23Portable weighing devices

23 Portable weighing devices

(1)  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.

(2)  A portable weighing device is not to be used for the purpose of regulation 21 if –

(a) the portable weighing device has not been –

(i) tested by the testing authority within the previous 12 months; and

(ii) shown to have a limit of error less than 2%; or

(b) the load to be measured in any single weighing operation is –

(i) less than the smallest mass at which the portable weighing device was last tested by the testing authority; or

(ii) more than the largest mass at which the portable weighing device was last tested by the testing authority; or

(c) any repairs to the mechanism have been carried out since the device was last tested and the device has not again been tested.

(3)  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 –

(a) that the portable weighing device to which it relates has been duly tested; and

(b) of the accuracy of the device; and

(c) 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.