NEW JERSEY REGISTER
VOLUME 38, ISSUE 23
ISSUE DATE: DECEMBER 4, 2006
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
Office of Weights and Measures
Weighmasters; Weights and Measures
Proposed Readoption with Amendments: N.J.A.C. 13:47E
Authorized By: Louis Greenleaf, State Superintendent, Office of Weights and Measures.
Authority: N.J.S.A. 51:1-61 and 52:14B-5.1.
Calendar Reference: See Summary below for explanation of exception to the calendar requirements.
Proposal Number: PRN 2006-400.
Submit comments by February 2, 2007 to:
Louis Greenleaf, State Superintendent
Office of Weights and Measures
1261 Routes 1 and 9 South
Avenel, NJ 07001
The agency proposal follows:
Pursuant to the provisions of N.J.S.A. 52:14B-5.1c, the rules at N.J.A.C. 13:47E will expire on December 28, 2006. The Office of Weights and Measures (the Office) has reviewed these rules and determined them to be necessary, reasonable and proper for the purpose for which they were originally promulgated, that is, to provide weighmasters with vehicle weighing and recordkeeping procedures.
Subchapter 1 governs gross, tare and net weights.
N.J.A.C. 13:47E-1.1 defines the term vehicle as it is used in Subchapter 1.
N.J.A.C. 13:47E-1.2 outlines the procedure for vehicle weighing to determine gross, tare and net weights.
N.J.A.C. 13:47E-1.3(a) establishes that it is the duty of all weighmasters to ascertain the gross, tare and net weights of all commodities weighed by them and to issue a certificate of weight.
The Office is proposing to amend N.J.A.C. 13:47E-1.3(b) to reflect P.L. 2001, c. 95, which revises the procedures for weighing vehicles transporting construction materials. N.J.A.C. 13:47E-1.3(b) establishes that the tare and gross weights as certified on the weight certificate issued by a weighmaster must be taken on the same scales and in no case shall a weighmaster certify to the net weight of any commodity on any weight certificate if between the time of the taking of the tare weight, or weight of vehicle without load, and the time of the taking of the gross weight, or weight of vehicle with load, the said vehicle must have left the place or premises where such scales are located. Deliveries of solid fuel by equipped dealers directly from mines to industrial and utility enterprises and government institutions are exceptions to the above rule.
The amendment to N.J.A.C. 13:47E-1.3(b) provides that deliveries of construction materials also fall within the exception to the above rule.
Subchapter 2 provides for the general provisions that weighmasters are required to follow when retaining public or certified weighing records.
As the Office has provided a 60-day comment period on this notice of proposal, this notice is excepted from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3.
The rules proposed for readoption and the proposed amendment to N.J.A.C. 13:47E provide weighmasters with uniform standards to weigh vehicles and procedures on the retention of records for all public or certified weighings. Since the rules provide standard procedures to weigh vehicles, the impact of these rules are and will continue to be positive upon both weighmasters and those individuals whose vehicles are weighed because the rules give such individuals the necessary guidance to comply with the rules.
The Office believes that there will continue to be an economic impact upon all public weighmasters since they must keep and preserve accurate records of all public or certified weighings. In addition, such records must be maintained for no more than six years from date of issuance. The Office believes that there will be no costs in the weighing mandates outlined in the rule.
Federal Standards Statement
A Federal standards analysis is not required because the rules proposed for readoption and proposed amendment are subject to State statutory requirements and are not subject to any Federal requirements.
The rules proposed for readoption with amendment will enable the Office to continue to provide weighmasters with standards to ensure proper weighing. The Office does not expect that the rules proposed for readoption and amendment will result in the creation or loss of jobs in the State.
Agriculture Industry Impact
The Office does not anticipate that the proposed rules for readoption and amendment will have any impact on the agriculture industry in the State.
Regulatory Flexibility Analysis
The rules proposed for readoption do not impose any reporting requirements. The rules and amendment do, however, impose compliance and recordkeeping requirements. Recordkeeping and compliance requirements impose an economic impact on weighmasters, as discussed in the Economic Impact above. N.J.A.C. 13:47E-1.2 and 1.3 impose compliance requirements upon weighmasters since the rules specify the procedure for vehicle weighing and how vehicle weights are determined on public weighmasters appointed by the State Superintendent, some of whom may be a small business within the meaning of the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq.
Subchapter 2 imposes recordkeeping requirements upon weighmasters since N.J.A.C. 13:47E-2.1 establishes record retention requirements.
No additional professional services will be needed to comply with the proposed readoption with amendment. Moreover, the Office does not believe that there will be any additional economic impact as a result of the rules proposed for readoption with amendment. The Office also believes that the rules proposed for readoption with amendment should be uniformly applied to all weighmasters in order to ensure the health, welfare and safety of the general public; therefore, no differing compliance requirements for any weighmaster are provided.
Smart Growth Impact
The Office does not believe that the proposed rules for readoption and the proposed amendment will have any impact upon the achievement of smart growth or upon the implementation of the State Development and Redevelopment Plan.
Full text of the rules proposed for readoption may be found in the New Jersey Administrative Code at N.J.A.C. 13:47E.
Full text of the proposed amendment follows (addition indicated in boldface thus):
SUBCHAPTER 1. GROSS, TARE AND NET WEIGHTS
13:47E-1.3 Determination of vehicle weights
(a) (No change.)
(b) The tare and gross weights as certified on the weight certificate issued by a weighmaster shall be taken on the same scales, and in no case, except in the case of deliveries of construction materials pursuant to N.J.S.A. 51:1-77.1 and solid fuel by equipped dealers directly from mines to industrial and utility enterprises and government institutions, shall a weighmaster certify to the net weight of any commodity on any weight certificate if between the time of the taking of the tare weight, or weight of vehicle without load, and the time of the taking of the gross weight, or weight of vehicle with load, the said vehicle shall have left the place or premises where such scales are located.