pennsylvania association of weights and measures ************************

Pennsylvania AssociationPennsylvania Associationofof

Weights and MeasuresWeights and Measures************************************************

VoluntaryCertified Training for Public

WeighmastersInstructor: Dean F. Ely

Produced by: Pamela Brooke Ely

Landfill OperationsLandfill Operations

Feed MillFeed Mill

General Public WeighingGeneral Public Weighing

Coal DealerCoal Dealer

Certified Training forCertified Training forPublic WeighmastersPublic Weighmasters

Based on Pennsylvania laws and regulations Training materials provided Laws & regulations provided Certificate upon completion and testing

Newspaper HeadlinesNewspaper Headlines

“For thieves, metal transmutes to cold, hard cash.” USA Today.

“Out of 50 operating landfills, 15 have not submitted entire fees for the quarter.” ( $570,000 Statewide.) DEP News Release

“DEP issues notice of violation to non-complying landfill operator for not paying all tipping fees.” DEP News Release

“300 lb aluminum theft alleged of Williamsport man.”

“Three men charged in 700 lb aluminum theft.”

“Ex-employee of recycling firm pleads guilty to conspiracy”

“Landfill manager pleads guilty to two felonies and 23 misdemeanors”

“Waste authority pays $143,000 in fines for misleading weigh tickets”

Quotes courtesy of Williamsport Sun-Gazette

PA Association of PA Association of Weights & MeasuresWeights & Measures

Certified training for Public Weighmasters Who must be licensed? Qualifications Responsibilities and duties Problem areas

Who must be licensed?• Chapter 9, Section 9.3

• Any person assuming the title “Public Weighmaster” or those who perform the duties or acts as such, must possess a valid weighmaster license.

• Weighing “bulk” commodities in “commercial” transactions.

• Wholesale or retail.• Filling out an invoice or weight certificate.


Public Weighmaster Public Weighmaster TrainingTraining

Qualifications• Must be at least 18 years of age.• Must own or have use of a weighing device.• Weighing device must be in accordance with

Subchapter D of Act #155, Chapter 10, and approved by the Bureau or NTEP.

• Approval by the Weights and Measures Officer of the Commonwealth.

• Device must be appropriate for intended use.

Responsibilities and DutiesMust be LicensedApproved Weighmaster’s CertificatesKnowledge of Scale OperationDisplay of LicenseFollow all Requirements of Law & RegulationsRetention of Weight Certificates


Act # 155 Subchapter CAct # 155 Subchapter C

4150. Enforcement & Regulations(a) Director is authorized and directed to enforce the

provisions of this subchapter and to adopt regulations

(b) This chapter does not apply to the weighing of vehicles under 75 PA C. S. Chapter 49 or Department staff when checking net weight

4151. Licenses(a) No person shall make or issue a weighmaster’s

certificate unless licensed

Act # 155 Subchapter CAct # 155 Subchapter C 4151. Licenses (continued)

(b) City or county inspector may verify accuracy of statements

(c) Fee: License fee shall be $60 for two years

(d) License shall be displayed

(e) License may be suspended or revoked

1. Dishonesty

2. Incompetence

3. Inaccuracy

4. Conviction

4153. Preparation of Weighmaster’s Certificate

• Weighmaster may make only entries determined by him/her personally.

• Weighmaster may not make entries on a weight certificate issued by another person.


4152. Weighmaster’s Certificate• The original weighmaster’s certificate shall

be typewritten or made out in ink or indelible pencil, and the original and each copy of the certificate shall show all of the following:

(1) The kind and size of commodity

(2) The name and address of the seller *


4152. Weighmaster’s Certificates

(3) The name and address of the purchaser.(4) The license number of the vehicle and

trailer or other means of permanent ID.(5) The signature and license number of the

licensed weighmaster who weighed the commodity and who issued the weight

certificate.(6) The date and hour weighed.


4152. Weighmaster’s Certificates(7) The gross weight in avoirdupois pounds

of the vehicle and the load (gross), the tare weight and net weight of the commodity, and where the load is divided into lots, the net weight of each.

(8) A sequential serial number.


Sample Weight CertificateSample Weight Certificate

Illegal Weight Certificate Serial Number Buyer Name & Address Seller Name & Address Weighmaster License

Number Original Copy Not Marked Secondary Copies Not

Marked Hour of weighing

Sample Weight CertificateSample Weight Certificate

Illegal Weight Certificate

Name & Address/seller Name & Address/purchaser Weighmaster Signature Weighmaster License # Date & Hour Weighed

Sample Weight CertificateSample Weight CertificateLegal Weight Certificate All information items appear as required

4154. Use of Approved Weighing Device

• Device must be type approved• Device must be suitable• Device must be tested and approved


4155. Scale Requirements• No load may exceed the normal rated

capacity of the scale• Multiple drafts not permitted• Multiple drafts or “double drafting” is the

act of weighing a vehicle that is to long for the scale in two drafts


4156. Dispositions of Copies• Original copy to purchaser• One copy retained at place of weighing• One copy (may) be retained by the deliverer• Licensed weighmaster’s copy shall be retained

for a period of two (2) years• Subject to inspection or subpoena as

evidence


4157. License Required (a)• No person shall assume the title “licensed

public weighmaster”• Perform the duties or acts of a licensed public

weighmaster• Hold him or herself out as a licensed public

weighmaster• Issue any weighmaster’s certificate, ticket,

memorandum, statement, or engage in public weighing


4157. Definition (b)

• As used in this section, the term “public weighing” means the weighing of any commodity for commercial purposes


4158. Suspension or Revocation of License

(a) Authorization: The Department is authorized to suspend or revoke the license of any licensed public weighmaster

(1) After a hearing and ten (10) days notice for violation of provisions of subchapter C.

(2) If weighmaster is convicted in any court for violation of this act.

(b) Suspended licensee may petition in Commonwealth Court for a hearing.


4159. Prohibited Acts• It shall be unlawful:

(1) For a weighmaster to issue a false or incorrect weight certificate

(2) For a person to solicit a weighmaster to issue a false or incorrect weight certificate

(3) For a person to use or issue a weight certificate except one prepared on a form issued or approved by the Department


4159. Prohibited Acts (continued)(4) For a person to print or distribute any form of

weighmaster certificates unless authorized to do so by the Department

(5) For a person to use a false or incorrect weighmaster’s certificate

(6) For a weighmaster to sign or use a false or incorrect weighmaster certificate


4159. Prohibited Acts (continued)(7) For a person to deliver solid fuel without an

official weighmaster’s certificate

(8) For a person to furnish a false name or address of a purchaser to the weighmaster

(9) For a person to permit any diminution of a load before its delivery

(10) For a person to fail, neglect or refuse to deliver a correct and lawful weighmaster’s certificate to the purchaser


4160. Sales by Weight• Any commodity shall be duly weighed by a

licensed public weighmaster, on an accurate scale, which is suitable for weighing gross and tare and has been tested and approved by an official empowered by law to test.


4161. Separation Required• Each type of commodity shall be in a

separate compartment• Each compartment shall have it’s own

weight certificate


4162. Substitution of Purchaser• If a person is unable to deliver a

commodity to the original purchaser on the weight certificate, a new purchaser’s name and address may be substituted provided that a report is made to the licensed weighmaster within 24 hours.


4163. Authorization to Inspect• Any state , county, or city inspector of

weights and measures who finds any commodity ready for or in process of delivery, may inspect the commodity as to it’s weight and may direct the person in charge of the delivery to convey the commodity to the nearest available scales operated by a weighmaster.


4164 . Weighmaster’s Certificate Required(a) Solid fuel in a lot or lots exceeding 100 pounds

must have a weight certificate for each lot or compartment except for coal weighed at point of delivery

(b) Exception: Producer’s own coal that is being transported for purposes other than sale


4165. Small Lots• Weighmaster’s certificate not required for solid

fuel in closed containers or bags not exceeding 100 pounds and properly labeled.


4166. Exception for boatloads and railroad carloads

4167. Rules and Regulations

4168. Sales to Employees

4169. Existing License


PA Title 70, Chapter 9PA Title 70, Chapter 9

Sections 9.1 through 9.12 relate to general requirements

Sections 9.21 through 9.29 relate to solid fuel sales

PA Title 70, Section 9.6PA Title 70, Section 9.6

(c) Change of status: Change of name or address requires notification in writing to Bureau within 48 hours

PA Department of Agriculture

Division of Weights & Measures

2301 North Cameron St.

Harrisburg, PA 17110-9408


Commodities sold by weight• A commodity sold by weight in this

Commonwealth shall be weighed by a licensed public weighmaster at the time of sale or delivery on scales which meet the following requirements:

(1) The scales are suitable for weighing the gross and tare weight of vehicle and trailer.


(2) The scales are located within this Commonwealth.

(3) The scales are type approved in accordance with Subchapter D of the Act.

(4) The scales measure weights of greater than 1000 pounds.

pennsylvania association of weights and measures ************************

Documents

weighing device

title public weighmaster

public weighmastersinstructor

license fee

subchapter c4150

subchapter c4151

subchapter c4152

valid weighmaster license