Haw. Code R. § 4-101-2 - Weighing and measuring devices; requirements
(a) This
section applies to any person or government agency using a weighing or
measuring device in:
(1) Determining the
measurement of commodities or items bought or sold, or offered or exposed for
sale, on the basis of measure;
(2)
Computing the basic charge or payment, including taxes, for services rendered
on the basis of measure;
(3)
Determining measurement when a charge is made for such determination;
or
(4) Official government use for
the enforcement of laws or for the collection of revenues, fees, or statistical
information.
(b) Any
person or government agency performing any of the functions enumerated in
subsection 4-101-2(a) shall ensure that the following requirements are met:
(1) The weighing or measuring device shall
have had its type evaluated and shall have been issued a certificate of
conformance by the National Institute of Standards and Technology, except that
devices licensed and in use in the State before the effective date of this
chapter shall be exempt from this requirement;
(2) The weighing or measuring device shall be
submitted or made available for inspection and testing upon demand and as often
as deemed necessary by the administrator or the administrator's designee. In
the case of taximeters and odometers, the owner of the vehicle with the
installed measuring device or the owner's designee shall present the vehicle
with the installed device for testing at a time and place specified by the
administrator or the administrator's designee;
(3) The weighing or measuring device shall
have been inspected, tested and approved for use by an inspector, as defined in
chapter 486, HRS, or a service person registered by the state in accordance
with chapter 4-87, Hawaii Administrative Rules, prior to being placed in
service. A weighing or measuring device is considered approved if after
inspection and testing, it is found to meet all of the applicable requirements
of NIST handbook 44, including but not limited to installation and user
requirements
(4) The weighing and
measuring device shall be currently licensed by the administrator. Upon
introduction of the device into service, the owner or the owner's designee
shall make an application for a license. In order for a device to be licensed,
it must meet the requirements of subsections 4-101-2(b)(1) through
4-101-2(b)(3) and, in addition, a license fee must be paid as specified in
chapter 4-96, Hawaii Administrative Rules. The license is valid for a period of
one year or fraction thereof. After initial introduction, the license fee must
be paid annually in order for the license to remain in effect;
(5) Any official seal, tag, or mark affixed
by an inspector or a registered service agency shall not be removed,
obliterated, or covered and shall be readily visible; and
(6) The weighing or measuring device shall be
operated in a manner such that measurements that are made are accurate and
conform to all applicable laws.
(c) Government agencies shall be exempt from
subsection 4-101-2(b)(4).
Notes
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