person shall not be appointed as an inspector unless he has–

(a) a satisfactory reference as to character and reliability; and

(b) a knowledge of–

(i) construction, operation and adjustment of instruments; and

(ii) tests required for verification of instruments.

PART IV. – INSPECTION, VERIFICATION AND STAMPING.

8. CERTIFICATE OF INSPECTION.

(1) On payment of the prescribed fee, a certificate of inspection in the form authorized by the Chief Inspector shall be issued by an inspector in respect of every instrument tested by him.

(2) A certificate may be issued in respect of one or more instruments situated at the same premises.

(3) A certificate issued under Subsection (1) shall be produced to an inspector when required at any reasonable time.

(4) A certificate may be endorsed by an inspector so as to limit the use of the instrument.

9. INFORMATION TO BE PROVIDED ON INSPECTION.

The person presenting an instrument for inspection shall state the name of the owner and any purpose for which the instrument is or is not to be used.

10. METHOD OF VERIFICATION AND STAMPING.

(1) Instruments shall be tested by comparison with Inspectors’ Standards.

(2) An instrument that is tested in accordance with Subsection (1) and that complies with this Regulation shall be–

(a) stamped with a verification mark approved by the Chief Inspector; and

(b) impressed with a date stamp indicating the month and year of stamping or an abbreviation approved by the Chief Inspector.

(3) Where an instrument requires stamping in more than one position–

(a) the verification mark shall be applied in each position; and

(b) the date stamp shall be applied in at least one position.

11. CLEANLINESS OF INSTRUMENTS ON TESTING.

(1) Subject to Subsections (2) and (3), all instruments shall be tested in a clean condition.

(2) An inspector may require the owner to clean any instrument prior to inspection.

(3) An inspector may first examine and test the instrument in the condition in which it is before cleaning.

12. OBLITERATION OF VERIFICATION, ETC.

(1) Subject to Subsections (2), (3), (4) and (5), on inspection an inspector shall obliterate any existing mark or verification mark and date stamp–

(a) on an instrument–

(i) that is of a type, material or construction not in accordance with this Regulation; or

(ii) on which the mark, verification mark or date stamp is illegible; or

(iii) on which the capacity, denomination or graduations are illegible or have been altered since the last verification; or

(iv) that has not been re-verified and stamped within the prescribed period; and

(b) on a weight or measure–

(i) the excess or deficiency of which exceeds half of the tolerance in excess allowed on verification; or

(ii) that is not capable of adjustment because of having been broken, damaged, indented or distorted; and

(c) on a measure of length–

(i) the excess or deficiency of which exceeds twice the tolerance in excess allowed on verification; or

(ii) that is bent, broken, twisted or otherwise damaged so that it is unfit for use; and

(d) on a weighing instrument–

(i) the sensitivity reciprocal of which exceeds twice the tolerance in sensitivity reciprocal allowed on verification; or

(ii) the error in excess or deficiency of which exceeds twice the tolerance in excess or deficiency allowed on verification; and

(e) on an automatic weighing machine if the error in excess or deficiency exceeds the error in excess or deficiency allowed on verification; and

(f) on a liquid-measuring instrument–

(i) the excess of which exceeds twice, or the deficiency of which exceeds half, the tolerance in excess allowed on verification; and

(ii) being a flowmeter intended to be used for individual deliveries of more than 90l per minute–the error in excess or deficiency of which exceeds one and one half times the error in excess allowed on verification; and

(iii) being a flowmeter other than a flowmeter specified in Subparagraph (ii)–the error in excess of which exceeds twice, or the error in deficiency of which exceeds, the error in excess allowed on verification; or

(iv) having any seal unstamped or broken; or

(v) with any joint, valve, tap, hose connection or other part leaking, or with any essential part broken or damaged; and

(g) on a fabric-measuring instrument or leather-measuring instrument the error in excess or deficiency of which exceeds the relevant tolerance allowed on verification; and

(h) on a fixed instrument that has been erected or re-erected since it was last verified.

(2) Where an instrument does not comply with the requirements of this Regulation, but the nature or degree of non-compliance, in the opinion of the inspector, is not so great as to require the immediate obliteration of the verification mark and date stamp–

(a) the inspector shall leave a notice requiring the owner to have the instrument corrected within a stated period not exceeding 28 days; and

(b) if after the expiration of the stated period the required correction has not been made, the inspector shall obliterate the verification mark and date stamp; and

(c) notwithstanding Paragraph (b), the inspector, if he thinks fit, may further defer obliterating the verification mark and date mark if the owner produces satisfactory evidence that he has used all due diligence in attempting to have the required correction made.

(3) Where the obliteration of a verification mark and date stamp is deferred in accordance with Subsection (2)(c), the inspector shall leave a notice with the owner setting out the conditions under which the deferment was made, and in the event of those conditions not being complied with shall obliterate the verification mark and date stamp.

(4) Where the error of a weighing machine is due to imperfect balancing or levelling and is corrected promptly in the presence of the inspector, the verification mark and date stamp shall not be obliterated, but the correction does not prevent the institution of any proceeding in respect of the error.

(5) Where any instrument that has been used for trade before the commencement date contravenes this section in a minor degree, an inspector, in his discretion, may refrain from obliterating the verification mark or date stamp on the instrument.

(6) Obliteration of a verification mark or date stamp shall be in the form of an eight-pointed star.

13. DISMANTLING FOR VERIFICATION.

An inspector may–

(a) require a person who presents an instrument for verification or re-verification to take it apart sufficiently to enable an inspection of all working parts to be made; or

(b) take the instrument apart to that extent, with the consent of that person and without liability for damage to it,

and, until the instrument has been so taken apart, the inspector may refuse to verify it.

14. RE-VERIFICATION.

All instruments for use for trade–

(a) that have been altered, repaired or adjusted; or

(b) that have been removed from one site to another, or re-installed; or

(c) on which the verification mark or date stamp has been obliterated,

shall be re-verified in accordance with the requirements for the verification of new instruments.

15. NOTIFICATION OF NEW INSTALLATION.

The owner shall notify the Chief Inspector in writing within 30 days of the purchase, hire or installation of new or additional instruments.

16. MARKING INSTRUMENTS “NOT FOR USE IN TRADE”.

All instruments that are used for other than domestic purposes but do not require testing under this Regulation–

(a) shall be distinctly marked “NOT TO BE USED FOR TRADE PURPOSES”; and

(b) shall not be used for purposes of trade.

17. VERIFICATION OF CERTAIN INSTRUMENTS.

Decimal grain weights, dispensing weights (whether metric or apothecaries’) and troy weights shall be verified at the office of the Chief Inspector.

18. WEIGHT INDICATIONS ON TESTING.

A weighing machine under test shall–

(a) retain its equilibrium; and

(b) give constant weight indications on the repeated application of any given load,

and the indicator shall return to zero when the load is removed.

PART V. – INSTRUMENTS.

Division 1.

General.

19. POSITIONING, ETC., OF INSTRUMENTS.

(1) All instruments shall be in full view of the customer.

(2) The goods pan or scoop of a weighing instrument shall not be more than 1.5m from the floor or ground level.

Division 2.

Weights.

20. EFFECT OF TEMPERATURE VARIATION.

A weighing instrument, the action of which is dependent on the extension or compression of a spring or any other form of elastic deformation of any component, shall be correct under such conditions of temperature variation as may reasonably be expected in normal use.

21. APPLICATION TO INSTRUMENTS N.E.I.

A weighing instrument of a type not specified in this Regulation shall comply with the requirements relating to the type to which it most closely approximates, having regard to its construction and the purposes for which it is commonly used.

22. STAMPING OF CERTAIN WEIGHTS.

An inspector shall not stamp a weight that–

(a) is cased; or

(b) is composed of two or more different unalloyed metals other than–

(i) lead for adjustment and stamping; and

(ii) hard adherent coatings of nickel, chromium or other approved metal applied by electroplating or other approved process; or

(c) being new and of iron, is not painted, black-leaded or protected by sheradizing or galvanizing or other approved process; or

(d) is not clean and free from corrosion; or

(e) has a flaw or is not smooth on all surfaces; or

(f) being flat-circular, is of a denomination over 2kg; or

(g) being of iron, is of a denomination less than 10g; or

(h) has a split-ring or other removable part; or

(i) bears a trade mark.

23. POSITION OF STAMP.

(1) When provided with an adjusting hole, weights shall be stamped on the lead in the adjusting hole in the under surface of the weight.

(2) Weights not provided with an adjusting hole shall be stamped on the under surface.

24. PERMISSIBLE ERRORS ON VERIFICATION OF WEIGHTS.

The tolerances permissible on the verification of weights are as specified in Table 1.

TABLE 1. – WEIGHTS RELATED TO THE POUND

Tolerances “A” apply to weights not constructed of iron.

Tolerances “B” apply to weights constructed of iron.

WEIGHTS RELATED TO THE GRAIN

WEIGHTS RELATED TO THE PENNYWEIGHT AND TROY OUNCE

WEIGHTS RELATED TO THE SCRUPLE, DRACHM AND APOTHECARIES’ OUNCE

METRIC WEIGHTS

Tolerances “A” apply to weights not made of iron marked “A”, i.e., weights intended for use in pharmaceutical dispensing and weights intended for use in weighing precious metals.

Tolerances “B” apply to other weights not made of iron.

Tolerances “C” apply to weights made of iron.

METRIC CARAT WEIGHTS

Division 3.

Measures of Length.

25. GRADUATION OF MEASURES OF LENGTH.

(1) Measures of length may be graduated on both sides, and each set of graduations shall be verified and each side stamped.

(2) The prescribed fee is chargeable for each stamp.

(3) Where a measure is permanently fixed to a counter, the upper side only needs verification and stamping.

26. MINIMUM PULL FOR TESTING LINKED MEASURE.

Every linked measure or metal or woven tape measure shall–

(a) be tested when subjected to a minimum pull as follows:–

(i) linked measure–7mg; and

(ii) metal measure–5kg; and

(iii) woven tapes made of non-metallic material–1 kg; and

(b) when under test be supported throughout its whole length on a level base, or in an approved manner so that its length when so supported can be satisfactorily computed.

27. TEMPERATURE FOR TESTING MEASURES OF LENGTH.

Measures of length shall be verified by comparison with an Inspectors’ Standard of similar denomination at or near the temperature of 20ºC.

28. VERIFICATION OF LINKED MEASURE FIXED TO HANDLE.

A linked measure may be stamped with a verification mark and date stamp on a metal label or handle permanently attached to the measure.

29. PERMISSIBLE ERRORS RELATING TO MEASURE OF LENGTH.

The errors permissible on the verification of a measure of length are as specified in Table 2.

TABLE 2 – MEASURES OF LENGTH RELATED TO THE YARD

METRIC MEASURES OF LENGTH

Division 4.

Liquid Measures.

30. REQUIREMENTS FOR LIQUID-MEASURING INSTRUMENTS.

(1) Liquid-measuring instruments shall–

(a) be fitted with a stamp plug, readily accessible, in such a position that the indications or adjustments cannot be altered without first destroying the inspector’s stamp or seal; and

(b) where the accuracy is affected by slight variations in level–be provided with not less than two levelling points and have a notice reading “Instrument incorrect if not truly level” displayed in a prominent position.

(2) Subsection (1)(b) does not apply to vehicle tanks.

31. GENERAL REQUIREMENTS.

(1) Where any liquid-measuring instrument is so installed that variations in temperature affect its accuracy, an inspector may direct that suitable action be taken by the owner or user in order to maintain the temperature of the instrument at a uniform level.

(2) Liquid-measuring instruments used for the measurement of liquified gases or non-viscous liquids, other than petroleum fuels, shall comply with the provisions governing instruments used for the measurement of petroleum fuels.

32. VERIFICATION OF LIQUID MEASURES, ETC.

A liquid-measuring instrument or measure other than a vehicle tank shall be inspected and verified at least once in every 12 months.

33. PERMISSIBLE ERRORS ON VERIFICATION OF LIQUID MEASURES.

The tolerances permissible on the verification of liquid measures are as specified in Table 3.

TABLE 3. – MEASURES OF VOLUME RELATED TO THE GALLON – (other than measures referred to in Tables 4 and 5)

*2 x Tolerance “A”

Tolerances “A” apply to bell-shaped and conical measures and to any other measures that the conditions of approval for use for trade specify.

Tolerances “B” apply to measures other than those to which tolerances “A” apply.

Twice tolerances “B”, in excess only, apply to–

(a) glass measures (other than glasses for beverages) having the capacity defined by the brim; and

(b) cylindrical milk measures with a lip or retaining edge; and

(c) milk cans; and

(d) ice-cream measures of capacities exceeding 4.5 l.

The tolerances on measures in the form of classes for beverages are as follows:–

METRIC MEASURES OF VOLUME

Division 5.

Lubricating Oil Measures.

34. MARKING OF LUBRICATING OIL MEASURES.

A metal measure for use with lubricating oil shall be marked “FOR THE SALE OF LUBRICATING OIL”.

35. RE-VERIFICATION OF LUBRICATING OIL BOTTLES.

A lubricating oil bottle that has been verified and stamped is not required to be re-verified.

36. PERMISSIBLE ERRORS ON VERIFICATION OF LUBRICATING OIL BOTTLES.

The tolerances permissible on the verification of lubricating oil bottles are as specified in Table 4.

TABLE 4. – LUBRICATING OIL BOTTLES

Division 6.

Dispensing Measures.

37. MARKING OF DISPENSING MEASURES.

A dispensing measure shall be marked in terms of metric measurement.

38. RE-VERIFICATION OF DISPENSING MEASURES. .

A dispensing measure that has been verified and stamped is not required to be re-verified.

39. PERMISSIBLE ERRORS ON VERIFICATION OF DISPENSING MEASURES.

The tolerances permissible on the verification of dispensing measures are as specified in Table 5.

TABLE 5. – DISPENSING MEASURES

DISPENSING MEASURES OF CUP OR BEAKER FORM RELATED TO THE GALLON

DISPENSING PIPETTES RELATED TO THE GALLON

CONICAL DISPENSING MEASURES RELATED TO THE LITRE

DISPENSING PIPETTES RELATED TO THE LITRE

DISPENSING MEASURES OF CUP OR BEAKER FORM RELATED TO THE LITRE

Division 7.

Fabric-measuring Instruments.

40. MEASUREMENT BY FABRIC-MEASURING INSTRUMENTS.

A fabric-measuring instrument shall be correct in its length and price indications whether material is being passed through the instrument in a forward or backward direction at any reasonable speed of operation.

41. NOTICE REGARDING CERTAIN TYPES OF FABRIC.

Where a fabric-measuring instrument measures only certain types of fabric accurately, a notice visible to the vendor and purchaser shall be fixed to the instrument indicating clearly its limitations.

42. PERMISSIBLE ERRORS ON VERIFICATION OF FABRIC-MEASURING INSTRUMENTS.

Fabric-measuring instruments shall be correct on verification within the limits of error specified in Table 6.

TABLE 6. – FABRIC MEASURING INSTRUMENTS

Division 8.

Leather-measuring Instruments.

43. PERMISSIBLE ERRORS ON VERIFICATION OF LEATHER-MEASURING INSTRUMENTS.

Leather-measuring instruments shall be correct on verification within the limits of error specified in Table 7.

TABLE 7. – LEATHER-MEASURING INSTRUMENTS

Division 9.

Balances and Beam-scales.

44. STAMPING OF CERTAIN BALANCES, ETC.

An inspector shall not stamp any balance or beam scale–

(a) that accelerates when loaded or unloaded; or

(b) that could be suspended in the hand while in use, unless it is provided with a suitable stand; or

(c) with swan-neck ends, the beam of which is under 40 cm in length or is of a capacity of 3 kg or less; or

(d) with wooden scale boards unless of a capacity of 100 kg or more; or

(e) with loaded weight pans, unless the loading is suitably enclosed; or

(f) with a china goods pan that is much cracked or chipped; or

(g) that is not provided with a tongue or pointer at the centre of, and at right angles to, the beam, or with some equivalent arrangement for indicating the position of equilibrium.

45. REQUIREMENTS FOR BALANCES, ETC.

A balance or beam-scale shall–

(a) be correct whether the load is placed in the middle or near the edge of the pan; and

(b) when loaded to half its capacity show no appreciable difference in reading when the knife-edges and bearings are moved within their limits of movement; and

(c) be correct within the tolerances for sensitivity reciprocal prescribed in Table 8, so that the following conditions apply:–

(i) the test for sensitivity reciprocal may be made at full capacity, zero or any intermediate point, applying the same tolerance at all loads; and

(ii) the addition or subtraction of the prescribed tolerance shall cause the beam to turn from rest in a horizontal position to rest in an appreciably different position, the two positions of rest differing by at least 20% of the range of the graduated scale (from the centre to limit of scale) if a pointer and graduated scale are fitted.

46. TOLERANCES FOR BALANCES, ETC.

The tolerance for error on–

(a) a non-self-indicating balance or beam-scale is half the amount prescribed in Table 8 for loads up to half capacity and the whole amount so prescribed for loads greater than half capacity; and

(b) a self-indicating balance or beam-scale at any load is half the weight represented by the smallest graduation.

TABLE 8. – BALANCES AND BEAM-SCALES

47. REQUIREMENTS FOR DISPENSING SCALES.

Dispensing scales shall comply with such provisions of this Regulation relating to balances, beam-scales, counter scales or other types of weighing instrument as are applicable.

48. TOLERANCES FOR DISPENSING SCALES.

The tolerances on verification of dispensing scales shall–

(a) if the capacity of the instrument is 250g or less–comply with Class B beam-scale tolerances; or

(b) if the capacity of the instrument is more than 250g–comply with Class C beam-scale tolerances.

49. REQUIREMENTS FOR COUNTER SCALES.

A counter scale shall–

(a) when loaded to half its capacity, show no appreciable difference in reading when the knife-edges or bearings are moved laterally or backwards and forwards within their limits of movement; and

(b) when the goods pan is not in the form of a scoop, show no variation in reading greater than half the specified tolerances at full capacity when a load equal to half the capacity of the scale is moved from the middle of the goods pan to–

(i) a position not more than one-third of the greatest length of the pan from the middle of the pan; or

(ii) a position against the middle of any vertical side, the weights being entirely on the weights pan but in any position on it; or

(c) when the goods pan is in the form of a scoop, be correct when half the full load is placed against the middle of the back of the scoop with the other half of the full load in any position on the scoop, the weights being entirely in the weights pan but in any position on it; and

(d) show no variation in reading greater than half the specified tolerance at full capacity when a load equal to half the capacity is moved from the middle of the weights pan to any position on the pan, the load on the goods pan being entirely on the pan but in any position on it; and

(e) be correct within the tolerances for sensitivity reciprocal prescribed in Table 9, so that the following conditions apply:–

(i) the test for sensitivity reciprocal may be made at full capacity, zero or any intermediate point, applying the same tolerance at all loads; and

(ii) the addition or subtraction of the amount of the specified sensitivity reciprocal shall cause the beam to move from rest in a horizontal position to the limit of its movement and come to rest at or near that limit.

50. STAMPING OF CERTAIN COUNTER SCALES.

An inspector shall not stamp any counter scale that–

(a) accelerates; or

(b) has a sliding or tare weight; or

(c) has a china or glass goods plate that is cracked or chipped or absorbs liquid readily; or

(d) has an adjusting contrivance other than a balance box.

51. TOLERANCES FOR COUNTER SCALES.

The tolerances permissible on the verification of a counter scale are as specified for the capacity of the scale in Table 9 for sensitivity reciprocal, and half the amount so specified for error for the capacity of the scale at loads up to and including half capacity, and the whole of the amount so specified for the capacity at loads greater than half capacity.

TABLE 9. – COUNTER SCALES

52. SPRING BALANCES.

If the pan of a spring balance is below the spring, the instrument shall be correct when the load is placed on the pan.

53. READING OF MECHANISM.

A spring balance shall be correct whether the load is increased or decreased, the mechanism being allowed to vibrate before the reading is taken.

54. STAMPING OF CERTAIN SPRING BALANCES.

Unless it is of an approved pattern, an inspector shall not stamp any spring balance in which–

(a) weight indications are given along a straight scale by a pointer; or

(b) a circular dial revolves past a fixed point; or

(c) there is a zero adjustment that may be operated otherwise than by mechanical means, unless it is provided with a suitable screw or other approved means for locking the adjustment.

55. TOLERANCES FOR SPRING BALANCES.

The tolerance in excess or deficiency permissible at any load on the verification of a spring balance is half the weight represented by the smallest graduation.

56. SELF-INDICATING COUNTER MACHINES.

Self-indicating counter machines–

(a) shall comply with the requirements of this Regulation for counter scales; and

(b) shall be correct, whether the load is increased or decreased; and

(c) shall not be tested for sensitivity reciprocal.

57. SLIDING OR TARE WEIGHTS.

A self-indicating counter machine shall not have a sliding or tare weight unless the words “Not for retail counter use” are clearly stamped on the machine.

58. TOLERANCES FOR SELF-INDICATING COUNTER MACHINES.

(1) Subject to Subsection (2), the tolerances in excess or deficiency permissible at any load on the verification of a self-indicating counter machine are half the weight represented by the smallest graduation.

(2) In the case of an instrument fitted with a digital indicating or recording device, the tolerance applicable to the device is the tolerance specified in Subsection (1) plus an amount equal to half the minimum increment that can be indicated or recorded.

Division 10.

Steelyards and Wall Beams.

59. REQUIREMENTS FOR STEELYARDS.

A steelyard shall–

(a) be correct whether the test is forwards or backwards, and show no appreciable difference in reading when the knife-edges or bearings are moved within their limits of movement; and

(b) be correct within the tolerances for sensitivity reciprocal prescribed in Table 10 or a weight equal to one graduation if that weight is less than the amount of the specified sensitivity reciprocal, so that the following conditions apply:–

(i) the test for sensitivity reciprocal may be made at full capacity, zero or any intermediate point, applying the same tolerance at all loads; and

(ii) the addition or subtraction of the prescribed tolerance shall cause the steelyard to move from rest in a horizontal position to the limit of its movement and come to rest at or near that limit.

60. STAMPING OF CERTAIN STEELYARDS.

An inspector shall not stamp–

(a) any accelerating steelyard; or

(b) any steelyard of a capacity less than 25 kg; or

(c) any steelyard that is reversible or has three hooks; or

(d) any steelyard the sliding poise of which is not freely movable without risk of injury to the notches; or

(e) any steelyard that is not provided with a stop or other suitable arrangement to prevent excessive oscillation of the shank.

61. TOLERANCES FOR STEELYARDS AND WALL BEAMS.

The tolerances permissible on the verification of a steelyard or wall beam are as specified in Table 10.

TABLE 10. – STEELYARDS AND WALL BEAMS

Division 11.

Platform Weighing Machines and Weighbridges.

62. STAMPING OF CERTAIN PLATFORM WEIGHING MACHINES.

A platform weighing machine of the type known as the “Union Scale” shall not be stamped.

63. STEELYARDS OF PLATFORM WEIGHING MACHINES.

The steelyard of a platform weighing machine or weighbridge shall be vibrating or accelerating, as the case may be, at all loads.

64. ACCURACY OF PLATFORM WEIGHING MACHINES.

(1) A platform weighing machine or weighbridge shall–

(a) when loaded to half its capacity, show no appreciable difference in accuracy when the knife-edges or bearings of the steelyard are shifted within the limits of their movement; and

(b) where provided with relieving gear, have all the knife-edges in the bottom work relieved when put out of gear and be correct when loaded and put steadily out of and into gear; and

(c) be correct–

(i) where a load equal to 1/(n-1) of the capacity of the instrument is placed successively over each main load bearing covering an area of platform not exceeding 1/(n+1) of the total areas; and

(ii) if the main load bearings are too close for the load distribution set out in Subparagraph (i), when a load equal to 2/(n-1) is placed successively over the transverse line connecting the main load bearings and covering an area not exceeding 2/(n+1) of the total area,

where “n” is the number of main load bearings.

(2) A platform weighing machine or a weighbridge of the vibrating type shall be correct within the tolerances for sensitivity reciprocal prescribed in Table 11, so that the following conditions apply:–

(a) the test for sensitivity reciprocal may be made at full capacity, zero or any intermediate point, applying the same tolerance at all loads; and

(b) the addition or subtraction of the prescribed tolerance or of a weight equal to one graduation, if that weight is less than the amount of the specified sensitivity reciprocal, shall cause the steelyard to move from rest in a horizontal position to the limit of its movement and come to rest at or near that limit.

(3) The horizontal position of the steelyard of a vibrating scale shall be midway between the extremities of travel of the steelyard.

(4) A platform weighing machine or weighbridge of the accelerating type–

(a) shall be deemed to be balanced, whether loaded or unloaded, when the steelyard just rises from its lower stop, moves slowly to its upper stop and remains there; and

(b) shall be further tested for error by the inspector (instead of by a test for sensitivity reciprocal) by ascertaining the weight required to be removed to bring back the steelyard from its position of maximum displacement when the instrument is truly balanced,

the horizontal position of the steelyard being its position when the steelyard is at rest on the lower extremity of travel of the instrument.

65. REQUIREMENTS FOR SAFETY OF WEIGHBRIDGES.

(1) A weighbridge shall–

(a) be suitably situated and have sufficient space for vehicles of the class usually weighed on such a weighbridge to be drawn on and off without turning on the platform; and

(b) at the discretion of the Chief Inspector be provided with guard rails or other suitable means to prevent vehicles passing on and off the platform otherwise than from end to end; and

(c) have the approaches in the same level as the platform for a minimum distance of 7 m at each end; and

(d) have foundations of such strength and construction as to enable the weighbridge to maintain its accuracy up to its capacity; and

(e) have adequate lighting for use at night; and

(f) be provided with a suitable locking device to prevent use by unauthorized persons.

(2) The pit of a weighbridge shall–

(a) be concreted to the satisfaction of the Chief Inspector; and

(b) be constructed so that there is free access to every portion of the underwork; and

(c) have provision for adequate drainage so as to be kept free from any accumulation of water, mud or debris.

(3) In the event of the platform not being easily removed there shall be in the pit of a weighbridge–

(a) 40 cm clearance below the lowest lever point; or

(b) 15 cm clearance if the pit is readily accessible from above.

(4) A new installation of a weighbridge shall be constructed of reinforced concrete having side walls of 15 cm minimum thickness and walls of 21 cm minimum thickness, and the reinforcing shall be in accordance with the Building Act 1971.

66. PERMISSIBLE ERRORS ON VERIFICATION OF WEIGHBRIDGES, ETC.

(1) The tolerances permissible on the verification of non-self-indicating platform weighing machines and weighbridges are as specified for the capacity of the machine in Table 11 for sensitivity reciprocal, and half the amount so specified for error for the capacity of the machine at loads up to and including half capacity, and the whole of the amount so specified for capacity at loads greater than half capacity.

(2) The tolerances in excess or deficiency permissible at any load on the verification of a self-indicating platform weighing machine are–

(a) half the weight represented by the smallest graduation; or

(b) in the case of an instrument fitted with a digital indicating and recording device–the tolerance specified in Paragraph (a) plus an amount equal to half the minimum increment that can be indicated or recorded.

(3) The tolerances on–

(a) a weighing machine to be used only for–

(i) ascertaining freight charges; or

(ii) weighing animals; or

(iii) other approved purposes; or

(b) a platform weighing machine that is to be used only for weighing coal or fuel and is clearly and permanently so marked,

are twice those specified in Subsections (1) and (2).

67. REQUIREMENTS FOR OVERHEAD WEIGHING MACHINES.

A suspended weighing instrument of the type known as an “overhead weighing machine”–

(a) shall comply with the provisions of this Regulation applicable to platform weighing machines; and

(b) is subject to the same tolerances for sensitivity reciprocal and error, as specified in Table 11; and

(c) shall be correct when a capacity load is suspended from any part of the track.

68. REQUIREMENTS FOR HOPPER SCALES.

A hopper scale–

(a) shall be provided at the frame corners with test trays or other approved fittings to facilitate the testing of the machine; and

(b) shall comply with the provisions of this Regulation applicable to platform weighing machines; and

(c) is subject to the same tolerances for sensitivity reciprocal and error, as specified in Table 11.

69. REQUIREMENTS FOR CRANE WEIGHING MACHINES.

A crane weighing machine–

(a) shall not be stamped if it is necessary to twist the hook in order to obtain a correct indication of weight; and

(b) shall comply with the provisions of this Regulation applicable to platform weighing machines; and

(c) is subject to the same tolerances for sensitivity and error, as specified in Table 11.

TABLE 11. – NON-SELF-INDICATING PLATFORM WEIGHING MACHINES, OVERHEAD WEIGHING MACHINES, HOPPER SCALES AND CRANE WEIGHING MACHINES

NON-SELF-INDICATING WEIGHBRIDGES

Division 12.

Automatic Weighing Machines.

70. TESTING OF AUTOMATIC WEIGHING MACHINES.

(1) Subject to Subsection (2), an automatic weighing machine shall be tested by reweighing not less than 20 successive loads on another correct weighing instrument and also, if practicable, by the direct use of standard weights.

(2) Where the design of an automatic weighing machine includes means of checking the weight of loads, those means may be used for checking instead of another weighing instrument.

71. ERRORS PERMISSIBLE IN VERIFICATION OF AUTOMATIC WEIGHING MACHINES.

The tolerances permissible in the verification of an automatic weighing machine are as specified in Table 12.

TABLE 12. – AUTOMATIC WEIGHING MACHINES

Division 13.

Belt Conveyor Weighers.

72. RATES OF DELIVERY FOR TESTING BELT CONVEYOR WEIGHERS.

(1) A belt conveyor weigher shall be correct at all rates of delivery between 33 1/3 (or such lesser rate claimed) and 100% of maximum capacity, and shall be tested at maximum and minimum rate of delivery or any intermediate rate of delivery by passing over the instrument material, of the type normally weighed over it, that is pre-weighed or post-weighed on a correct weighbridge or hopper scale situated within a reasonable distance of the belt conveyor weigher.

(2) Three tests are required at each rate of delivery.

(3) A belt conveyor weigher that has a fixed single-load-rate of delivery may be verified and stamped for use at that particular load-rate.

73. TEST FOR BELT CONVEYOR WEIGHERS.

The zero-load test for a belt conveyor weigher shall be conducted, with the belt empty, for a period of 10 minutes and for not less than the number of belt circuits equivalent to that which would be necessary to carry the test load at the minimum rate of delivery.

74. ERRORS PERMISSIBLE IN VERIFICATION OF BELT CONVEYOR WEIGHERS.

The tolerances permissible on the verification of a belt conveyor weigher are as specified in Table 13.

TABLE 13. – BELT CONVEYOR WEIGHERS

Division 14.

Personal Weighing Machines.

75. ACCURACY OF PERSONAL WEIGHING MACHINES.

(1) Personal weighing machines shall comply with the requirements for accuracy of platform weighing machines.

(2) Self-indicating personal weighing machines shall not be tested for sensitivity reciprocal.

76. ERRORS PERMISSIBLE IN VERIFICATION OF PERSONAL WEIGHING MACHINES.

The tolerances permissible in the verification of a personal weighing machine are as specified in–

(a) Table 14 for non-self-indicating baby-weighing scales; and

(b) Table 15 for non-self-indicating personal weighing machines; and

(c) Table 16 for self-indicating personal weighing machines and baby-weighing scales.

TABLE 14. – NON-SELF-INDICATING BABY-WEIGHING SCALES

The tolerances on baby-weighing scales are half the amount prescribed in Table 14 for loads up to half capacity, and the whole amount so prescribed for loads greater than half capacity.

TABLE 15. – NON-SELF-INDICATING PERSONAL WEIGHING MACHINES

The tolerances on non-self-indicating personal weighing machines are half the amount prescribed in Table 15 for loads up to half capacity, and the whole amount so prescribed for loads greater than half capacity.

TABLE 16. – SELF-INDICATING PERSONAL WEIGHING MACHINES AND BABY-WEIGHING SCALES

Division 15.

Counting Machines.

77. REQUIREMENTS FOR COUNTING MACHINES.

A counting machine shall be capable of counting to ± the smallest unit that it is designed to count.

Division 16.

Visible-Bowl Liquid Measures and Flowmeters, etc.

78. REQUIREMENTS FOR VISIBLE-BOWL TYPE OF LIQUID MEASURES.

A liquid-measuring instrument of the visible-bowl type–

(a) shall be constructed so that it is evident and visible that the quantity ordered by or measured for a purchaser has been delivered; and

(b) shall not have anything placed on or in it so as to obstruct the view of the purchaser in any way; and

(c) shall be on a concrete base of a size and shape approved by the Chief Inspector; and

(d) shall be rigidly fixed and vertical before the graduation strips are adjusted; and

(e) shall not show any leakage at any part of its construction; and

(f) shall not have a delivery hose exceeding 315 cm in length, excluding nozzle and fittings, unless approved by the Chief Inspector; and

(g) shall not have any trigger-type valve, delivery nozzle or cock by which liquid may be retained when it is being discharged from the measuring chamber to the purchaser’s receptacle; and

(h) shall be correct within the tolerances permissible, as specified in Table 17; and

(i) shall on a new installation or a reconstructed location–

(i) have a readily accessible filling point for the return of liquid to the supply tank, to the satisfaction of the Chief Inspector; and

(ii) have a return line to the supply tank not less than 3.7 cm in diameter; and

(iii) have no obstruction to the direct access to a clearly identified filling point; and

(iv) be installed so that the front and rear faces of the instrument are not closer than 45 cm to any wall, building or other fixed object, or such greater distance as is necessary to enable the removal of covers.

79. REQUIREMENTS FOR FLOWMETER TYPE KERBSIDE PUMPS.

(1) A flowmeter kerbside pump–

(a) shall be rigidly fixed and vertical; and

(b) shall be tested at varying rates of flow between a minimum of 14 l per minute and its maximum rated capacity, and not exceed the permissible limits of error at any rate of flow within that range; and

(c) shall have the visible delivery flow indicator clean internally and externally at all times; and

(d) shall be fitted with a gas separator or other means for preventing the passage of gas into the measuring device; and

(e) shall be fitted with a delivery hose not exceeding 5m in length, excluding nozzle and fittings, unless otherwise approved by the Chief Inspector; and

(f) shall have a check valve or anti-draining device in the delivery nozzle that does not permit liquid in excess of 56 ml to drain from the hose when the discharge valve is opened; and

(g) when the motor is switched on after no more than eight hours have lapsed since it was last switched on–shall not indicate an amount in excess of 56ml; and

(h) shall be on a concrete base of a size and shape approved by the Chief Inspector; and

(i) shall not show any leakage at any part of its construction; and

(j) shall be correct within the tolerances permissible as specified in Table 17; and

(k) shall, on a new installation or a reconstructed location–

(i) have a readily accessible filling point for the return of liquid to the supply tank, to the satisfaction of the Chief Inspector; and

(ii) have a return line to the supply tank not less than 3.7 cm in diameter; and

(iii) have no obstruction to the direct access to a clearly defined filling point.

(2) A person who renders inoperative any device of the type specified in Subsection (1)(d) is guilty of an offence.

80. REQUIREMENTS FOR SELF-SERVICE PUMPS.

A self-service pump shall–

(a) comply with the requirements for flowmeter type kerbside pumps; and

(b) display in a position adjacent to the coin acceptance unit a notice–

(i) giving directions, approved by the Chief Inspector, for the use of the pump; and

(ii) conspicuously and legibly marked in plain capital letters on a plain background of a contrasting colour; and

(iii) suitably illuminated during the operation of the pump at any time when artificial light is necessary to read the notice.

81. REQUIREMENTS FOR FLOWMETER INSTRUMENTS DELIVERING 90 LITRES OR OVER.

(1) A flowmeter instrument other than a kerbside pump installed at a vehicle or boat-refuelling service station for the sale of petroleum fuels in quantities of 90 l and over–

(a) shall comply with Sections 78, 79 and 80; and

(b) shall have displayed in a suitable position a notice conspicuously and legibly marked in plain block letters on a plain background of a contrasting colour, and not less than 2.5 cm in height, stating that the instrument must not be used for the sale of quantities of less than 90 l, or with such other wording as the Chief Inspector directs; and

(c) where installed on a jetty–shall have as close as practicable a filling plug for the return of liquid to the supply tank; and

(d) where installed at a vehicle service station–shall comply with Section 78; and

(e) where the delivery hose is fitted with an anti-draining device–shall not allow liquid in excess of 600 ml to drain from the hose when the delivery valve is opened; and

(f) shall be installed and operated on a fuel supply line that is within the meter manufacturer’s specifications as to rates of flow and pressure.

(2) The instrument–

(a) shall be tested at varying rates of flow between 20% and 100% of the manufacturer’s stated maximum; and

(b) shall not exceed the permissible limits of error at any rate of flow within that range; and

(c) shall be correct within the tolerances permissible on verification, as specified in Table 17.

(3) A gravity-fed flowmeter instrument to which Subsection (1) applies is exempt from having a gas separator and an anti-drain device or check valve in the delivery nozzle.

82. REQUIREMENTS FOR TWO-STROKE FUEL DISPENSERS.

A two-stroke fuel dispenser shall not–

(a) show any leakage at any part of the mechanism; or

(b) be fitted with a delivery hose exceeding 2 m in length, excluding nozzle, unless otherwise approved by the Chief Inspector.

83. ATTACHED TWO-STROKE FUEL DISPENSERS.

(1) A two-stroke fuel dispenser of a type that is itself an attachment to another measuring instrument so that the quantity delivered is always that which is shown as being delivered by the measuring instrument plus the ratio of oil specified by the purchaser–

(a) shall have a selecting device clearly and distinctly marked in–

(i) the number of millilitres per litre of mixture being delivered; or

(ii) the ratio of the mixture; and

(b) shall be fitted with a price computation chart showing the price of the petrol delivered for each K0.01 rise of the computer and the total price of the mixture delivered.

(2) The tolerances permissible on the verification of two-stroke fuel dispensers are as specified in Table 17.

84. REQUIREMENTS FOR DRUM-FILLING AND TIN-FILLING INSTRUMENTS.

(1) A volumetric drum-filling instrument–

(a) shall be rigidly fixed and vertical before the cut-off or overflow device is adjusted; and

(b) shall not show any leakage at any part of the mechanism; and

(c) shall be fitted with a delivery hose not exceeding 2 m in length, unless otherwise approved by the Chief Inspector; and

(d) shall be fitted with a set repeating preset valve and counter or other device of an approved type; and

(e) shall be installed and operated on a fuel supply line that is within the meter manufacturer’s specifications as to rates of flow and pressure; and

(f) shall be fitted with an emergency stopping device; and

(g) where fitted with air shock bottles that for their proper operation require to be regularly purged–shall have the bottles fitted with two taps so that they can be readily purged.

(2) The tolerances permissible on the verification of drum-filling and tin-filling instruments are as specified in Table 17.

85. REQUIREMENTS FOR FLOWMETERS.

A flowmeter–

(a) shall be fitted with a gas separator or other means for preventing the passage of gas into the measuring device; and

(b) shall not show any leakage at any part of the mechanism; and

(c) where fitted with preset mechanism–shall have the mechanism functioning correctly; and

(d) shall be rigidly fixed; and

(e) shall be installed and operated on a fuel supply line that is within the meter manufacturer’s specifications as to rates of flow and pressure; and

(f) shall be fitted with an emergency stopping device.

86. ADDITIONAL REQUIREMENTS FOR FLOWMETERS USED FOR REFUELING AIRCRAFT.

(1) A flowmeter used for refueling aircraft shall be fitted with a delivery hose not exceeding 50 m in length, excluding nozzle, or, on a unit fitted with a manually operated pump, a hose not exceeding 10 m in length excluding nozzle.

(2) A flowmeter used for refueling aircraft is exempt from having an anti-drain valve in the nozzle.

87. ADDITIONAL REQUIREMENTS FOR FLOWMETERS FITTED TO VEHICLES.

(1) A flowmeter unit fitted to or forming part of a vehicle–

(a) shall be fitted with a delivery hose of a type not subject to pressurization and not exceeding 30 m in length, excluding nozzle, unless otherwise approved by the Chief Inspector; and

(b) shall have a nozzle that has as part of its mechanism an efficient anti-draining device or check valve; and

(c) where the unit is gravity-fed–shall be fitted with a siphon breaking device of an approved type; and

(d) where used for the sale of lubricating oils–shall not have more than one grade of oil flowing through any one meter; and

(e) shall display a notice indicating the products on which the meter has been tested.

(2) A gravity-fed flowmeter unit to which Subsection (1) applies is exempt from having an anti-drain valve in the nozzle.

88. ERRORS PERMISSIBLE ON VERIFICATION OF FLOWMETERS, ETC.

The tolerances permissible on the verification of flowmeters are as specified in Table 17.

TABLE 17. – LIQUID-MEASURING INSTRUMENTS, INCLUDING DRUM-FILLING INSTRUMENTS

Division 17.

Vehicle Tanks.

89. TESTING OF VEHICLE TANKS.

A vehicle tank shall be tested at its capacity and at not less than four other points.

90. LEAKAGES.

A vehicle tank shall not show any leakage at any part of its construction.

91. DIPSTICKS.

A dipstick for a vehicle tank shall not–

(a) be used for trade unless it has been verified and stamped; or

(b) be used to determine the quantity of liquid in any tank or compartment, other than the compartment with which it has been calibrated and verified.

92. CERTIFICATION OF CALIBRATION CHARTS.

(1) A calibration chart showing measurements on a dipstick shall be submitted in triplicate to the Chief Inspector.

(2) The graduations on the dipstick shall be to the nearest 1/64 from the bottom of the dipstick, or at the discretion of the Chief Inspector from a datum point other than the bottom.

(3) The graduations on the dipstick shall be compared with the graduations shown on the chart and if correct, the Chief Inspector shall certify to the correctness of the chart.

93. NEW DIPSTICKS.

When a new or replacement dipstick is made from a certified calibration chart, the dipstick together with the calibration chart for the tank shall be submitted to an inspector for inspection and certification before use.

94. ERRORS PERMISSIBLE ON VERIFICATION OF VEHICLE TANKS.

The tolerances permissible on the verification of vehicle tanks are as specified in Table 18.

TABLE 18. – VEHICLE TANKS

PART VI. – USE OF INSTRUMENTS.

95. INCORRECT USE OF INSTRUMENTS.

(1) A person who uses for trade–

(a) any liquid measure for measuring anything other than a liquid; or

(b) any dry measure for measuring a liquid; or

(c) any scale by suspension in the hand; or

(d) any spring balance marked “For use by itinerant vendors only” or “Hawker’s scale only” otherwise than for the purpose indicated by the marking; or

(e) any platform weighing machine or steelyard stamped “Fuel” otherwise than for weighing firewood; or

(f) on any weighing instrument–proportional weights other than those that were verified for use with the instrument at last verification or inspection; or

(g) in any retail premises–a self-indicating counter machine having a sliding or tare weight; or

(h) any weighing instrument for weighing quantities greater than the capacity of the instrument; or

(i) any weighing instrument with a tare weight poise so placed that to determine the correct net weight of any article weighed it is necessary to add to, or subtract from, the net weight indicated by the instrument; or

(j) any measure, weighing instrument or measuring instrument that is not set up with due regard to the indications of any device provided for the purpose of indicating whether the instrument has been correctly levelled,

is guilty of an offence.

(2) A person who has in his possession for trade–

(a) any instrument on which the stamp has been obliterated by an inspector in accordance with this Regulation; or

(b) any instrument, the zero-adjusting mechanism of which is provided with a set screw or other locking device and is not securely locked so that it cannot be manipulated by hand,

is guilty of an offence.

96. MEASURING OF LIQUID FOR SALE.

A person using a measuring instrument for the purpose of measuring liquid for sale–

(a) if the instrument is so constructed that the measurement is determined by an overflow–shall fill the measuring chamber of the instrument until the graduation strip or line representing the quantity ordered by or measured for a purchaser is submerged by at least 6 mm; and

(b) if the instrument is so constructed that the measurement is determined by the breaking of the liquid at a graduation line or strip and is not governed by an overflow–shall fill the measuring chamber of the instrument until the liquid breaks at the line or strip representing the quantity to be measured; and

(c) if the instrument is of the “flowmeter” type–shall return all indicators to the zero position before commencing delivery; and

(d) in discharging liquid from the instrument to a purchaser–shall completely drain the measuring chamber and hose, if any, into the purchaser’s receptacle; and

(e) shall cause the instrument to be suitably illuminated whenever artificial illumination is necessary for observing properly the operation of measurement; and

(f) shall operate the instrument in accordance with any instructions stamped on it or issued in respect of it.

97. PROHIBITED PRACTICES.

A person shall not–

(a) subdivide any stamped measure unless he first defaces the stamp; or

(b) use for trade any measure that has been subdivided and has not been re-stamped; or

(c) weigh for trade diamonds or other precious stones on any instrument other than a balance or a Class A beam-scale; or

(d) weigh for trade gold, silver or other precious metals, or articles made from any of those metals, on any instrument other than a balance or Class A or Class B beam-scale; or

(e) use any instrument of material or construction as to be liable to become corroded by reason of the action of any substance that is present or likely to be present where the instrument is used; or

(f) where a certificate issued by an inspector limits the trade and purposes for which an instrument of a specified type may be used–use an instrument of such a type for a trade or purpose other than as specified in the certificate; or

(g) make, exhibit, publish or distribute any print or document that purports to be a copy of any certificate issued under this Regulation unless it is a true copy of the original.

98. IDENTIFICATION OF SIMILAR INSTRUMENTS.

The owner or person in possession of more than one instrument on the same premises–

(a) if the instruments are of the same capacity or of a similar general type–shall have each marked for identification with a clear and legible distinguishable number; and

(b) if the instruments have loose proportional weights–shall have those weights marked in a manner so that they may be readily identified with the instruments to which they respectively belong.

99. COMPUTATION OF PRICES.

A person who determines, by means of a price-computing weighing instrument or measuring instrument, the price to be paid for any goods shall read the price to the nearest graduation of the instrument.

100. DETERMINATION OF WEIGHT OF VEHICLE BY END-AND-END WEIGHING.

(1) A person shall not use the method of end-and-end weighing in determining for use for trade, by means of any weighbridge verified and stamped under this Regulation, the weight of any vehicle, whether loaded or unloaded, unless–

(a) all wheels of the vehicle are at all times during the weighing on the platform of the weighbridge or on a smooth and level surface well paved with concrete or other material approved by the Chief Inspector, and in the same horizontal plane as the top of the platform; and

(b) the limits of any such smooth and level surface are plainly indicated by painted marks or in some other manner approved by the Chief Inspector; and

(c) the brakes, gears and any other mechanism capable of restricting the free movement of the vehicle are disengaged at all stages of the actual weighing operation.

(2) Where the weight of a vehicle is ascertained both by direct weighing and by end-and-end weighing, the weight ascertained by direct weighing is, for the purposes of this Regulation, the weight of the vehicle.

(3) In the use of any combination weighbridge for the determination for use for trade of the weight of any vehicle, the load applied to any platform of the weighbridge shall not exceed the capacity of the platform as specified by the manufacturer of the weighbridge.

101. PUBLIC WEIGHBRIDGES.

(1) Subject to Subsection (2), a weighbridge that is not registered under Section 103 as a public weighbridge shall not be used except for ascertaining the weight of–

(a) vehicles that are owned by the owner of the weighbridge; or

(b) goods of which the owner of the weighbridge is the owner, the seller or intending seller, or the purchaser or intending purchaser,

or, where necessary, tare-weighing for that purpose the vehicle bearing the goods.

(2) A weighbridge that is not registered as a public weighbridge may be used by the Government–

(a) for the purposes of any Act relating to the weights of vehicles or wheel load or axle load of any vehicle on a public highway; and

(b) for purposes specified in a permit issued by the Chief Inspector.

PART VII. – REGISTRATION OF PUBLIC WEIGHBRIDGES AND LICENSING OF WEIGHMEN.

102. APPLICATION FOR REGISTRATION.

(1) The owner of a weighbridge may make application in Form 1 to the Chief Inspector for the registration of the weighbridge.

(2) Each application shall be accompanied by a fee of K15.00.

103. CERTIFICATES OF REGISTRATION.

(1) On receipt of an application for the registration of a weighbridge as a public weighbridge, the Chief Inspector shall obtain a report from an inspector and if the weighbridge–

(a) complies in all respects with this Regulation; and

(b) is approved as suitable for public weighing,

the Chief Inspector, on payment of the prescribed fee, shall issue a certificate of registration as a public weighbridge in Form 2.

(2) Where applicable, a certificate issued under Subsection (1) shall be marked–

“THIS WEIGHBRIDGE MUST NOT BE USED FOR END-AND-END WEIGHING”.

104. REQUIREMENTS FOR REGISTRATION OF WEIGHBRIDGE.

A certificate of registration as a public weighbridge shall not be issued for any weighbridge that is not–

(a) of a type and strength suitable for public weighing and suitably situated, having its approaches paved with concrete or other approved material ensuring a hard, true and durable surface and so arranged that surface drainage will not flow into the weighbridge pit; and

(b) so arranged and constructed that the weighman when weighing may see the whole of the platform; and

(c) verified and stamped in accordance with the Act.

105. CANCELLATION OF CERTIFICATES OF REGISTRATION.

The Chief Inspector may cancel the registration of any public weighbridge that–

(a) in his opinion, is unfit for public use; or

(b) does not comply with this Regulation; or

(c) has not been inspected and tested at least once in every 12 months.

106. PERIOD OF REGISTRATION.

A certificate of registration as a public weighbridge remains in force until cancelled or suspended by the Chief Inspector.

107. CLOSURE ON CANCELLATION.

If he is notified by the Chief Inspector that the registration has been cancelled or suspended, the owner of a public weighbridge shall close the weighbridge to public use immediately.

108. DISPLAY OF CERTIFICATE OF REGISTRATION.

The owner of a registered public weighbridge–

(a) shall provide, and maintain in a prominent position in view of the public, a sign showing the number of the certificate of registration issued for the weighbridge in the form “REGISTERED PUBLIC WEIGHBRIDGE NO. . . .”, in letters and figures at least 100 mm high and of proportionate width, and in contrast with their background; and

(b) if the weighbridge is to be used during the hours of darkness–shall provide adequate illumination for the office of the weighman and the platform; and

(c) shall have the certificate of registration securely framed and covered by glass and prominently exhibited in the weighman’s office; and

(d) if he knows or has reason to believe that the weighbridge is incorrect–

(i) shall promptly inform an inspector of his knowledge or belief; and

(ii) shall not permit the weighbridge to be used; and

(e) shall not permit a person who is not registered as a weighman to act as weighman at the weighbridge; and

(f) shall provide suitable means for locking any door or window of the weighman’s office so that unauthorized persons are prevented from using the weighbridge or having access to any weight tickets (whether used or unused) at any time when the owner or a person authorized by him is not present at the weighbridge.

109. WEIGHT TICKETS.

(1) The owner of a registered public weighbridge–

(a) shall provide weight tickets in Form 3; and

(b) shall cause the weight tickets to be printed, bound in books and numbered consecutively, with at least one copy of each ticket, the respective copies to be marked “ORIGINAL”, “DUPLICATE”, “TRIPLICATE”, as the case may be; and

(c) shall retain the original of every weight ticket issued for one year from the date of issue; and

(d) shall produce the ticket on demand by an inspector at any reasonable time.

(2) On application, the Chief Inspector may approve of weight tickets for particular purposes being of different types or containing information other than that in Form 3.

110. APPLICATION FOR REGISTRATION AS WEIGHMAN.

An application for registration as a weighman shall be made to the Chief Inspector in Form 4, and shall be accompanied by a fee of K4.00.

111. REQUIREMENTS FOR REGISTRATION AS WEIGHMAN.

The Chief Inspector may require a person applying for registration as a weighman–

(a) to demonstrate his ability to carry out the duties of a weighman; and

(b) to produce references as to his character and competence.

112. CERTIFICATE OF REGISTRATION OF WEIGHMAN.

A certificate of registration of a weighman shall be in Form 5, and remains in force until cancelled or suspended by the Chief Inspector.

113. CANCELLATION OF CERTIFICATE OF REGISTRATION OF WEIGHMAN.

The Chief Inspector may suspend or cancel the certificate of registration of a weighman who has–

(a) obtained the certificate by a false statement or misrepresentation; or

(b) been convicted of an offence under the Act or this Regulation; or

(c) been guilty of misconduct that makes him unfit to hold the certificate.

114. DUTIES OF WEIGHMAN.

(1) A weighman operating a public weighbridge–

(a) shall keep the weighbridge truly balanced; and

(b) shall keep the platform clean and the space between the frame and platform free from obstruction; and

(c) on payment of the prescribed fee–shall weigh any vehicle presented to be weighed if it is within the capacity of the weighbridge; and

(d) shall exercise due care in the performance of his duties to ensure correct weighing and the issue of correct weight tickets; and

(e) on tare-weighing any vehicle–shall immediately enter in the weight book in the proper consecutive order in which the weighing was made–

(i) the correct weight and description of the vehicle; and

(ii) the name of the driver; and

(iii) the date of the weighing; and

(f) when writing weight tickets–shall make each copy a correct copy of the original by the use of carbon paper; and

(g) if an error is made in writing a weight ticket–shall cancel the ticket and every copy, and retain them in the book in which they were bound; and

(h) on demand, and on payment of the prescribed fee, by any person interested in any goods weighed on the weighbridge–shall supply a copy of any weight ticket issued in respect of the goods, duly marked “COPY OF TICKET NO. . . .”; and

(i) when issuing copies of previously issued tickets–shall comply with the requirements of Paragraph (e); and

(j) on demand by an inspector–

(i) shall produce the original ticket relating to any weighing made at the weighbridge during the year immediately preceding the demand; and

(ii) shall, without charge, weigh or reweigh any loaded or unloaded vehicle; and

(iii) shall produce his certificate of registration as a weighman.

(2) A weighman operating a public weighbridge shall not–

(a) alter the original or any copy of a ticket after a duplicate has been issued; or

(b) issue a ticket that is not a correct copy of the original; or

(c) remove, or permit to be removed, any unused ticket from the book in which it is bound; or

(d) issue a ticket embodying the tare weight of a vehicle unless–

(i) on the same day he has weighed the unloaded vehicle and knows the tare weight to be correct; or

(ii) where the tare and gross weighings are not made on the same weighbridge–he copies the tare weight from a tare weight ticket issued on the same day by the weighman of another weighbridge, the number of which weighbridge is recorded on the ticket; or

(e) issue a ticket for any loaded vehicle unless he has personally weighed the vehicle immediately before issuing the weight ticket; or

(f) weigh any loaded or unloaded vehicle on a weighbridge that he knows or has reason to believe to be incorrect; or

(g) issue a ticket embodying the weight of any vehicle ascertained by end-and-end weighing unless he stamps across the ticket in not less than 20-point heavy capital type the words “end-and-end weighing–weight not guaranteed”; or

(h) permit any person to act as a weighman at any weighbridge in contravention of this Regulation; or

(i) assist in, connive at or knowingly permit any fraud in connection with–

(i) the weight or weighing of any loaded or unloaded vehicle; or

(ii) the issue of any weight ticket; or

(j) make or connive at any false representation being made in regard to the weight or loading of a vehicle.

115. FRAUDULENT PROCEEDINGS IN WEIGHING.

If the weighman of a weighbridge has knowledge of any fraudulent proceeding in connection with the weight or weighing on the weighbridge of any vehicle or of its loading, he shall promptly inform the Chief Inspector.

116. USE OF UNREGISTERED WEIGHBRIDGES.

A person shall not use or permit to be used as a public weighbridge a weighbridge that is not registered under Section 103.

117. DEFACING OF CERTIFICATES OF REGISTRATION.

A person shall not deface or alter a certificate of registration of a public weighbridge.

118. UNREGISTERED WEIGHMEN.

(1) Subject to Subsection (2), a person who is not registered as a weighman shall not act as a weighman at a public weighbridge.

(2) Subsection (1) does not apply to–

(a) an inspector acting in the course of his duties under this Regulation; or

(b) a person weighing goods of which the owner of the weighbridge is the owner, the seller or intending seller or the purchaser or intending purchaser, or, where necessary, tare-weighing for that purpose the vehicle bearing the goods.

PART VIII. – MISCELLANEOUS.

119. FEES.

(1) Fees in accordance with Schedule 2 are payable in respect of any comparison, verification, stamping, adjustment or service in connection with an instrument.

(2) A person failing to pay fees within the prescribed time is liable to a penalty not exceeding K10.00.

120. GENERAL PENALTY.

A person who commits a breach of this Regulation, or who contravenes or fails to comply with any provision of this Regulation, is guilty of an offence.

Penalty: A fine not exceeding K200.00.

121. CAUTION FOR BREACH.

Instead of taking action as for an offence, the Chief Inspector may issue a written caution in respect of any breach of this Regulation.

SCHEDULE 1

PAPUA NEW GUINEA.

Trade Measurement Act 1973.

Form 1 – Application for Registration of Weighbridge as Public Weighbridge.

Reg. Sec. 102. Form 1.

PAPUA NEW GUINEA.

Trade Measurement Act 1973.

Form 2 – Certificate of Registration of Public Weighbridge.

Reg. Sec. 103. Form 2.

PAPUA NEW GUINEA.

Trade Measurement Act 1973.

Form 3 – Weight Ticket.

Reg., Sec. 109. Form 3.

PAPUA NEW GUINEA.

Trade Measurement Act 1973.

Form 4 – Application for Registration as Weighman.

Reg., Sec. 110. Form 4.

PAPUA NEW GUINEA.

Trade Measurement Act 1973.

Form 5 – Certificate of Registration as Weighman.

Reg., Sec. 112. Form 5.

SCHEDULE 2 – FEES.

Reg., Sec. 119.

Office of Legislative Counsel, PNG