Section 189 in The Bihar Motor Vehicles Rules, 1992
189. Weighing device.
(1)A weighing device for the purpose of Section 114 may be a weigh bridge installed and maintained at any place by or under the orders of the Government or a local authority or railway administration or by any other person:Provided that such weighing device is certified and stamped in accordance with the provisions of the Bihar Weights and Measures (Enforcement) Act, 1959 and the Rules made thereunder.(2)The driver of any motor vehicle shall, upon demand by a competent authority so drive and manipulate the vehicle as to place it or any wheel or wheels thereof, as the case may be, upon any weigh bridge in such a manner that the weight of the vehicle or the weight transmitted by any wheel or wheels may be exhibited by the weigh-bridge.(3)If the driver of a motor vehicle fails within a reasonable time to comply with a requisition under sub-rule (2), a person authorised under Section 114 may cause any person, being the holder of a licence authorising him to drive the vehicle, so as to drive and manipulated the vehicle.(4)When the weight or axie weight of a motor vehicle is determined by separate and independent determination of the weight transmitted by any wheel or wheels of the vehicle the axle weight and the laden weight of the vehicle shall be deemed, to be the sum of the weight transmitted by the wheels of any axle by all the wheels of the vehicle, as the case may be.(5)Upon the weighment of a vehicle in accordance with Section 114 and this rule, the person who has required the weightment or the person in charge of the weighing device shall deliver to the driver or other person incharge of the vehicle a statement in writing of the weight of the vehicle and of any axle, the weight of which is separately determined.(6)The driver or other person incharge of, or the owner of, a vehicle which has been so weighed may within 24 hours of the weighment of the vehicle challenge the accuracy of the weighing device by a statement in writing to the Inspector of Weights and Measures in whose jurisdiction such weighing device is situated, alongwith a deposit of one hundred rupees.(7)Upon receipt of such statement, the Inspector of Weights and Measures may test such weighing device and the certificate of such Inspector regarding the accuracy of the weighing device shall be final.(8)If, upon the testing of a weighing device under sub-rule (7), the weighting device is certified to be accurate or to be inaccurate to an extent less than any weight by which the laden weight or unladen weight of the vehicle is shown in the statement referred to in sub-rule (5) to have exceeded the registered gross vehicle weight or unladen weight, as the case may be, a contravention of sub-section (3) of Section 113 shall be deemed to have been proved.(9)If, upon the testing of a weighing device as aforesaid the weighing device is certified to be inaccurate to an extent greater than any weight by which the laden weight or unladen weight of the vehicle as shown in the statement referred to in sub-rule (5) to have in excess of gross vehicle weight or unladen weight, as the case may be, no further proceedings shall be taken in respect of any such laden weight or unladen weight.(10)No person, shall by reason of having challenged the accuracy of any weighing device under sub-rule (6), be entitled to refuse to comply with any order in writing under Section 114.
