§ 9.23. Certificate affecting weighing requirements.
(a) Authorization to haul without weighmaster’s certificate.
(1) The Department will issue an authorization allowing a person to haul solid fuel on the public highways for a distance of up to 10 miles from the point of origin of the solid fuel without a weighmaster’s certificate if all of the following occur:
(i) There are no scales at the point of origin of the solid fuel, or the scales are inadequate, inaccurate or otherwise incapable of providing the accurate readings necessary for the production of a weighmaster’s certificate.
(ii) The solid fuel has been loaded into a vehicle by the producer of the solid fuel.
(iii) The sale of the solid fuel has not been consumated and the delivery of the solid fuel to the consumer has not yet begun.
(iv) There are adequate scales to weigh the solid fuel within 10 miles of the point of origin of the solid fuel.
(2) If the Department issues the authorization described in this subsection, the person to whom it is issued shall haul the solid fuel to the nearest available scale of a licensed public weighmaster, but no more than 10 miles from the point of origin of the solid fuel. At this scale, the weight of the solid fuel shall be determined so that the producer of the solid fuel is able to consumate its sale. The trucker will be furnished with a weighmaster’s certificate for the solid fuel before departure of the solid fuel from the scale for delivery to the consumer.
(b) Certificate of transport. A conveyor of solid fuel operating under this section shall have in his possession at all times during the period of transport from point of origin to place of weighing and departure for delivery a certificate of transport containing the following information:
(1) The date on which the certificate is issued.
(2) The time of leaving the mine or breaker.
(3) The name of the driver of the transporting vehicle.
(4) The license number of the transporting vehicle and trailer.
(5) The name of the owner or lessor of the mine or breaker.
(6) The location of the mine or breaker.
(7) The location of the scale to which solid fuel is being conveyed.
(c) Source and disposition of certificate of transport. The certificate of transport shall be furnished by the owner or lessor of the mine or breaker and surrendered to the weighmaster upon issuance of the weighmaster’s certificate.
(d) Registration. An owner or lessor of mines or breakers operating under this section shall register with the Department by letter to the address in § 2.2 (relating to contacting the Department), and provide a copy of this registration letter to any county sealer or city sealer having enforcement authority with respect to the area from which the solid fuel originates or the scales to which it is to be transported. The registration shall include the name and location of the mines or breakers and the names and locations of the scales to which the owner or lessor proposes to transport solid fuel for the purpose of weighing before starting it out for delivery.
Cross References This section cited in 70 Pa. Code § 9.24 (relating to limitations of certificate for anthracite).
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