37-22-13. Tagging of inaccurate scales--Removal of tag as misdemeanor--Repair, retesting, and use of scales.
If the person making an inspection pursuant to §37-22-9 finds any scale in use inaccurate, the inspector shall condemn, or reject for repair, the scale and attach to the scale a card, notice, or other device, indicating that the scale is condemned or rejected. It is a Class 2 misdemeanor for any person to remove, deface, or destroy the card, notice, or other device placed upon the condemned or rejected scale. Any scale tagged as, condemned for repairs, shall be repaired or corrected within sixty days. The scale may not be used for any purpose until the scale has been repaired, retested, found to be correct, and is placed in service by a registered service agency or agent or until the department has consented to the use of the scale. The owner or operator of any weighing device tagged or marked, rejected for repair, may continue to use the device but shall have the device repaired or corrected within thirty days by a registered service agency or agent.
Source: SDC 1939, §63.0304; SL 1977, ch 190, §292; SL 2004, ch 17, §272; SL 2006, ch 187, §28; SL 2016, ch 183, §50.
Structure South Dakota Codified Laws
Chapter 22 - Scales Maintained By Carriers, Elevators And Stockyards
Section 37-22-1 - Scales under supervision of department and subject to inspection.
Section 37-22-1.2 - Definitions.
Section 37-22-4 - Department jurisdiction exclusive.
Section 37-22-5 - Appointment of inspectors.
Section 37-22-7 - Department facilities and equipment.
Section 37-22-9 - Entry on premises and testing of scales.
Section 37-22-10 - Inspection and testing fees.
Section 37-22-12 - Hourly charges for requested testing outside regular route.
Section 37-22-16 - Deposit of money collected.
Section 37-22-17 - Prohibited acts--Misdemeanor.
Section 37-22-18 - Variance from rules or specifications governing scale--Promulgation of rules.