The legislation defines end and end measurement as the determination of a measurement relating to a vehicle (whether loaded or not) by adding together separate measurements of the mass supported singly or in combination by the different axles of the vehicle, those separate measurements having been determined by separate operations of a weighbridge.

The development and introduction of longer and heaver vehicles without a similar increase in the length of weighbridge platforms has meant that existing weighbridges are by necessity used to weigh vehicles by the end and end method.

Weighbridge operators, owners, vehicle drivers and other interested parties should bear in mind that weighing vehicles by the end and end method introduces errors that are difficult to identify and quantify which can render the measurement results unreliable.

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In 1989, the introduction of the Uniform Trade Measurement Legislation (UTML) in NSW prohibited the end and end method of weighin on Registered Public Weighbridges and placed restrictions on other weighbridges that employ the method.

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End and end measurement is only permitted on a weighbridge where the following conditions are met.

The use is not for public weighing and the wheelbase of the vehicle concerned is:

• longer than the length of the platform(s) of the weighbridge; and
• shorter than or equal to the sum of the length of the approaches to the platform(s) and the platform(s) (eg. a vehicle with an overall wheelbase of 15 metres weighed on a 10 metre weighbridge would require 5 metre level approaches to both ends of the weighbridge); and
• the approaches have a smooth and level surface which is paved with concrete or other approved material and is in the same horizontal plane as the top of the platform or platforms; and
• the perimeter of the approaches is clearly indicated by painted marks or by other approved means; and
• at all times during the measuring the wheels on one or more of the axles are located on the platform or platforms and the wheels on the other axles are located within the indicated perimeter of the approaches, and the brakes, gears and any other means capable of restricting the free movement of the vehicle are disengaged.

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An operator of a weighbridge is liable for prosecution under the legislation if he or she:

• knowingly permits, assists in, or connives at, a fraud in connection with the measurement of anything by using the weighbridge or the issue of a measurement ticket;
• makes or connives at the making of, a representation known by the licensee or operator to be false with respect to the measurement of anything by means of the weighbridge; or
• knowing of any fraudulent proceeding in connection with the measurement of anything by means of the weighbridge, fails to impart that knowledge to an inspector as soon as practicable.

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Traditionally the sale of bulk landscape supplies, particularly sand, solid and metal, has been by reference to various units of measurement including yard, bucket, ton, tonne and cubic metre. As a result the actual amounts delivered to consumers can fluctuate immensely due to the inability of the vendor to accurately measure the product. However, many customers request bulk supplying by the above units of measurement and traders are comfortable with this manner of selling.

The Trade Measurement Act 1989 does not prescribe the manner in which bulk landscape supplies must be sold so retailers can conduct their business without the need to install expensive measuring equipment if they do not wish to. ie a weighbridge or scale.

However, certain provisions of the legislation require sales of goods by reference to measurement which must be determined by a measuring instrument of a type approved by the National Measurement Institute (shown by a NMI approval number attached to the instrument) and that has been tested and marked by a Trade Measurement Inspector or a licensed service organisation.

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A number of traders are using measuring instruments known as “loader scales” to measure the weight of bulk goods. Traders who use “loader scales” should make sure they are of a type approved for trade use and have been tested and marked by a Trade Measurement Inspector or a licensed service organisation. “Loader scales” that are not of an approved type cannot be used for trade and any transactions determined over such measuring instruments would constitute a breach of legislation.

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The NMI in its document NSC No.4/8/0 approved for trade use certain brim measures for determination of the volume of flowable solids.

Brim measures are in fact scoops or buckets as fitted to front-end loaders used in the sand/soil industry. Inquiries about having a brim measure checked for compliance and certified for trade use should be made through a suitably licensed service organisation.

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If you are selling sand/soil/metal etc by mass (weight):

• The measuring instrument used must be of a type approved by the NMI (shown by a NMI approval number attached to the instrument).
• The measuring instrument used must be accurate, and must have been tested, verified or certified and marked by a Trade Measurement Inspector or a Licensed Service Organisation.

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If a trader does not have an approved, marked measuring instrument, sales of bulk landscape products may be determined by description, quote, negotiation etc. Price per loader bucket or scoop may be quoted or a charge for a level standard box trailer may be negotiated.

Product can be sold by the truckload providing no reference is made during the sale to a reference of measurement (ie. weight or volume) of the goods.

Should the purchaser request a specific quantity of material such as a cubic metre or a tonne, then this method of selling is not appropriate and should not be used.

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Where sand (including cement / sand mixes), soil or other articles are pre-packed for sale, the package must be marked with its net contents on its main display panel (eg 25kg) (unless the package exceeds 75kg). If 45 or less packages of an article ordinarily sold by weight have a total mass of 1 tonne, the measurement marking on the weight of the article may be made on each package by referring to the number of packages which makes up one tonne in such a manner as to imply that the weight of each package is 1 tonne divided by that number (ie. 28 bags to the tonne).

Pre-packed articles must contain not less than the stated amount of product at all times prior to sale. The measurement of some products reduces over time.  Therefore, allowance when the article is packed and marked, must be made for any expected losses which may occur prior to sale.

The package must be clearly marked with the name and street address (not a PO Box) of the packer or party accepting responsibility for the packing. Traders who package and sell articles on their own premises (Not For Resale) need only mark the net contents on the package.

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Materials sold by mass (weight) or volume are required to be in reference to the metric system, that is mass by the kilogram (kg) or tonne (t), and volume by the cubic metre (m3). The price is to be determined by correctly computing the stated quantity in kg, t, m3 by the stated price for the material.

All invoices, statements, receipts and delivery dockets must refer to mass by either the kilogram or tonne and volume by the cubic metre.

If a handling charge or surcharge is made for smaller quantities, a prominent sign must be displayed informing consumers of that extra charge(s).

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A person must not use a weighing instrument for weighing pre-packed articles on premises in which articles are pre-packed unless at least one weighing instrument on the premises is approved for trade use under the Commonwealth National Measurement Act, complies with the Trade Measurement Act, and is suitable for measuring the articles to be pre-packed.

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The following items are exempted from the marking provisions of the Trade Measurement (Pre-Packed) Articles Regulations:

• garden landscape material including pine-bark feature mix
• pine-bark nuggets
• pre planted mushroom spawn
• tree bark
• articles contain compost, farmyard manure, garden peat, leaf mould, peat moss, sphagnum moss, tanbark or other like substances.

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The New South Wales Trade Measurement Act 1989 administers:

• the use of approved measuring instruments for trade
• verification, re-verification and certification of measuring instruments (testing and marking (stamping) of petrol, diesel and LPG flowmeters)
• transactions by measurement (for example by volume)
• the licensing of service organisations.

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Trade Measurement Inspectors safeguard the measurement standards in NSW by:

• verifying measurement standards of volume
• conducting in-service inspections to check accuracy of measuring instruments and their compliance with legislation
• providing information and advice to Industry
• investigating complaints
• providing a verification and re-verification service (charges apply).

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Site operators should ensure that flowmeters on their sites have:

• been approved for trade use by the National Standards Commission and marked (stamped)
• the required accuracy, measuring within ± 0.5% for petrol & distillate, for LPG ± 1.0%
• all volume (L), unit price ($/L) and total price ($) indications complete and easily read
• all panels, hoses and nozzles in good condition
• all lights in working order
• no leaks.

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The Act provides for the re-verification periods, which in NSW are 24 months for driveway flowmeters and every 12 months for LPG driveway flowmeters. A Fair Trading Inspector can direct an owner to have an instrument re-verified. A licensed service organisation in the normal roll of their work can advise an owner of Fair Trading policy regarding re-verification.

When directed by a Fair Trading Inspector that flowmeters are due for re-verification owners may choose to have their instruments certified by a licensed service organisation or re-verified by a Fair Trading Inspector.

Note: Fair Trading Inspectors cannot repair or service a flowmeter and will issue a“Rectification Notice” for an instrument that cannot be marked. A fee will be charged when testing has been carried out.

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Service Organisations are licensed under the Trade Measurement Act so that their technicians (certifiers) can perform the same tests as Inspectors, using equivalent reference standards.

If an instrument measures correctly and complies with all requirements the technician can apply the legal mark (stamp) and issue a certificate (certification form) to the owner. If an instrument does not comply the technician may be able to calibrate or service and then certify and mark the instrument. The instrument can then be used legally for trade purposes. If the technician cannot certify the instrument, he is required by conditions of licence, to issue a notification of non-compliance.

A copy of the notice of non-compliance is forwarded to Fair Trading within 14 days for follow up action by Fair Trading Inspectors. The instrument must not be used for trade purposes until it is repaired and certified or re-verified. The work of a licensed service organisation is subject to audit by the Office of Fair Trading.

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The basic requirements for retail shops/supermarkets are:

• weighing instruments must be of a type approved by the National Standards Commission
• weighing instruments must bear an Inspectors or licensees mark
• weighing instruments must be properly installed and measure accurately
• pre-packed articles must comply with the Trade Measurement Act and Regulations.

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A person must not use a weighing instrument for weighing pre-packed articles on premises in which articles are pre-packed unless at least one weighing instrument on the premises is approved for trade use under the Commonwealth National Measurement Act, complies with the Trade Measurement Act, and is suitable for measuring the articles to be pre-packed.

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All articles sold by weight or volume or number must be marked with a quantity statement.

Where the package is packed on the premises from which it is sold by retail, clear legible handwriting is permitted. In all other cases the quantity statement must be printed on the main display panel of the package. An approved ticket printing price computing scale may be used.

The correct symbols for kilograms and grams are "kg" and "g" respectively, for litres "L" and millilitres "mL". Articles sold by count shall have the number of articles contained within the package shown on the front of the package. Where the number of articles is 8 or less and the articles can be readily seen, then the package need not be marked with the count.

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All articles sold by weight or volume or number must be marked with a quantity statement.

Where the package is packed on the premises from which it is sold by retail, clear legible handwriting is permitted. In all other cases the quantity statement must be printed on the main display panel of the package. An approved ticket printing price computing scale may be used.

The correct symbols for kilograms and grams are "kg" and "g" respectively, for litres "L" and millilitres "mL". Articles sold by count shall have the number of articles contained within the package shown on the front of the package. Where the number of articles is 8 or less and the articles can be readily seen, then the package need not be marked with the count.

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Where the package is sold by retail from the premises on which it is packed, it is not required to be marked with packer identification. However, other Departments (eg. Health) may have other requirements. In most other cases the name and address of the packer or the person responsible for the package, shall appear clearly and legibly on the package.

It is the responsibility of the instrument owner to ensure the accuracy of instruments. The use of inaccurate instruments for trade and the offer for sale of non-complying pre-packed articles are offences under the Act and can be dealt with by Penalty Notice (on the spot fines) or prosecution in local court.

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Where goods are purchased in bulk, you should only pay for the net contents of the container. If an article is sold at a price determined by measurement it is an offence to directly or indirectly mislead the customer as to the measurement or calculated price of the article. The shop should 'tare' the weight of the container on the scale before they fill it.

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If the labels on goods sold are printed by a weighing instrument printer, the characters must be at least 3 mm high.  If otherwise, the characters must comply with the following table:

Where a package is packed on the premises from which it is sold by retail, clear legible handwriting is permitted for quantity statements.

Glace fruits are notorious for losing weight nevertheless they are required to be marked with their net contents, and be correct weight at the time of sale.

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A person must not use a weighing instrument for weighing pre-packed articles on premises in which articles are pre-packed unless at least one weighing instrument on the premises is approved for trade use under the Commonwealth National Measurement Act, complies with the Trade Measurement Act, and is suitable for measuring the articles to be pre-packed.

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New provisions apply to the sale of firewood by volume. For more information please go to the Sale of firewood.

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