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STATUTORY INSTRUMENTS


2006 No. 1256

WEIGHTS AND MEASURES

The Measuring Instruments (Automatic Rail-weighbridges) Regulations 2006

  Made 28th April 2006 
  Laid before Parliament 5th May 2006 
  Coming into force
  Regulations 1, 2, 7, 9 and 10 and Part 1 of Schedule 2 30th May 2006 
  Remaining regulations 30th October 2006 


CONTENTS


PART I

PRELIMINARY
1. Citation and commencement
2. Interpretation
3. Application

PART II

PLACING ON THE MARKET AND PUTTING INTO USE OF AUTOMATIC RAIL-WEIGHBRIDGES
4. Requirements for placing on the market and putting into use
5. Compliance with the essential requirements
6. Conformity assessment procedures
7. Designation of United Kingdom notified bodies
8. Functions of notified bodies
9. Provisions supplemental to regulation 7
10. Variation and termination of designations
11. Fees
12. Marking and identification requirements
13. Conformity with other directives

PART III

USE FOR TRADE OF AUTOMATIC RAIL-WEIGHBRIDGES
14. Requirements for use for trade
15. Manner of erection and installation
16. Maximum permissible error and accuracy class
17. Manner of use

PART IV

ENFORCEMENT
18. Enforcement authority
19. Compliance notice procedure
20. Immediate enforcement action
21. Review by the Secretary of State
22. Disqualification
23. Re-qualification
24. Testing of rail-weighbridges
25. Unauthorised application of authorised marks
26. Powers of entry and inspection
27. Obstruction of enforcement officer
28. Penalties for offences
29. Defence of due diligence
30. Liability of persons other than the principal offender

PART V

MISCELLANEOUS AND SUPPLEMENTAL
31. Service of documents
32. Savings for certain privileges
33. Adaptation for Northern Ireland

  SCHEDULE 1— ESSENTIAL REQUIREMENTS

  SCHEDULE 2— NOTIFIED BODIES
 PART 1— NOTIFIED BODY CRITERIA
 PART 2— FUNCTIONS

  SCHEDULE 3— TECHNICAL DOCUMENTATION

  SCHEDULE 4— MARKING AND INSCRIPTIONS

  SCHEDULE 5— ADAPTATIONS FOR NORTHERN IRELAND

The Secretary of State is a Minister designated[
1] for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to, and for purposes ancillary to, the regulation of specifications, construction, placing on the market and use of articles, instruments, containers or other equipment intended for weighing, measuring or testing.

     The Secretary of State makes the following Regulations under the powers conferred on him by section 2(2) of that Act and, in relation to Part III of the Regulations, under the powers conferred on him by sections 15(1) and 86(1) of the Weights and Measures Act 1985[3].



PART I

PRELIMINARY

Citation and commencement
     1. —(1) These Regulations may be cited as the Measuring Instruments (Automatic Rail-weighbridges) Regulations 2006.

    (2) This regulation, regulations 2, 7, 9 and 10 and Part 1 of Schedule 2 shall come into force on 30th May 2006.

    (3) The remaining regulations shall come into force on 30th October 2006.

Interpretation
    
2. —(1) In these Regulations—

who has been notified to the Commission and the other member States pursuant to Article 11.1;

    (2) Other expressions used in these Regulations have the same meanings as in the 1985 Act.

    (3) In these Regulations, a reference to a member State includes Norway, Iceland and Liechtenstein[7].

    (4) References in these Regulations to an Article, Annex or a part of an Annex are references to an Article, Annex or a part of an Annex to the Directive.

Application
     3. —(1) Subject to paragraphs (2) and (3), these Regulations apply to an automatic rail-weighbridge which is—

    (2) These Regulations do not apply to an automatic rail-weighbridge—

    (3) These Regulations do not apply to an automatic rail-weighbridge which is not compliant with the essential requirements and which is displayed or presented at a trade fair, exhibition or demonstration, if a sign displayed visibly on or near the instrument clearly indicates that the instrument—



PART II

PLACING ON THE MARKET AND PUTTING INTO USE OF AUTOMATIC RAIL-WEIGHBRIDGES

Requirements for placing on the market and putting into use
     4. —(1) No person shall place on the market or put into use an automatic rail-weighbridge unless the following requirements, or the corresponding requirements of the Directive as implemented under the law of another member State, are met—

    (2) A person who fails to comply with the requirements of paragraph (1) shall be guilty of an offence and any automatic rail-weighbridge to which the offence relates shall be liable to be forfeited.

Compliance with the essential requirements
    
5. —(1) A manufacturer may demonstrate that an automatic rail-weighbridge is compliant with the essential requirements by—

and selecting and following one of the conformity assessment procedures.

    (2) An automatic rail-weighbridge which is compliant with the relevant national standard or relevant normative document shall be presumed to be compliant with the essential requirements.

    (3) Where the automatic rail-weighbridge is compliant only in part with the relevant national standard or relevant normative document, it shall be presumed to be compliant only with that part of the essential requirements which corresponds to the element of the relevant national standard or relevant normative document with which the instrument is compliant.

    (4) Where an automatic rail-weighbridge includes or is connected to a device which is not used for trade—

Conformity assessment procedures
    
6. —(1) The conformity assessment procedures are the procedures as follows—

    (2) The manufacturer or his authorised representative shall provide to the notified body carrying out the relevant conformity assessment procedure the technical documentation set out in Schedule 3.

    (3) In this regulation—

Designation of United Kingdom notified bodies
    
7. —(1) The Secretary of State may, on the application of a person, designate that person to be a United Kingdom notified body.

    (2) The Secretary of State shall not make a designation under paragraph (1) unless he is satisfied that the person meets the notified body criteria.

    (3) A person who meets the criteria laid down in a national standard shall be presumed to meet that part of the notified body criteria which corresponds to the criteria in the national standard.

    (4) A designation under paragraph (1)—

    (5) In exercising the power conferred on him by paragraph (1), the Secretary of State may (in addition to the matters of which he is required to satisfy himself pursuant to paragraph (2)) have regard to any matter appearing to him to be relevant.

    (6) For the purposes of paragraph (3), "national standard" means a standard applicable to the designation of notified bodies—

Functions of notified bodies
    
8. A notified body shall carry out the functions set out in Part 2 of Schedule 2.

Provisions supplemental to regulation 7
    
9. —(1) The Secretary of State shall, from time to time, publish a list of notified bodies indicating, in the case of each United Kingdom notified body, the description of any automatic rail-weighbridge in respect of which that notified body is designated; and such a list may include information concerning any condition to which the designation of any United Kingdom notified body is subject.

    (2) The Secretary of State shall, from time to time, carry out an inspection of each United Kingdom notified body with a view to verifying that it—

but, unless it appears to him that there are circumstances which make it necessary or expedient to do so, he shall not carry out an inspection within two years from the date of designation under regulation 7, or of any later inspection under this paragraph.

Variation and termination of designations
    
10. —(1) The Secretary of State may vary a designation made under regulation 7 if—

    (2) The Secretary of State may terminate a designation made under regulation 7—

    (3) Where the Secretary of State is minded to—

he shall—

    (4) If a designation is terminated under paragraph (2), the Secretary of State may—

Fees
    
11. —(1) A United Kingdom notified body may charge such fees in connection with, or incidental to, the carrying out of conformity assessment procedures or specific tasks as it may determine.

    (2) The fees referred to in paragraph (1) shall not exceed the following—

    (3) The power in paragraph (1) includes the power to require the payment of fees or a reasonable estimate of such fees in advance of carrying out the work requested by the applicant.

    (4) Where any fees payable to a United Kingdom notified body pursuant to this regulation remain unpaid 28 days after either the work has been completed or payment of the fees has been requested in writing, whichever is the later, that notified body may by 14 days' notice in writing provide that, unless the fees are paid before the expiry of the notice, the certificate or notification appropriate to the relevant conformity assessment procedure may be suspended until payment of the fees has been received.

Marking and identification requirements
    
12. —(1) Where an automatic rail-weighbridge is compliant with the essential requirements—

    (2) Any other marking may be affixed to an automatic rail-weighbridge provided that the visibility and legibility of the CE marking, the M marking and the identification number of the notified body are not reduced.

    (3) For the purposes of paragraph (1)—

Conformity with other directives
    
13. —(1) Where an automatic rail-weighbridge falls within the scope of other directives which provide for the affixing of the CE marking, the affixing of the CE marking under these Regulations shall indicate that the instrument is also presumed to be compliant with the requirements of those other directives.

    (2) Where paragraph (1) applies, the publication reference of such other directives in the Official Journal of the European Union must be given in the documents, notices or instructions required to accompany the instrument.



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—

Manner of erection and installation
    
15. —(1) Every automatic rail-weighbridge shall be—

    (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—

    (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[11], 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[12].

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

    (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—

    (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—



PART IV

ENFORCEMENT

Enforcement authority
    
18. —(1) It shall be the duty of every local weights and measures authority to enforce these Regulations within its area.

    (2) The Secretary of State may enforce Part II of these Regulations and for that purpose may appoint any person to act on his behalf.

    (3) No proceedings for an offence under these Regulations may be instituted in England and Wales except by or on behalf of an enforcement authority.

    (4) Nothing in these Regulations shall authorise an enforcement authority to bring proceedings in Scotland for an offence.

Compliance notice procedure
    
19. —(1) Where an enforcement authority establishes that, in the case of an automatic rail-weighbridge that has been placed on the market or put into use, the CE marking or the M marking has, or both have, been affixed unduly, the following provisions of this regulation shall have effect.

    (2) The enforcement authority shall serve a compliance notice on the manufacturer or his authorised representative which shall—

    (3) For the purposes of paragraph (1)—

    (4) Where a compliance notice is served by an enforcement authority other than the Secretary of State, it shall, at the same time as it serves that notice, send a copy to the Secretary of State.

Immediate enforcement action
    
20. —(1) Where an enforcement authority has reasonable grounds for considering that—

the following provisions of this regulation shall have effect.

    (2) The enforcement authority shall serve an enforcement notice on the manufacturer or his authorised representative which shall—

    (3) A notice under paragraph (2) may—

    (4) Where an enforcement notice is served by an enforcement authority other than the Secretary of State, it shall, at the same time as it serves that notice, send a copy to the Secretary of State.

    (5) In the case of a certificate or notification referred to in paragraph (3)—

Review by the Secretary of State
     21. —(1) Where a person is aggrieved by a compliance notice or an enforcement notice served by an enforcement authority other than the Secretary of State, that person may apply to the Secretary of State to review such notice.

    (2) An application under paragraph (1) shall—

    (3) The Secretary of State may—

    (4) The Secretary of State shall, within a reasonable time, inform the aggrieved person and the enforcement authority referred to in paragraph (1) in writing of his decision whether to uphold the notice served by that authority, together with reasons for his decision.

    (5) Where the Secretary of State does not uphold any notice referred to in paragraph (1), he shall give instructions for the withdrawal of that notice.

Disqualification
     22. —(1) If it appears to an inspector that an automatic rail-weighbridge which bears—

is used for trade in circumstances where—

    (2) Where one or more of the markings and identification requirements referred to in paragraph (1) is not affixed to an automatic rail-weighbridge, the inspector may affix a disqualification sticker to the instrument.

    (3) Where it appears to the inspector that the nature or degree of non-compliance of the automatic rail-weighbridge under paragraph (1) is not such that a disqualification sticker should be immediately affixed to it, he may give to any person in possession of the instrument a notice requiring that person to rectify the non-compliance before the expiry of a stated period not less than 14 days and not exceeding 28 days from the date of the notice.

    (4) If a notice given under paragraph (3) is not complied with, the inspector shall affix a disqualification sticker to the automatic rail-weighbridge.

    (5) A disqualification sticker which is affixed to an automatic rail-weighbridge shall be affixed in such a position that it is clearly visible when the instrument is in its regular operating position.

    (6) A person shall be guilty of an offence if he uses for trade an automatic rail-weighbridge to which there is affixed a disqualification sticker, unless a re-qualification sticker has been affixed to the instrument in accordance with regulation 23.

Re-qualification
    
23. —(1) Where—

a person requiring a re-qualification sticker to be affixed to the instrument shall submit it, in such manner as may be directed, to an inspector or approved verifier and provide such assistance as the inspector or approved verifier may reasonably require.

    (2) An inspector or approved verifier may affix a re-qualification sticker to that automatic rail-weighbridge if satisfied that the instrument is compliant with—

    (3) For the purposes of being satisfied that a re-qualification sticker may be affixed to an automatic rail-weighbridge, an inspector or approved verifier may take such steps as he considers appropriate, including testing the instrument by means of such test equipment as he considers appropriate and suitable for the purpose.

    (4) There may be charged in respect of any steps taken under paragraph (3)—

having regard to the character and extent of the work done or to be done.

    (5) The inspector or approved verifier shall keep a record of any test carried out under paragraph (3).

    (6) Where a re-qualification sticker is affixed to an automatic rail-weighbridge pursuant to paragraph (2), it shall be affixed in such a position that it obliterates as far as possible any disqualification sticker.

Testing of rail-weighbridges
    
24. —(1) Where an inspector considers that a test of an automatic rail-weighbridge is necessary, otherwise than for the purposes of regulation 23(3), he may require the person who has control of the instrument, or whom he has reasonable cause to believe has control of it, to provide to him such equipment, materials, qualified personnel or other assistance as the inspector may reasonably require.

    (2) Every automatic rail-weighbridge submitted for testing shall be in a clean condition.

Unauthorised application of authorised marks
    
25. —(1) Subject to paragraph (2), a person shall be guilty of an offence if, in the case of an automatic rail-weighbridge, he—

    (2) Where the alteration or defacement of an authorised mark is occasioned solely—

that person or his authorised agent, enforcement officer or approved verifier shall not be guilty of an offence under paragraph (1)(b).

    (3) A person shall be guilty of an offence if he places on the market, puts into use or uses for trade an automatic rail-weighbridge—

    (4) An automatic rail-weighbridge in respect of which an offence under this regulation has been committed and any implement used in the commissioning of the offence shall be liable to be forfeited.

    (5) A reference in this regulation to other provisions of these Regulations includes a reference to corresponding provisions under the laws of other member States.

    (6) In this regulation, "authorised mark" means the CE marking, the M marking, the identification number of the notified body which carried out the conformity assessment procedure in respect of the instrument, disqualification sticker or re-qualification sticker.

Powers of entry and inspection
    
26. —(1) Subject to the production if so requested of his credentials, an enforcement officer may for the purposes of these Regulations, at all reasonable times—

    (2) Subject to the production if so requested of his credentials, an enforcement officer may, at any time, seize and detain—

    (3) If a justice of the peace, on written information on oath—

the justice may by warrant under his hand, which shall continue in force for a period of one month, authorise the enforcement officer to enter the premises, if need be by force.


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