Application. This regulation governs the method for obtaining various weights of vehicles, as required by the Transportation Article, Annotated Code of Maryland, and as accomplished by law enforcement officers in the State, when using wheel load weighers, axle-load scales, and vehicle scales. Definitions. “Axle-load scale” means a scale, permanently installed in a fixed location, having a load-receiving element specially adapted to determining the combined weight of all wheels of a vehicle on: A single axle; or A group of consecutive axles. “Law enforcement weighing” means the weighing of vehicles to determine compliance with those weights allowed in Transportation Article, Titles 13 and 24, Annotated Code of Maryland, and by permits issued by the State Highway Administration. “Vehicle scale” means a scale adapted to weighing vehicles and possessing a platform or platforms on which all wheels of the vehicle may rest simultaneously. “Weight enforcement officer” means a member of the State Police, or other law enforcement agency, who has been certified by the Secretary of State Police to weigh vehicles for enforcement purposes. “Wheel load weigher” means a compact, self-contained, portable weighing device specially adapted to determine the wheel loads or axle loads of vehicles for the enforcement of weight laws. Tolerance. Police officers involved in law enforcement weighing shall apply the maximum applicable weight tolerance authorized by the Transportation Article. Use of Axle-Load Scales. Approaches to axle-load scales shall be straight, level, and in the same plane with the load-receiving elements of the scale. Approaches at each end of the scale shall be of sufficient length to ensure the level positioning of vehicles during weight determinations. After positioning an axle or group of consecutive axles of a vehicle on an axle-load scale, the brakes of the vehicle shall be released and reapplied. A weight reading may not be taken until the weight indicator is stable. Use of Vehicle Scales. Approaches shall be straight, level, and in the same plane with the load-receiving elements of the scale. Approaches at each end of the scale shall be of sufficient length to ensure the level positioning of vehicles during weight determinations. After the vehicle has been positioned, the brakes of the vehicle shall be released and reapplied. If the vehicle configuration requires a repositioning, the brakes shall be released and reapplied. A weight reading may not be taken until the weight indicator is stable. Use of Wheel Load Weighers. The weighing location shall be reasonably level. The roadway cross section may not exceed a 5 percent grade. Wheel load weighers shall be employed on surfaces of sufficient firmness to prevent shifting of the scales. All axles shall be weighed on the same plane. Groups of consecutive axles less than 12 feet apart shall be weighed simultaneously. Wheel load weighers shall be employed in multiples of two. An entire axle shall be weighed at the same time. Before each weighing the weight indicator shall be positioned on zero. The wheels of the vehicle shall be driven straight upon each wheel load weigher and placed within the active weighing area. After positioning the vehicle on the wheel load weighers, the brakes of the vehicle shall be released and reapplied. If the weight indicator falls between graduations, it shall be rounded to the lower graduation. Shifting Loads. The tolerance for loads that may shift is stated in Transportation Article, Title 24, Annotated Code of Maryland. Directing Vehicle to Scales. When it is not possible or feasible to weigh a vehicle by any of the methods described in this regulation, a law enforcement officer may require the operator of a vehicle to travel to the nearest appropriate private or State-owned scale, which complies with the standards of §K(5), (6), and (7) of this regulation for the purpose of weighing the vehicle. This includes, but is not limited to, vehicles operating on a State Highway Administration permit and vehicles using routes which bypass a scale location. Normally, a distance of approximately 10 miles may be considered reasonable for requiring an operator or a vehicle to proceed to a scale for weighing. Ten miles is not to be considered an absolute distance, since unusual circumstances may require travel in excess of 10 miles. Time Limits to Furnish Weighing Equipment. If a police officer has reason to believe that a vehicle is overweight, he may require the operator to wait for an enforcement officer capable of doing law enforcement weighing. Under normal circumstances the operator will not be required to wait for more than 1 hour if the weight enforcement officer is on duty or more than 2 hours if the weight enforcement officer is off duty. If the police officer has reason to believe that the suspected overweight meets the off-loading requirements of Transportation Article, Title 24, Annotated Code of Maryland, the operator may be required to wait for a longer time than in §I(2) of this regulation. Prerogative of Operator. The operator of a vehicle may elect to have the vehicle weighed on a vehicle scale instead of the vehicle being weighed on wheel load weighers. The scale used shall be the nearest appropriate scale that meets the standards established in §K(5), (6), and (7) of this regulation. The cost of weighing on private scales may be borne by the requesting operator. Acceptability and Testing of Weighing Devices. The specifications and tolerances for weighing devices used by law enforcement personnel shall be those for commercial and law enforcement devices as adopted by the National Conference on Weights and Measures, and included in the National Institute of Standards and Technology Handbook 44 except as it applies to the maintenance tolerances for wheel load weighers. The maintenance tolerance for wheel load weighers shall be: 0 to 9,999 pounds, plus or minus 2 percent of the known test load; 10,000 pounds and above, plus or minus 1 percent of the known test load. All weighing devices used in weight enforcement activities shall be periodically tested by one of the following: The Maryland Department of Agriculture, Weights and Measures Section; Personnel of the State Police that have been certified by the Maryland Department of Agriculture, Weights and Measures Section. The values of all weights or precision force measuring equipment used to determine the performance of weighing devices shall be certified periodically by comparison with Maryland State standards which are traceable to the National Standards or by comparison with the National Standards. Wheel load weighers used by weight enforcement officers shall be certified semiannually by the State Police, or more frequently if considered necessary by the Secretary, to ensure the accuracy of the scales. Axle-load and vehicle scales used by weight enforcement officers shall be certified semiannually by the Maryland Department of Agriculture, Weights and Measures Section. Privately owned scales used for enforcement purposes shall be certified by the Maryland Department of Agriculture, Weights and Measures Section, within 6 months of the enforcement weighing. Certification of Weight Enforcement Officers, Equipment, and Methods. Enforcement weighing done by weight enforcement officers shall use methods approved by the Secretary of State Police. Copies of these methods can be obtained from the Commercial Vehicle Enforcement Division. Weighing done by weight enforcement officers shall use equipment that meets the certification requirements in §K(5), (6), and (7) of this regulation. Weight enforcement officers shall meet the training requirements of, and be certified by, the Secretary of State Police. All weight enforcement officers shall use forms provided by the Commercial Vehicle Enforcement Division. Completed forms will be forwarded to the Commercial Vehicle Enforcement Division which shall be the central repository for weight violations. The Commercial Vehicle Enforcement Division shall be responsible for monitoring procedures and equipment used by weight enforcement officers. Transportation Article, §24-111, Annotated Code of Maryland Effective date: July 21, 1972 Regulation .03 amended effective May 15, 1981 (8:10 Md. R. 877) Regulation .03J amended effective February 4, 1991 (18:2 Md. R. 151) Chapter revised effective July 8, 1991 (18:13 Md. R. 1484) Chapter recodified from COMAR 12.06.06 to 29.02.03, July 1994 Regulation .01K amended effective September 30, 2002 (29:19 Md. R. 1526)