WEIGHTS AND MEASURES: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
(24th May, 1974)
ARRANGEMENT OF PARAGRAPHS
3. Prohibition of use or possession of non-metric weights and measures
S.I. 78, 1974.
This Order may be cited as the Weights and Measures (Prohibition of Non-Metric Instruments) Order.
In this Order, "appointed day" means-
(a) in relation to any place within 80 kilometres of the railway line from Ramatlabama to Ramokgwebana, the 1st July, 1974; and
(b) in relation to any other place in Botswana, the 1st December, 1974.
On and after the appointed day, no person shall use or have in his possession for the purposes of trade any weighing or measuring instruments, weights, measures or containers other than those of the metric system of weights and measures.
(1st December, 1973)
ARRANGEMENT OF REGULATIONS
5. Issue of certificate
6. Validity of certificate
7. Withdrawal of certificate
9. Authorization of other officers
10. Reasons for refusal of certificate
S.I. 11, 1972.
These Regulations may be cited as the Weights and Measures (Certificate of Competency) Regulations.
In these Regulations, unless the context otherwise requires-
"certificate of competency" means a certificate declaring that a person is competent in the repair of weighing instruments, measuring instruments, weights and measures.
Any person, aged 18 years or over, may apply to the Controller for a certificate of competency.
(1) The Controller shall cause an applicant for a certificate of competency to be examined as to his knowledge of the Weights and Measures Act and regulations made thereunder and particular classes of instruments, weights or measures for which the applicant wishes to hold a certificate of competency.
(2) The examination mentioned in subregulation (1) shall be conducted in such manner as the Controller sees fit and the examination in the theory, construction and installation and repair of instruments, weights or measures may be waived in the case of applicants who have served a recognized apprenticeship in the repair of such instruments, weights and measures.
(1) If the Controller is satisfied that an applicant for a certificate of competency has sufficient knowledge of the Act and regulations made thereunder and is a person who can manufacture, instal and repair instruments, weights and measures, as the case may be, to comply with the Act and the regulations he shall, upon receipt of the prescribed fee, issue the applicant with a certificate of competency.
(2) A certificate of competency may be issued for all or any particular class of instruments, weights or measures.
(1) A certificate of competency shall expire on 31st day of December each year but may be renewed upon application to the Controller and on payment of the prescribed fee.
(2) The Controller shall renew the certificate if he is satisfied that the work of the holder is satisfactory:
Provided that, where the Controller refuses to renew a certificate of competency he shall, in writing, advise the applicant of the reasons for the refusal.
The Controller may at any time withdraw a certificate of competency if he is satisfied that the holder has failed to comply with the Act and the regulations made thereunder:
Provided that, where a certificate of competency is withdrawn, the Controller shall advise the holder, in writing, of the reasons for the withdrawal.
Any person aggrieved by a decision of the Controller under these Regulations may appeal to the Minister whose decision shall be final.
The Controller may, in writing, authorize any other officer of his Department to perform his functions under these Regulations.
The Controller and any other officer referred to in regulation 9 shall not be required to give any reason for refusing the issue to any person of a certificate of competency.
(10th August, 2007)
ARRANGEMENT OF REGULATIONS
3. Fees in respect of instruments, weights and measures presented for assizing
4. Fees payable for other services
5. Fees payable by applicants
6. Weighbridge testing fees
S.I. 12, 1972,
S.I. 50, 1976,
S.I. 137, 1980,
S.I. 147, 1980,
S.I. 86, 1998,
S.I. 46, 2007.
These Regulations may be cited as the Weights and Measures (Assize Fees) Regulations.
In these Regulations, unless the context otherwise requires, "applicant" means a person who notifies an assizer of the particulars of an instrument, weight or measure and the place where it is kept and requests that such instrument, weight or measure be assized at that place.
There shall be charged, in respect of the assizing or rejection of instruments, weights and measures, the fees prescribed in the First Schedule.
There shall be charged in respect of-
(a) the adjusting of weights and measures, the fees prescribed in Part I of the Second Schedule; and
(b) the services mentioned in Part II of the Second Schedule, the fees prescribed in that Part.
(1) An applicant shall meet all costs incurred by the Bureau to facilitate the assizing or re-assizing of instruments, weights or measures.
(2) The costs referred to in subregulation (1) shall include costs incurred in relation to transport, accommodation and meals.
(3) Where the Bureau undertakes a journey to facilitate the assizing or re-assizing of instruments, weights or measures, and two or more applicants are dealt with in one journey, the costs referred to in subregulation (1) may be apportioned between such applicants.
Where an assizer tests, with test weights provided by a scale manufacturer or maintenance contractor, a weighbridge on the premises of an applicant, there shall be charged, in addition to any other fee prescribed in these Regulations-
(a) a fee equal to the charge made by the scale manufacturer or maintenance contractor for the hire and transport of the weights, or to such portion of that charge as the Managing Director may fix; and
(b) a fee equal to the cost incurred in transporting the weights from the place at which they are usually kept to the premises of the applicant:
Provided that no such fee shall be charged or collected where the transport is provided by the applicant.
FEES IN RESPECT OF INSTRUMENTS, WEIGHTS AND MEASURES PRESENTED FOR ASSIZING
1. A weighing instrument, other than an automatic weighing machine, of a capacity of-
50 000 kg or over
20 000 kg or over and under 50 000 kg
10 000 kg or over and under 20 000 kg
5 000 kg or over and under 10 000 kg
2 000 kg or over and under 5 000 kg
1 000 kg or over and under 2 000 kg
500 kg or over and under 1 000 kg
50 kg or over and under 500 kg
5 kg or over and under 50 kg
Under 5 kg
2. An automatic weighing machine, where the capacity of each individual weigher is-
Egg grading machine
25 kg or over
Under 25 kg
A continuous weigher coupled to a conveyor belt
Weights under 5 kg
Weights over 5 kg and under 50 kg
Weights over 50 kg
MEASURES OF CAPACITY
1. A graduated glass measure, per graduation
2. A measure other than a graduated glass measure of capacity of-
1 000 litres or over
250 litres or over and under 1 000 litres
50 litres or over and under 250 litres
10 litres or over and under 50 litres
5 litres or over and under 10 litres
1 litre or over and under 5 litres
Under 1 litre
3. A vehicle tank or a compartment of a capacity of-
500 litres or under
Over 500 litres for:
The first 500 litres
Each additional 500 litres or part thereof
MEASURES OF LENGTH
A measure of length of -
Over 2 metres
2 metres or under
(1st December, 1973)
ARRANGEMENT OF REGULATIONS
3. Exemptions from the Act
4. Stamp of assize
5. Seal of assize
6. Rejection mark
7. Marking of capacity or denomination
9. Improper use of instruments, weights or measures
10. Conditions for refusal to assize
11. Testing of weighing instruments
12. Limits of error and sensitiveness
14. Counterpoise weights
15. Knife edges and bearings
17. Automatic weighing machines
18. Beam scales
19. Counter machines
20. Crane machines
21. Deadweight machines
22. Platform machines and weighbridges
23. Self-indicating weighing instruments
24. Spring balances
25. Steelyards and wall beams
27. Weights not assizable
28. Dry measures of capacity
29. Liquid measures of capacity
30. Measures of length
31. Vehicle tanks
32. Bulk flowmeters
33. Fabric-measuring instruments
34. Liquid-measuring devices
35. Liquid fuel dispensers
36. Automatic measuring instruments
First Schedule - Tables Showing Limits of Error and Sensitiveness
Second Schedule - Abbreviations of Denominations
Third Schedule - Denominations of Weights and Measures which are Assizable
S.I. 13, 1972,
S.I. 82, 1973,
S.I. 77, 1974,
S.I. 25, 1978,
S.I. 47, 2007.
General (regs 1-10)
These Regulations may be cited as the Weights and Measures (Assize) Regulations.
In these Regulations, unless the context otherwise requires-
"approved" means approved by the Minister;
"assize" includes to re-assize;
"automatic measuring instrument" means a measuring instrument for the automatic measuring and filling of liquids into containers;
"automatic weighing machine" means a weighing instrument in which special self-acting machinery is used to effect all or some of the following-
(a) an automatic feed;
(b) the rapid weighing of pre-determined quantities;
(c) the registration and summation of loads or other similar purposes;
"beam scale" means an equal-armed weighing instrument, the pans of which are below the beam;
"bulk flowmeter" means a measuring instrument designed to measure liquid fuel or lubricating oil for individual deliveries of 500 litres or more, whether or not individual deliveries of less than 500 litres may also be made by means of the same instrument;
(a) in relation to a weighing instrument, the maximum load which it is constructed to weigh as marked on such instrument in accordance with the provisions of regulation 7;
(b) in relation to a measure or measuring instrument, the maximum volume, quantity or length which it is constructed to contain or measure, as the case may be;
"compartment", in relation to a vehicle tank, means a sub-divided portion of that tank;
"counter-machine" means an equal-armed weighing instrument of a capacity not exceeding 50 kg the pans of which are above the beam;
"crane machine" means-
(a) a suspended unequal-armed compound lever weighing instrument fitted with a loadhook suspended from knife edges, and provided with poises moving over graduated scales to indicate weight; or
(b) a suspended self-indicating, hydraulic or spring-actuated weighing instrument,
which has a capacity of not less than 1000 kg;
"deadweight machine" means an equal-armed weighing instrument of a capacity exceeding 50 kg the pans or platform of which are above the beam;
"difference chart", in relation to a weighing instrument, means a chart on which, by means of a pointer or other indicator excess or deficiency from a pre-determined weight is indicated;
"error", in relation to an instrument, means the extent to which such instrument indicates the excess or deficiency of standard weight or measure;
"fabric-measuring instrument" means a measuring instrument designed and constructed to measure and to indicate the length of fabric or other material passed through it;
"Liquid fuel dispenser" means a measuring instrument provided with either a meter or one or more measuring chambers, designed to measure liquid fuel or lubricating oil for individual deliveries of less than 500 litres, whether or not individual deliveries of more than 500 litres can also be made by means of the same instrument;
"liquid measuring device" means a measuring instrument provided with a measuring chamber or chambers designed for filling barrels, bottles, drums or other containers with pre-determined quantities of liquid or for dispensing liquids in small quantities from bulk;
"platform machine" means an instrument other than a weighbridge used for determining the mass of a load supported on a platform not exceeding 3 m by 2 m in size and 5000 kg load capacity and includes any instrument prescribed by the Minister as a platform machine;
"repaired", in relation to an instrument, means that the instrument has, since it was last assized, had an addition, replacement, repair or adjustment made to a part which is essential to the use of such instrument;
"self-indicating weighing instrument" means a weighing instrument other than a spring balance on which the whole or a part of the weight of the goods weighed is indicated by means of a pointer moving over a chart, or by means of a chart moving in relation to a fixed pointer;
"sensitiveness", in relation to a weighing instrument, means the actual weight which causes the beam or steelyard to turn;
"spring balance" means a weighing instrument having a capacity of less than 1000 kg in which weight indications are dependent on the extension of springs and which is so constructed that the load is below the springs and is suspended directly from them;
(a) a suspended unequal armed single-level weighing instrument, the shorter arm of which carries a load-hook suspended from knife edges, whilst the longer arm is provided with a poise moving over a graduated scale to indicate weight;
(b) a steelyard provided on a platform machine, weighbridge or other similar weighing instrument, as the context requires;
"Table" means the appropriate table of allowances prescribed in the First Schedule hereto;
"taxi meter" means a measuring instrument which totalises continuously and indicates, at any moment of the journey, the sum payable by the user of a public vehicle as a function of the distance travelled below a certain speed and the length of time occupied, independently of supplements authorised by law;
"turn", in relation to a beam or steelyard, means to move from its position of equilibrium to the full extent of its travel each way between stops or to the limit of its graduated scale;
"vehicle tank" means a measure mounted on a motor vehicle or trailer and used for the measurement of liquid fuel;
"vibrating weighing instrument" means a weighing instrument so constructed that the beam or steelyard returns to or oscillates about the position of equilibrium when disturbed therefrom;
"wall beam" means an unequal-armed multi-level weighing instrument designed to be affixed to a wall, having a loadhook suspended from knife edges on the lower lever, and provided with poises moving over graduated scales to indicate weight;
"water meter" means an instrument intended to measure continuosly, memorise and display the volume of water passing through the measurement transducer at metering conditions;
"weighbridge" means an instrument for determining the mass of a load carried by a vehicle for transport on a highway or railway, such load and vehicle being supported on a platform or on rails fitted to a system of levers or load cells and indicating the mass by means of a steelyard, a spring or pendulum device or a digital counter, or printing mechanism which may be supplemented by a remote read-out or print-out mechanism in addition to any indicator at the actual weighbridge site and shall include any instrument prescribed by the Minister as a weighbridge.
The provisions of the Act shall not apply to gas meters.
The stamp of assize shall be a stick-on label incorporating the Bureau Logo and the assize officer's personal number or signature.
(1) The seal of assize shall be a lead seal bearing a stamp incorporating the Bureau Logo and the assize officer's personal number.
(2) Where use is made of a seal or seals of assize in terms of these Regulations, the removal of any such seal from an assized instrument shall be deemed to render that instrument un-assized.
(1) The rejection mark shall be a mark of a six pointed star design.
(2) An assizer shall reject an instrument, weight or measure-
(a) if such instrument, weight or measure bears a stamp of assize, by obliterating such stamp with a rejection mark;
(b) if such instrument, weight or measure does not bear a stamp of assize, by stamping the rejection mark in a suitable position thereon; or
(c) if such instrument bears a seal or seal of assize by removing or defacing such seals.
(1) The capacity of a weighing instrument shall be clearly and conspicuously-
(a) stamped on the beam or steelyard or on a metal plate permanently secured to some prominent part of the instrument;
(b) cast in the framework of the instrument; or
(c) in the case of a self indicating instrument, marked on the chart.
(2) The capacity of a fabric-measuring instrument shall be clearly and conspicuously stamped thereon.
(3) The denomination of a weight shall, except where-
(a) the small size of it renders it impracticable; or
(b) the weight is of class E1 or E2, as stipulated in the OIML Document R111, be clearly and conspicuously stamped on the upper surface of the weight.
(4) The capacity of a measure shall, unless otherwise prescribed, be clearly and conspicuously stamped on the outside of the measure or on a metal plate permanently secured thereto.
(5) When an instrument, weight or measure is marked with its capacity or denomination, as the case may be, the denomination of weight or measure shall be stated in full, or, in respect of a denomination specified in the first column of the Second Schedule hereto, in full or in the abbreviated form specified opposite thereto in the second column of the Second Schedule.
(1) The graduations on an instrument or measure shall-
(a) be indelible, clear, distinct and legible;
(b) except in respect of a graduated glass measure, be uniformly spaced; and
(c) in the case of denominated graduations, be distinguished by longer lines than the intermediate graduations.
(2) The graduations on a steelyard shall-
(a) consist of notches or incised or embossed lines so defined that the position of the poise with respect thereto is clearly indicated; and
(b) be cut, incised or embossed in one plane, at right angles to the steelyard and parallel to each other.
(1) No person shall use in trade an instrument which is erected or placed upon an unsuitable or insufficiently strong or stable base or foundation.
(2) No person shall use in trade a platform machine or weighbridge to ascertain the weight of any vehicle or other article unless such instrument-
(a) has a platform or platforms or a rail or rails, as the case may be, of sufficient size to support completely such vehicle or other article; and
(b) is of sufficient capacity to permit the weighing of such vehicle or other article when so supported on the platform or platforms, or rail or rails, as the case may be.
(3) No person shall use a counter machine or a self-indicating weighing instrument provided with a sliding or tare weight otherwise than for factory use.
(4) No person shall use in trade a spring balance which is not of a type approved by the Minister under section 13 of the Act.
(5) Where a person uses in trade a dry measure of capacity for the measurement of any article he shall ensure that the article is neither heaped nor pressed in the measure, but is level with the brim.
(6) Where two or more measures of length are attached to a counter no person shall use in trade such measures unless they are continguous or are not less than 1,5 metres apart.
(7) Where a person in a shop or other place sells by retail by weight any article which is weighed in the sight and presence of the purchaser and delivered to him immediately thereafter he shall use for such weighing a weighing instrument which is so sited that the weighing and the weight indicated by the instrument are clearly visible to the purchaser at all times.
(1) An assizer shall reject an instrument, weight or measure which-
(a) is not properly constructed or when, in his opinion, its material or mode of construction or any part thereof or its nature or condition appears likely to render it unsuitable for use in trade;
(b) has unusual or novel features, unless it is of a design or pattern in respect of which a certificate has been issued in terms of section 13 of the Act;
(c) is not sufficiently strong to withstand the wear and tear of ordinary use in trade;
(d) is not complete in itself;
(e) is not in a clean state; or
(f) bears a manufacturer's or other mark which might be mistaken for the stamp of assize.
(2) An assizer shall refuse to assize an instrument which-
(a) has interchangeable or reversible parts, unless the interchange or reversal does not affect the accuracy of the instrument;
(b) has removable parts, the removal of which would affect the accuracy of the instrument, unless the parts are such that the instrument cannot be used without them.
(3) An assizer shall reject a weighing instrument which-
(a) has a scoop, pan, plate or other part which is essential to its operation, broken;
(b) has a scoop, pan or plate of such size or shape as may lead to incorrect weighing either through its fouling the housing of the scale, or because proper contact between the knife edge and bearings is disturbed;
(c) has a goods-plate which is readily absorbent on account of faulty glazing or on account of the extent to which it is cracked or chipped;
(d) has a friction plate, stay, hook or loop which is not of hardened steel or an approved material; or
(e) has packing at the knife edges which, in the opinion of the assizer, is either excessive as to the number of pieces or is in other respects unsuitable for the purpose.
(4) An assizer shall reject an accelerating weighing instrument, other than an accelerating deadweight machine.
(5) An assizer shall reject a weighing instrument which has not been previously assized, unless the name of the manufacturer of the instrument is marked thereon.
Weighing Instruments (regs 11-25)
(1) Subject to the other provisions of this regulation, a weighing instrument shall be tested by the direct application of standard weights.
(2) An automatic weighing machine shall be tested-
(a) where practicable, by the direct application of standard weights; and
(b) by comparing the load delivered against standard weights.
(3) Subject to the provisions of subregulation (5), a weighbridge shall be tested by the direct application-
(a) of standard weights; or
(b) of test weights provided by the owner or scale manufacturer or maintenance contractor.
(4) Subject to subregulation (5), a weighing instrument kept in stock for sale which is tested on the premises of a dealer in or repairer of scales shall be tested by the direct application-
(a) of standard weights; or
(b) of test weights provided by the dealer or repairer, as the case may be.
(5) When a weighing instrument is tested and sufficient standard or test weights are not available, auxiliary material may be used to make weight.
(1) A weighing instrument shall be tested for error by ascertaining the weight required to overcome the error in that instrument.
(2) A vibrating weighing instrument shall be tested for sensitiveness by loading the instrument to its capacity, or as near thereto as is practicable, with the beam or steelyard in a horizontal position and ascertaining that the addition of the amount shown in the appropriate table for an instrument of that class and capacity causes the beam or steelyard to turn.
(3) An accelerating deadweight machine shall be tested for acceleration by loading the instrument to its capacity, or as near thereto as is practicable, with the beam at the extremity of its travel, and ascertaining that the subtraction of the amount shown in the third column of Table VI for an instrument of that capacity causes the beam to return to its initial position.
(4) The limit of error allowed and the sensitiveness required in a weighing instrument of a particular class shall be-
(a) in the case of a new or repaired instrument, the appropriate limit of error and the sensitiveness prescribed in this Part;
(b) in the case of a weighing instrument other than an automatic weighing instrument which is not new or repaired, twice the appropriate limit of error and sensitiveness prescribed in this Part.
(5) The limit of error allowed and the sensitiveness required in a weighing instrument of a capacity not specified in the appropriate table shall be the limit of error and the sensitiveness which bear the same proportion to the capacity of that instrument as the limits of error and sensitiveness for a similar instrument of the next lower capacity specified in the table bear to the capacity of such latter instrument.
(6) Where a weighing instrument is tested at graduations below the capacity of that instrument, the limit of error allowed shall be-
(a) below one quarter of the capacity, one-quarter of the prescribed limit of error;
(b) one quarter of the capacity or over but not exceeding three quarters of the capacity, one half of the prescribed limit of error; and
(c) above three quarters of the capacity, the prescribed limit of error.
(1) Where lead is used for adjusting purposes on any poise it shall not come into contact with the beam or steelyard.
(2) A poise shall be provided with an adjusting hole of such size, shape and design as to permit readily of necessary adjustment.
(3) A poise shall be so constructed that no part thereof can be detached without the use of a mechanical appliance.
(1) A counterpoise weight shall be marked in equivalents of 2 kg, 5 kg, 10 kg, 20 kg, 25 kg, 50 kg, 100 kg or an integral multiple of 100 kg.
(2) A counterpoise weight used, or intended for use, on platform machines used for weighing corrosive articles, including hides and skins, shall be made of brass, nickel-steel, stainless steel or other corrosion resisting metal.
(3) A counterpoise weight shall have only one undercut adjusting hole containing fixed lead sufficient to cover adequately the bottom of such hole, and with room to permit future adjustments.
(4) A counterpoise weight of an actual weight of 100 g or less shall be made of brass.
(5) Where more than one platform machine provided with counterpoise weights is kept or used by any person on any premises or on a public market, each such counterpoise weight shall be identified with the weighing instrument to which it belongs by-
(a) a number conspicuously and indelibly marked and corresponding to a number similarly marked on the pillar and on the counterbalance of the instrument; or
(b) a band of paint, of a colour in distinct contrast to the colour of the weight, on the edge of the weight, corresponding to a band of paint of the same colour on the pillar and on the counterbalance of the instrument:
Provided that this subregulation shall not apply to a counterpoise weight adjusted to a direct and exact ratio of 50:1 or 100:1.
(1) Knife edges shall-
(a) be firmly secured in position;
(b) be in true parallelism; and
(c) bear throughout the entire length of the parts designed to be in contact with the bearings.
(2) Knife edges and bearings shall be of hardened steel, agate or an approved material and the load-carrying parts shall not show scratches when tested by means of the application of a superfine smooth file.
(1) A weighing instrument shall be in balance-
(a) when unloaded; and
(b) where a loose receptacle or frame is used in conjunction with such instrument, when the receptable or frame is attached thereto.
(2) Balance shall be indicated-
(a) in the case of a vibrating weighing instrument, by the beam or steelyard returning to the position of equilibrium when disturbed therefrom;
(b) in the case of a self-indicating weighing instrument or a weighing instrument provided with a graduated indicating plate or a difference chart, by the pointer coming to rest at the position of equilibrium or zero graduation with the bubble of any spirit level provided, in its true position;
(c) in the case of a counter machine constructed on the Beranger principle, by two pointers, each attached to a subsidiary beam, coming to rest directly opposite each other;
(d) in the case of an accelerating deadweight machine, by the beam, on being released from the stop under the weights-pan, falling gently to the stop under the goods-pan; and
(e) in the case of a weighing instrument which indicates the weight by means of a printed statement, by the figure nought being printed on the statement.
(3) Balance shall not be affected when the load is removed from the instrument.
(4) Where a weighing instrument is provided with a balance box or a balance or gravity ball, such device shall be capable of adjustment only by the use of a mechanical appliance.
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