UK Offence Report

Contravention of The Weighing Equipment (Automatic Rail-weighbridges) Regulations 2003

the instrument as a whole of The Weighing Equipment (Automatic Rail-weighbridges) Regulations 2003

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

Contravening this instrument is an offence under section

84 of the Weights and Measures Act 1985. The instrument itself contains no offence-creating words.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a person
Conduct
breaching the provision
Fault element
Strict liability
Burden of proof
Not determined

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

Classifier’s reasoning: contravention offences of this kind are strict as to the breach; the fault position is governed by the parent Act and was not read from it.

What would breach the instrument as a whole?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. Doing what the provision prohibits, or failing to do what it requires under the Weighing Equipment (Automatic Rail-weighbridges) Regulations 2003.

Penalty

Mode of trial
Set by another provision — the instrument states the penalty by reference to an Act or to another regulation
Maximum fine
Not determined
Maximum prison (summary)
Not determined

The instrument does not state a penalty itself. It sets one by reference to section 84 of the Weights and Measures Act 1985.

the penalty is in the parent Act, not in this instrument.

No penalty was determined from this instrument. It may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence. Absence of a figure here is not evidence that the offence carries no penalty.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
23 September 2003
In force from
1 February 2004
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations implement, in Great Britain, International Recommendation OIML R 106 of the Organisation Internationale de Métrologie Légale relating to Automatic rail-weighbridges (Edition 1997 (E)), to the extent that the Recommendation applies to such instruments following the grant or renewal of a certificate of approval of a pattern by the Secretary of State under section 12 of the Weights and Measures Act 1985 (the 1985 Act). Regulation 3 applies the Regulations to “automatic rail-weighbridges” (or “instruments”) as defined in regulation 2(1) (in part by way of reference to the components described in Schedule 1). Such instruments are prescribed, by regulation 3(1), for the purposes of section 11(1) of the 1985 Act (certain equipment to be passed and stamped for use for trade). The Regulations do not apply in the circumstances described in regulation 3(2). There is a transitional exclusion set out in regulation 4(1) but this exclusion does not apply in the case of an automatic rail-weighbridge which bears the marking “R 106”. Regulation 5 sets out some general duties relating to the use for trade of an “automatic rail-weighbridge” in terms of erection and installation (Schedule 2), use and manner of use (Schedule 3) and when it is used as a non-automatic weighing instrument that serves to determine the mass of a load by using the action of gravity. Regulation 6 provides for certain requirements which must be satisfied before an “automatic rail-weighbridge” is passed as fit for use for trade for the purposes of the Regulations; these relate to compliance with a pattern in respect of which a “certificate of approval” remains in force, the application of descriptive markings in accordance with Schedule 4 and provisions in respect of initial verification testing in accordance with the procedure specified in clause 5.2 of Part 1 of OIML R 106 or on an equivalent basis. Regulation 7 and Schedule 5 incorporate some supplementary requirements relating to the testing, passing as fit for use for trade and stamping of any “automatic rail-weighbridge”. Regulation 8 makes provision for “automatic rail-weighbridges” imported from another EEA State into Great Britain not to be tested by an inspector when an inspector is presented with the “requisite documentation” (as defined in that regulation), unless he is not satisfied with that “requisite documentation”. Regulation 9 specifies circumstances where an inspector shall not pass an “automatic rail-weighbridge” as fit for use for trade, including a failure to comply with the prescribed limits of error in accordance with the provisions of regulation 9(3) and Schedule 6. Provision is also made, in regulation 9(2), for circumstances in which an “automatic rail-weighbridge” imported from another EEA State shall not be passed as fit for use for trade. Regulations 10–15 relate to the stamping and obliteration of stamps on “automatic rail-weighbridges”. Some supplementary definitions also appear in regulation 2(1). These Regulations have been notified to the European Commission and the other member States in accordance with Directive 98/34/EC of the European Parliament and of the Council (OJ No. L204, 21.7.98, p.37), as amended by Directive 98/48/EC of the European Parliament and of the Council (OJ No. L217, 5.8.98, p.18). Copies of the publications of the Organisation Internationale de Métrologie Légale (see definition of “OIML R 106” in regulation 2(1)) are available from the Organisation at 11 rue Turgot, Paris, 75009, France and from the National Weights and Measures Laboratory, Stanton Avenue, Teddington, Middlesex, TW11 OJZ. A Regulatory Impact Assessment in respect of these Regulations is available and a copy can be obtained from the National Weights and Measures Laboratory (an Executive Agency of the Department of Trade and Industry), Stanton Avenue, Teddington, Middlesex, TW11 OJZ. A copy has also been placed in the libraries of both Houses of Parliament. BS EN ISO/IEC 17025:2000 is available from any of the sales outlets operated by the British Standards Institution or from the British Standards Institution, Linford Wood, Milton Keynes, MK14 6LE.

Read the full note and every offence in this instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.50.

Basis
the penalty comes from the enabling Act rather than from this instrument
Confidence
0.50 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source