30-12-107. Split weighing of commodities allowed -- disclosure -- rules.
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30-12-107 . Split weighing of commodities allowed -- disclosure -- rules.
(1)The net weight of a commodity, including raw logs, grain, and quarried rock, transported by any combination of truck, truck tractor, trailer, or semitrailer, as those terms are defined in 61-1-101 , may be determined by split weighing the combination if:
(a)the vendor and the purchaser agree in writing to the split weighing; and
(b)either the vendor or the purchaser who is a party to the agreement is responsible for paying the cost of the shipment and any freight charges.
(2)The weigh ticket, weight slip, or other documentation certifying the net weight of the commodity and accompanying delivery of the commodity must clearly disclose that the net weight of the commodity as delivered was determined by split weighing.
(3)The written agreement between the vendor and the purchaser to allow for split weighing must accompany delivery of the commodity.
(4)The department shall adopt rules consistent with this section to provide for the implementation and administration of split weighing. The rules must require, at a minimum that:
(a)the name of the person operating a scale to split weigh and the date and location of the scale be reported to the department and be stated on the weigh ticket, weight slip, or other documentation; and
(b)the person operating the scale shall certify that:
(i)each axle of the vehicle or combination of vehicles rests on a straight surface that is level with the deck of the vehicle scale or, if not level, the amount by which the deck of the scale is not level does not exceed 1/3 inch per foot of distance between the deck of the vehicle scale and the axle;
(ii)the brakes of the vehicle or combination of vehicles are not used while the vehicle is being weighed; and
(iii)the transmission of the vehicle or combination of vehicles is in neutral.