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Land Transport Act 1998

Proceedings enforcing responsibilities - Evidence

147: Evidence of accuracy of weighing devices and sites

You could also call this:

"Proof that weighing machines and sites are accurate"

Illustration for Land Transport Act 1998

If you are in court for breaking a road rule, a special certificate can be used as evidence. This certificate shows that a weighing device, like a scale, was accurate on a certain date. The certificate must be signed by a police officer or someone else who is allowed to sign it. You can trust this certificate unless someone proves it is wrong. The certificate might say that a weighing device was tested by an Inspector of Weights and Measures, or by someone else who is allowed to do this job. It could also say that a site, like a place where trucks are weighed, was tested and found to be accurate. If you have a certificate that says a weighing device is accurate, you can use it in court as evidence. This is also true for a site where trucks are weighed. The certificate is enough evidence unless someone proves it is wrong. A site does not include weigh-in-motion technology, which is a special way of weighing trucks while they are moving. If a weighing device has a special stamp on it, this can also be used as evidence that it is accurate. You can also use a certificate of accuracy that was issued under the Weights and Measures Act 1987 as evidence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM435170.

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"Signs warn you about speed cameras that measure your average speed"

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147A: Certification of accuracy of alternative weighing technology, or

"Checking if special vehicle weighing tools work correctly"

Part 10Proceedings enforcing responsibilities
Evidence

147Evidence of accuracy of weighing devices and sites

  1. In proceedings for an offence against this Act or an offence against the Road User Charges Act 2012 (or any regulations made under that Act), the production of a certificate (or a document purporting to be a copy of a certificate) purporting to be signed by a constable or Police employee who is not a constable authorised by the Commissioner in that behalf (either generally or in a particular case) to the effect described in subsection (2) is, in the absence of evidence to the contrary, sufficient evidence that the device or site to which the certificate relates has been tested and was accurate on the date of the alleged offence.

  2. A certificate referred to in subsection (1) may be to the effect that,—

  3. on a specified date, being a date not more than 12 months earlier than the date of the alleged offence, a weighing device referred to in the certificate was tested and found to be accurate by—
    1. an Inspector of Weights and Measures; or
      1. an accredited person (within the meaning of the Weights and Measures Act 1987); or
        1. an employee of a laboratory for the time being approved for the purpose by the Science Minister, by notice in the Gazette; or
          1. any other person who is approved for the purpose by the Minister, by notice in the Gazette; or
          2. on a specified date, being a date not more than 5 years earlier than the date of the alleged offence, a site referred to in the certificate was tested or surveyed, and found to be accurate, by—
            1. an employee of the Agency; or
              1. a constable or Police employee who is not a constable; or
                1. an employee or contractor of a laboratory for the time being approved for the purpose by the Science Minister, by notice in the Gazette.

                2. Repealed

                3. A certificate issued under subsection (1) sufficiently identifies the weighing device to which it refers if (in the case of a portable wheel weigher) it contains the serial number of the wheel weigher or if (in the case of a weighbridge or site) it refers to the location of the weighbridge or site.

                4. Every document purporting to be a copy of a certificate issued under this section is, in the absence of evidence to the contrary, to be presumed to be a true copy.

                5. Every certificate issued under this section is, in the absence of evidence to the contrary, to be presumed to have been signed by a person duly authorised to sign it; and it is not necessary for any such certificate to show on its face that the person signing it was so authorised.

                6. In proceedings for an offence against this Act or an offence against the Road User Charges Act 2012 (or any regulations made under that Act), evidence that—

                7. a weighing device bore the stamp of a mark of verification under the Weights and Measures Act 1987 indicating that the weighing device had been so stamped; or
                  1. at the time of the alleged offence, there was in force in respect of a weighing device a certificate of accuracy issued under the Weights and Measures Act 1987—
                      1. is, in the absence of evidence to the contrary, sufficient evidence that the weighing device was accurate on the date of the alleged offence.

                    1. In this section, site does not include weigh-in-motion technology.

                    Compare
                    Notes
                    • Section 147(1): amended, on , by section 94 of the Road User Charges Act 2012 (2012 No 1).
                    • Section 147(1): amended, on , pursuant to section 116(a)(vii) of the Policing Act 2008 (2008 No 72).
                    • Section 147(1): amended, on , pursuant to section 116(d) of the Policing Act 2008 (2008 No 72).
                    • Section 147(1): amended, on , by section 12 of the Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104).
                    • Section 147(2)(b)(i): amended, on , by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
                    • Section 147(2)(b)(ii): amended, on , pursuant to section 116(a)(vii) of the Policing Act 2008 (2008 No 72).
                    • Section 147(2)(b)(ii): amended, on , pursuant to section 116(d) of the Policing Act 2008 (2008 No 72).
                    • Section 147(3): repealed, on , by section 55(1) of the Land Transport Amendment Act 2017 (2017 No 34).
                    • Section 147(7): amended, on , by section 94 of the Road User Charges Act 2012 (2012 No 1).
                    • Section 147(7): amended, on , by section 12 of the Land Transport (Road Safety Enforcement) Amendment Act 2001 (2001 No 104).
                    • Section 147(8): inserted, on , by section 55(2) of the Land Transport Amendment Act 2017 (2017 No 34).