The Measuring Instruments (Automatic Rail-weighbridges) Regulations 2006

PART III USE FOR TRADE OF AUTOMATIC RAIL-WEIGHBRIDGES

Requirements for use for trade

14.  No person shall use for trade an automatic rail-weighbridge unless—

(a) it is compliant with the essential requirements, other than the provisions relating to maximum permissible errors referred to in paragraph 17 of Schedule 1;

(b) it has been erected and installed in accordance with regulation 15;

(c) it operates within the maximum permissible errors set out in regulation 16(1); and

(d) the requirements of regulations 16(2) and 17 are complied with.

Manner of erection and installation

15.—(1) Every automatic rail-weighbridge shall be—

(a) so positioned as to facilitate cleaning and testing; and

(b) installed so that the weighing operation is the same for testing as it is for a transaction.

(2) If the weighing mechanism of the automatic rail-weighbridge is contained in a pit, there shall be provision for drainage to ensure that no portion of the instrument becomes submerged or partially submerged in any liquid.

Maximum permissible error and accuracy class

16.—(1) Where an automatic rail-weighbridge falls within an accuracy class in column 1 of the following Table, the instrument shall operate within the maximum permissible error specified for that class in column 2 of that Table.

Table 1

Column 1	Column 2
Accuracy class	Maximum permissible error as a percentage of the mass of a single wagon or total train
0.2	± 0.2%
0.5	± 0.5%
1	± 0.1%
2	± 2.0%

(2) Where an automatic rail-weighbridge falls within an accuracy class of 2, it shall only be used for trade for the weighing of a wagon loaded with—

(a) any of the materials to which the expression “ballast” applies in Schedule 4 of the 1985 Act;

(b) any material the disposal of which constitutes a landfill disposal as defined in section 70(2) of the Finance Act 1996(1), whether or not the disposal amounts to a taxable disposal as defined in section 40 of that Act; or

(c) household, industrial or commercial waste.

(3) For the purposes of paragraph (2)(c), “household waste”, “industrial waste” and “commercial waste” shall be construed in accordance with section 75 of the Environmental Protection Act 1990(2), provided that “waste” shall include any waste disposed of for reprocessing or recycling purposes but shall not include any radioactive waste as defined in section 2 of the Radioactive Substances Act 1993(3).

Manner of use

17.—(1) Where an automatic rail-weighbridge is marked with—

(a) a temperature range, it shall not be used for trade in temperatures outside that range;

(b) a weight measurement range, it shall not be used for trade to measure any weight outside that range.

(2) Where an automatic rail-weighbridge bears a mark which signifies the manner and purpose of use, it shall not be used for trade in a manner or for a purpose which does not accord with that marking.

(3) An automatic rail-weighbridge shall not be used for trade—

(a) unless it is properly balanced or set to zero immediately prior to use; or

(b) in circumstances—

(i) in which it may be prevented from operating consistently or accurately; or

(ii) which are likely prematurely to degrade its metrological characteristics.

(4) Where an automatic rail-weighbridge is fitted with a printing device, the instrument shall not be used for trade unless the printing device produces a printout which—

(a) indicates the weight of each wagon weighed or, in the case of a total train, the weight of that total train;

(b) indicates which wagon, if any, has travelled over the load receptor at a speed outside the range of operating speeds; and

(c) is not altered due to any wagon travelling over the load receptor more than once.

(1)

1996 c. 8.

(2)

1990 c. 43.

(3)

1993 c. 12.