The Weighing Equipment (Automatic Rail-weighbridges) Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations implement, in Great Britain, International Recommendation OIML R 106 of the Organisation Internationale de Métrologie Légale relating to Automatic rail-weighbridges (Edition 1997 (E)), to the extent that the Recommendation applies to such instruments following the grant or renewal of a certificate of approval of a pattern by the Secretary of State under section 12 of the Weights and Measures Act 1985 (the 1985 Act).

2.  Regulation 3 applies the Regulations to “automatic rail-weighbridges” (or “instruments”) as defined in regulation 2(1) (in part by way of reference to the components described in Schedule 1). Such instruments are prescribed, by regulation 3(1), for the purposes of section 11(1) of the 1985 Act (certain equipment to be passed and stamped for use for trade). The Regulations do not apply in the circumstances described in regulation 3(2). There is a transitional exclusion set out in regulation 4(1) but this exclusion does not apply in the case of an automatic rail-weighbridge which bears the marking “R 106”.

3.  Regulation 5 sets out some general duties relating to the use for trade of an “automatic rail-weighbridge” in terms of erection and installation (Schedule 2), use and manner of use (Schedule 3) and when it is used as a non-automatic weighing instrument that serves to determine the mass of a load by using the action of gravity. Regulation 6 provides for certain requirements which must be satisfied before an “automatic rail-weighbridge” is passed as fit for use for trade for the purposes of the Regulations; these relate to compliance with a pattern in respect of which a “certificate of approval” remains in force, the application of descriptive markings in accordance with Schedule 4 and provisions in respect of initial verification testing in accordance with the procedure specified in clause 5.2 of Part 1 of OIML R 106 or on an equivalent basis. Regulation 7 and Schedule 5 incorporate some supplementary requirements relating to the testing, passing as fit for use for trade and stamping of any “automatic rail-weighbridge”. Regulation 8 makes provision for “automatic rail-weighbridges” imported from another EEA State into Great Britain not to be tested by an inspector when an inspector is presented with the “requisite documentation” (as defined in that regulation), unless he is not satisfied with that “requisite documentation”.

4.  Regulation 9 specifies circumstances where an inspector shall not pass an “automatic rail-weighbridge” as fit for use for trade, including a failure to comply with the prescribed limits of error in accordance with the provisions of regulation 9(3) and Schedule 6. Provision is also made, in regulation 9(2), for circumstances in which an “automatic rail-weighbridge” imported from another EEA State shall not be passed as fit for use for trade.

5.  Regulations 10–15 relate to the stamping and obliteration of stamps on “automatic rail-weighbridges”.

6.  Some supplementary definitions also appear in regulation 2(1).

7.  These Regulations have been notified to the European Commission and the other member States in accordance with Directive 98/34/EC of the European Parliament and of the Council (OJ No. L204, 21.7.98, p.37), as amended by Directive 98/48/EC of the European Parliament and of the Council (OJ No. L217, 5.8.98, p.18).

8.  Copies of the publications of the Organisation Internationale de Métrologie Légale (see definition of “OIML R 106” in regulation 2(1)) are available from the Organisation at 11 rue Turgot, Paris, 75009, France and from the National Weights and Measures Laboratory, Stanton Avenue, Teddington, Middlesex, TW11 OJZ.

9.  A Regulatory Impact Assessment in respect of these Regulations is available and a copy can be obtained from the National Weights and Measures Laboratory (an Executive Agency of the Department of Trade and Industry), Stanton Avenue, Teddington, Middlesex, TW11 OJZ. A copy has also been placed in the libraries of both Houses of Parliament.

10.  BS EN ISO/IEC 17025:2000 is available from any of the sales outlets operated by the British Standards Institution or from the British Standards Institution, Linford Wood, Milton Keynes, MK14 6LE.