ATCP 92.30(3)(h)(h) Approach surfaces. Entry and exit approaches to a vehicle scale shall be at least as wide as the scale platform and at least 1/2 the length of the scale platform. Where it meets the end wall of a scale, each approach shall be supported on a step in the top of the end wall as provided under par. (b). Extending for the first 10 feet from the scale, each approach surface shall be on the same plane with the scale platform and shall be constructed of reinforced concrete, compacted asphaltic materials, steel grating, or structural steel plate of sufficient strength to withstand all loads equal to the concentrated load capacity of the scale. The remainder of the approach surface shall be constructed of a durable material and shall have a slope of not more than 1:12 (vertical rise/horizontal run). The approach shall be constructed and maintained to drain away from the scale, to provide easy vehicle access to the scale, and to provide easy access by the department or a scale service company to test compliance with s. ATCP 92.02 (1).

ATCP 92.30(3)(i)(i) Livestock scales; test weight unloading platform. A concrete test weight unloading platform shall be constructed and maintained next to every livestock scale. The test weight unloading platform shall be at least 10 feet (3 meters) long and 8 feet (2.4 meters) wide. The test weight unloading platform shall be on the same level and plane as the scale platform. The test weight unloading platform shall be situated so that a test truck can easily lower test weights onto the test weight unloading platform, and so that test weights can easily be moved from the test weight unloading platform to the scale platform.

ATCP 92.30(4)(4) Vehicle and livestock scales; tolerances. Vehicle and livestock scales installed or relocated under sub. (1) shall comply with acceptance tolerances under s. ATCP 92.02 throughout the period starting with the first date of use and ending 90 days after the department first receives notice under sub. (5) that the scale is in use. After that initial period, the scale shall comply with applicable tolerances under s. ATCP 92.02.

ATCP 92.30(5)(5) Vehicle and livestock scales; installation report. If a person installs or relocates a vehicle or livestock scale, that person shall report the completed installation or relocation to the department within 5 days after the installation or relocation is completed. The report shall be filed in writing and shall include all of the following:

ATCP 92.30(5)(a)(a) The number of the permit under sub. (1) that authorized the scale installation or relocation, if the scale is a vehicle scale.

ATCP 92.30(5)(b)(b) The date of installation or relocation, and the location at which the scale was installed or to which the scale was relocated.

ATCP 92.30(5)(c)(c) The name of the scale manufacturer, the brand name of the scale, and the model or serial number of the scale.

ATCP 92.30(5)(d)(d) The capacity of the scale.

ATCP 92.30(5)(e)(e) The sectional capacity of the scale if the scale was constructed before January 1, 1989, or the concentrated load capacity of the scale if the scale was manufactured on or after January 1, 1989.

ATCP 92.30(5)(f)(f) A scale test report showing that the scale was tested and correct before it was put into use. The scale test shall comply with sub. (7).

ATCP 92.30(5)(g)(g) A statement indicating whether the scale was sold in connection with the installation or relocation. If the scale was sold, the report shall include the name and address of the buyer and seller, and shall indicate the date of sale.

ATCP 92.30(6)(a)(a) The department may grant a variance from a construction requirement under sub. (3) if the department determines that the variance is justified by special circumstances and will not compromise the structural integrity or accuracy of the scale. The department may impose any conditions on the variance, including alternative construction requirements, which it considers necessary.

ATCP 92.30(6)(b)(b) A person applying for a variance under par. (a) shall submit the application in writing, on a form provided by the department. The application shall include all of the following:

ATCP 92.30(6)(b)1.1. A detailed written justification for the variance. The justification shall demonstrate that the proposed variance is justified by special circumstances and will not compromise the structural integrity or accuracy of the scale.

ATCP 92.30(6)(c)(c) The department may deny a variance application under par. (b) if the requester begins construction in violation of any requirement under sub. (3) before the department grants a variance from that requirement.

ATCP 92.30(7)(a)(a) The owner or operator of a vehicle or livestock scale with a weighing capacity of 5,000 pounds or more that is used for the commercial weighing of commodities or livestock shall at least annually cause the scale to be inspected and tested for accuracy by a person licensed under s. ATCP 92.20 (1). The person performing the inspection and test shall prepare a written inspection and test report for the scale owner or operator.

ATCP 92.30(7)(b)(b) If a report under par. (a) shows that a scale is inaccurate, the scale may not be used until a person licensed under s. ATCP 92.20 (1) re-inspects and retests the scale and delivers a written report to the scale owner or operator confirming that the inaccuracy has been corrected.

ATCP 92.30(7)(c)(c) The owner or operator of a vehicle or livestock scale shall file with the department a copy of each report prepared in connection with the inspection or testing of that scale, including any report required under par. (a) or (b), not more than 15 days after the owner or operator receives the test report and not more than 30 days after the reported inspection or test occurred.

ATCP 92.30(7)(d)(d) If the department finds that a vehicle scale operator who is required to be licensed under s. ATCP 92.31 (1) has failed to file a vehicle scale inspection or test report as required by par. (c), the department shall assess against that operator a license surcharge of $200. The department may not issue or renew an annual license under s. ATCP 92.31 (1) if the operator fails to include the amount of any unpaid surcharge assessed under this paragraph with the operator’s annual license application. The department may suspend or revoke an annual license if the license holder fails to pay a surcharge assessed under this paragraph within 120 days after the department assesses the surcharge. A surcharge payment under this paragraph does not relieve a vehicle scale operator of any other civil or criminal liability for violating sub. (1), but is not evidence of a violation.

ATCP 92.30 NoteNote: The testing and reporting requirements under sub. (7) (a) to (c) apply to all vehicle scales and livestock scales. However the license surcharge under par. (d) applies only to vehicles scales whose operators are required to be licensed under s. ATCP 92.31 (1). See surcharge authorization in s. 98.16 (3m) (c), Stats. Violations by vehicle scale or livestock scale operators are also subject to penalties under s. 98.26, Stats.

ATCP 92.30(8)(8) Rejection notice. A department weights and measures inspector or a municipal weights and measures sealer may issue a rejection notice under s. 98.05 (2), Stats., prohibiting the commercial use of a vehicle or livestock scale which does not comply with this section.