This act [57-18-1 to 57-18-26 NMSA 1978] may be cited as the “Weighmaster Act”. History: 1953 Comp., § 76-4-1, enacted by Laws 1973, ch. 236, § 1. ANNOTATIONS Am. Jur. 2d, A.L.R. and C.J.S. references. — 79 Am. Jur. 2d Weights and Measures § 20 et seq. 94 C.J.S. Weights and Measures §§ 6, 7.
A. A weighmaster license is required of any person who does public weighing or third-party weighing, except as provided in Section 57-18-18 NMSA 1978, or charges a fee for any weight determination. B. The issuance of a weighmaster license shall not obligate the state to pay to the licensee any compensation for his services as […]
Except for the surety bond requirement provided in Section 8 [57-18-8 NMSA 1978] of the Weighmaster Act, the duties, qualifications and responsibilities of the deputy weighmaster shall be the same as those of the weighmaster provided in the Weighmaster Act. The deputy weighmaster shall perform his duties in accordance with the same provisions of the […]
The director shall prescribe the form of weight certificates to be used by each weighmaster. The weight certificates shall be consecutively numbered and shall bear, but not be limited to, the following information: the date of issuance, the kind of property, produce, commodity or article weighed, the name of the declared owner or agent of […]
Each weighmaster shall personally determine each weight entered on a weight certificate issued by him. He shall make no entries on a weight certificate issued by some other person except as allowed by regulation. Each weight certificate shall show clearly that weight or weights were actually determined. In any case in which only the gross, […]
When making a weight determination as provided for by the Weighmaster Act, a weighmaster shall use a proper weighing device. A proper weighing device is one suitable for weighing the amount and kind of material to be weighed. A proper weighing device is one that has been inspected and approved for use by a weights […]
A weighmaster shall not use any scale to weigh a load which exceeds the nominal or rated capacity of the scale. All persons shall be off the vehicle and clear of the scale platform when a weighmaster is weighing the vehicle, except that the driver may remain on the vehicle if so noted on the […]
A weighmaster shall keep and preserve for at least one year a legible copy of each weight certificate issued by him. Copies of weight certificates shall be kept open to the inspection by any weights and measures officer of this state. History: 1953 Comp., § 76-4-16, enacted by Laws 1973, ch. 236, § 16. ANNOTATIONS […]
Whenever there is statutory authority in any other state which licenses weighmasters, for the recognition and acceptance of the weight certificates issued by licensed weighmasters of this state, the director of this state is authorized to recognize and accept the weight certificates of the other state. History: 1953 Comp., § 76-4-17, enacted by Laws 1973, […]
The following may, but are not required to, obtain licenses as weighmasters: A. a weights and measures officer when acting within the scope of his official duties; B. a person weighing property, produce, commodities or articles that he or his employer is buying or selling; C. a person weighing property, produce, commodities or articles in […]
Duly authorized representatives of the director may at any time require a loaded or unloaded vehicle to proceed to the nearest vehicle scale for the purpose of verifying the gross or tare weight of the vehicle. History: 1953 Comp., § 76-4-19, enacted by Laws 1973, ch. 236, § 19.
As used in the Weighmaster Act: A. “weighmaster” means a natural person licensed under the provisions of the Weighmaster Act; B. “vehicle” means any device by which any property, produce, commodity or article is transported; C. “director” means the director of the state department of agriculture; D. “board” means the board of regents of New […]
Notwithstanding any other provisions of the Weighmaster Act, livestock shall be weighed by a weighmaster where livestock is sold on the basis of weight at a public salesyard, or by or at any livestock market, market agency or dealer subject to the federal Packers and Stockyards Act. History: 1953 Comp., § 76-4-20, enacted by Laws […]
Scrap metal and salvage material shall be weighed by a weighmaster where scrap metal and salvage materials are purchased or sold by dealers, brokers or commission merchants on the basis of weight obtained from a vehicle scale. History: 1953 Comp., § 76-4-21, enacted by Laws 1973, ch. 236, § 21.
No person shall perform the duties or acts to be performed by a weighmaster under the Weighmaster Act or shall hold himself out as a weighmaster, issue any weight certificate, ticket, memorandum or statement for which a fee is charged, unless he holds a valid license as a weighmaster or a deputy weighmaster. History: 1953 […]
The director is authorized to suspend or revoke the license of any weighmaster or a deputy weighmaster when: A. he is satisfied, after a hearing upon ten days’ notice to the licensee, that the licensee has violated any provision of the Weighmaster Act or any valid regulations of the board affecting licensed weighmasters; or B. […]
Any person who requests a weighmaster to weigh any property, produce, commodity or article falsely or incorrectly, or who requests a false or incorrect weight certificate, or who issues a weight certificate simulating the weight certificate prescribed in the Weighmaster Act, and who is not a weighmaster, shall be guilty of a misdemeanor. Upon conviction […]
Any licensed weighmaster or deputy weighmaster who falsifies a weight certificate, or who delegates his authority to any person not licensed as a weighmaster or deputy weighmaster, or who signs a weight certificate with his official signature before performing the act of weighing, shall be guilty of a misdemeanor. Upon conviction he shall be punished […]
Any person who violates any provision of the Weighmaster Act or any rule or regulation promulgated pursuant thereto for which no specific penalty has been provided shall be guilty of a misdemeanor. Upon conviction he shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100). […]
The director is authorized to enforce the provisions of the Weighmaster Act. The board shall issue regulations for the enforcement of the Weighmaster Act. History: 1953 Comp., § 76-4-3, enacted by Laws 1973, ch. 236, § 3.
