PA ASSOCIATON OF WEIGHTS

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(No Transcript)
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Pennsylvania AssociationofWeights and
Measures

• Voluntary
• Certified Training for Public Weighmasters
• Instructor Dean F. Ely
• Produced by Pamela Brooke Ely

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Landfill Operations
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Feed Mill
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General Public Weighing
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Coal Dealer
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Certified Training forPublic Weighmasters

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

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Newspaper 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

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PA Association of Weights Measures

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

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PA Association of Weights Measures

• 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.

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Public Weighmaster Training

• 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.

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PA Association of Weights Measures

• Responsibilities and Duties
• Must be Licensed
• Approved Weighmasters Certificates
• Knowledge of Scale Operation
• Display of License
• Follow all Requirements of Law Regulations
• Retention of Weight Certificates

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Act 155 Subchapter C

• 4150. Enforcement Regulations
• Director is authorized and directed to enforce
  the provisions of this subchapter and to adopt
  regulations
• 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
  weighmasters certificate unless licensed

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Act 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

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Act 155 Subchapter C

• 4153. Preparation of Weighmasters
  Certificate
• Weighmaster may make only entries determined by
  him/her personally.
• Weighmaster may not make entries on a weight
  certificate issued by another person.

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Act 155 Subchapter C

• 4152. Weighmasters Certificate
• The original weighmasters 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

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Act 155 Subchapter C

• 4152. Weighmasters 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.

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Act 155 Subchapter C

• 4152. Weighmasters 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.

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Sample 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

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Sample Weight Certificate

• Illegal Weight Certificate
• Name Address/seller
• Name Address/purchaser
• Weighmaster Signature
• Weighmaster License
• Date Hour Weighed

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Sample Weight Certificate

• Legal Weight Certificate
• All information items appear as required

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Act 155 Subchapter C

• 4154. Use of Approved Weighing Device
• Device must be type approved
• Device must be suitable
• Device must be tested and approved

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Act 155 Subchapter C

• 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

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Act 155 Subchapter C

• 4156. Dispositions of Copies
• Original copy to purchaser
• One copy retained at place of weighing
• One copy (may) be retained by the deliverer
• Licensed weighmasters copy shall be retained for
  a period of two (2) years
• Subject to inspection or subpoena as evidence

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Act 155 Subchapter C

• 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 weighmasters certificate, ticket,
  memorandum, statement, or engage in public
  weighing

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Act 155 Subchapter C

• 4157. Definition (b)
• As used in this section, the term public
  weighing means the weighing of any commodity for
  commercial purposes

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Act 155 Subchapter C

• 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.

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Act 155 Subchapter C

• 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

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Act 155 Subchapter C

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

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Act 155 Subchapter C

• 4159. Prohibited Acts (continued)
• (7) For a person to deliver solid fuel without
  an official weighmasters 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 weighmasters
  certificate to the purchaser

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Act 155 Subchapter C

• 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.

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Act 155 Subchapter C

• 4161. Separation Required
• Each type of commodity shall be in a separate
  compartment
• Each compartment shall have its own weight
  certificate

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Act 155 Subchapter C

• 4162. Substitution of Purchaser
• If a person is unable to deliver a commodity to
  the original purchaser on the weight certificate,
  a new purchasers name and address may be
  substituted provided that a report is made to the
  licensed weighmaster within 24 hours.

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Act 155 Subchapter C

• 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 its weight and may direct the person in
  charge of the delivery to convey the commodity to
  the nearest available scales operated by a
  weighmaster.

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Act 155 Subchapter C

• 4164 . Weighmasters 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 Producers own coal that is being
  transported for purposes other than sale

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Act 155 Subchapter C

• 4165. Small Lots
• Weighmasters certificate not required for solid
  fuel in closed containers or bags not exceeding
  100 pounds and properly labeled.

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Act 155 Subchapter C

• 4166. Exception for boatloads and
  railroad carloads
• 4167. Rules and Regulations
• 4168. Sales to Employees
• 4169. Existing License

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PA 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

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PA 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

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PA Title 70, Section 9.9

• 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.

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PA Title 70, Section 9.9

• (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.