Section 287 in The West Bengal Motor Vehicles Rules, 1989
287. Installation and use of weighing devices.
- [(1) A weighing device for the purpose of section 114 of the Act may be-(i)a weigh-bridge installed at any place by the State Government or a local authority;(ii)a weigh-bridge installed and maintained by any person or agent, selected in any manner by the Government or the Government Undertaking may decide, under a contract with the State Government or any Undertaking of the State Government in terms of the conditions as may be specified by the State Government by order, at any place or any checkpost commissioned by the State Government for enforcement of the provisions of the Act and rules made thereunder;(iii)a weigh-bridge installed and maintained by any person or agent and certified by the Registering Authority under whose jurisdiction it is installed to be proper for the use and the purpose of this Act and these rules;(iv)a portable wheel-weigher or any kind approved by the State Government and used by the competent authority under section 114 of the Act.Explanation. - "Weigh-bridge" means a mechanical or otherwise device used for weighing the load of any vehicle or its any part or axle and duly certified by the appropriate authority to be proper for such use.] [Sub-rule (1) Substituted vide clause 2(19)(a) of the Notification No. 5305-WT/6M-21/2002 dated 12.12.2003 (w.e.f. 16.12.2003).](2)[ (a) The driver of any goods vehicle loaded with goods, partly or fully, and passing through the place or check-posts as specified under clause (ii) of sub-rule (1) of this rule, shall get his vehicle weighed by the weigh-bridge installed thereon on payment of such fees as may be specified by the State Government by order :Provided that any goods vehicle owned by the Central/State Government or any Government Undertaking or any person/organization, as may be specified by the State Government by order, shall be exempted from the operation of this clause.(b)The driver of any goods 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 or wheel weigher in such manner that the weight of the vehicle or the weight transmitted by any wheel or wheels may be exhibited by the weigh-bridge or wheel weigher.](3)If the driver of a motor vehicle not being engaged in driving or attending to any other vehicle at the time, fails within a reasonable time to comply with a requisition under sub-rule (2), a person authorised under section 114 of the Act may cause any person, being the holder of a licence authorising him to drive the vehicle, to so drive and manipulate the vehicle.(4)When the weight or axle 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 weights transmitted by the wheels of any axle or by all the wheels of the vehicle as the case may be.(5)Upon the weighment of a vehicle in accordance with the said section and this rule, the person who has required the weighment or the person in charge of the weighing device shall deliver to the driver or other person in charge 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 in-charge of, or the owner of a vehicle which has been so weighed, may challenge the accuracy of the weighing device by a statement in writing accompanied by a deposit of rupees fifty -(i)within one hour of the receipt of the statement referred to in sub-rule (5), to the person by whom the statement was delivered to him; or(ii)within fourteen days of the service on him of notice of proceedings against him under section 113 of the Act, to the Court issuing such notice.(7)Upon receipt of a statement challenging the accuracy of a weighing device under sub-rule (6), of the person or the Court by whom the statement is received shall apply to or ask, as the case may be, the Registering Authority for the weighing device to be tested by such person as the Registering Authority may appoint and the certificate of such person as may be so appointed regarding the accuracy of the weighing device shall be final.(8)If, upon the testing of a weighing device under sub-rule (7), the weighing 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 or any axle weight of the vehicle is shown in the statement referred to in sub-rule (5) to have exceeded the gross vehicle weight or the unladed weight or the registered axle weight, as the case may be. a contravention of sub-section (3) of section 113 of the Act shall be deemed to have been proved.(9)If, upon such testing of a weighing device, the weighing device is certified to be in accurate to an extent greater than any weight by which the laden weight or unladen weight or any axle weight of the vehicle is shown in the statement referred to in sub-rule (5) to have exceeded the gross vehicle weight or the unladen weight or the registered axle weight, as the case may be. no further proceedings shall be taken in respect of any such laden weight or unladen weight or axle weight and if, the device is certified to be inaccurate to the said extent in respect of every such laden weight, unladen weight or axle weight actually weighed, the deposit prescribed in sub-rule (6) shall be refunded.(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 of the Act.(11)A weighing device for the purpose of section 114 of the Act shall be tested as to its accuracy every six months by such person as may be appointed in this behalf by the Registering Authority. In the case where such device is installed and maintained by the State Government, the date of the last test held under this sub-rule shall be exhibited on the device.(12)The State Government may, by notification from time to time, issue guidelines regarding installation and use of weighing devices. Such guide-lines may provide for restrictions on places for installation of weighing devices, permission for such installation, payment of fees, if any, and other allied matters.
