Vehicle and Traffic (Vehicle Operations) Regulations 2024

In this regulation – testing authority means the Secretary of the responsible Department in relation to the Roads and Jetties Act 1935 or a person authorised by the Secretary to test portable weighing devices.

A portable weighing device is not to be used for the purpose of regulation 21 if – the portable weighing device has not been – tested by the testing authority within the previous 12 months; and shown to have a limit of error less than 2%; or the load to be measured in any single weighing operation is – less than the smallest mass at which the portable weighing device was last tested by the testing authority; or more than the largest mass at which the portable weighing device was last tested by the testing authority; or any repairs to the mechanism have been carried out since the device was last tested and the device has not again been tested.

A certificate in a form approved by the Commission and signed by the testing authority is admissible as evidence and is, in the absence of proof to the contrary, proof – that the portable weighing device to which it relates has been duly tested; and of the accuracy of the device; and of the fact that the person named in the certificate was in fact the Secretary of the responsible Department in relation to the Roads and Jetties Act 1935 or a person authorised by the Secretary for the purposes of this regulation.