Australian Capital Territory Numbered Regulations

TRADE MEASUREMENT (WEIGHBRIDGES) REGULATIONS (NO. 30 OF 1991)

TABLE OF PROVISIONS

   PART I--PRELIMINARY CITATION 1. THESE REGULATIONS MAY BE CITED AS THE TRADE MEASUREMENT (WEIGHBRIDGES) REGULATIONS.

   2.      (1) Parts I and II commence when section 7 of the Act commences.  
   3.      In these Regulations, unless the contrary intention appears—“approved” means approved by the administering authority; “certificate of suitability”, in relation to a weighbridge, means a certificate issued by the administering authority for the purposes of paragraph 50 (1) (a) of the Act to the effect that the weighbridge is suitable for use as a public weighbridge; “end-and-end measurement” means the determination of a measurement relating to a vehicle (whether loaded or not) by adding together separate measurements of the mass supported singly or in combination by the different axles of the vehicle, those separate measurements having been determined by separate operations of a weighbridge; “licence” means a public weighbridge licence; “operator” means the person who personally determines a measurement by use of a weighbridge; “public weighing” means the use of a weighbridge by or on behalf of the public or for which a charge is made; “the Act” means the Trade Measurement Act 1991.  
   4.      These Regulations have effect in addition to, and do not derogate from, any other regulations under the Act relating to measuring instruments generally.  

   PART II--REQUIREMENTS FOR WEIGHBRIDGES USED FOR TRADE

   5.      This Part applies to weighbridges used for trade (including public weighbridges).  
   6.      A weighbridge must be so situated that—  
   7.      A weighbridge must—  
   8.      A weighbridge must have approaches that—  
   9.      (1) The platforms of a weighbridge must be of concrete or steel, or both, or be of other approved materials.  
   10.     If a weighbridge has a pit—  
   11.     If a weighbridge does not have a pit—  
   12.     If a weighbridge is equipped with electronic devices—  
   13.     In a multi-platform weighbridge—  
   14.     If a weighbridge is portable—  

   PART III--CERTIFICATES OF SUITABILITY (PUBLIC WEIGHBRIDGES)

   15.     (1) A licensee may apply for a certificate of suitability for a weighbridge by lodging at the office of the administering authority the fee prescribed under the Administration Act and a form of application approved by the administering authority stating the applicant's full name and address and details of the make, model, serial number and location of the weighbridge.  
   16.     (1) Except during any period of suspension, or unless it is sooner surrendered or cancelled, a certificate of suitability remains in force—  
   17.     (1) If the administering authority is satisfied that a certificate of suitability has been lost, destroyed or made useless by damage, the administering authority may, on payment of the fee prescribed under the Administration Act for a duplicate certificate, issue a duplicate of the certificate.  
   18.     (1) The administering authority may, by notice in writing served on the licensee personally or by post, suspend the certificate of suitability for a weighbridge if the administering authority, after examination of the weighbridge by an inspector, is of the opinion that any application for a new certificate for the weighbridge made at the time of the examination would have been refused.  
   19.     If a certificate of suitability issued to a licensee is cancelled, the licensee (whether or not still holding a licence) is guilty of an offence unless the certificate is delivered to the licensing authority not later than 7 days after its cancellation.  
   20.     The administering authority shall maintain a register of weighbridges for which a certificate of suitability is current and shall enter in the register—  

   PART IV--PUBLIC WEIGHBRIDGES--LICENSEES AND OPERATORS

   21.     It is a condition of a licence that the licensee—  
   22.     A licensee must exhibit in view of the public at each weighbridge made available under the authority of the licence—  
   23.     (1) A licensee must provide at each weighbridge made available under the authority of the licence—  
   24.     A licensee who makes a weighbridge available as a public weighbridge must ensure that—  
   25.     An operator of a public weighbridge is guilty of an offence if he or she—  
   26.     A licensee must notify the licensing authority in writing of—  
   27.     (1) If a public weighbridge is used only to measure the tare mass of a vehicle for registration purposes, that use shall not be considered to be use as a public weighbridge for the purposes of section 43 of the Act so long as—  
   28.     For the purposes of section 47 of the Act, the prescribed particulars to be kept in a register by the licensing authority in respect of each licence are as follows:  

   PART V--END-AND-END WEIGHING

   29.     If a public weighbridge is used for public weighing to determine an end-and-end measurement, the licensee and operator of the public weighbridge are each guilty of an offence.  
   30.     (1) A person who uses for trade a weighbridge in order to determine an end-and-end measurement is guilty of an offence unless subregulation (2) is complied with.  

   PART VI--MISCELLANEOUS

   31.     A licensee or operator of a weighbridge is guilty of an offence if he or she—  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3