Trade Metrology Act, 1973 (Act No. 77 of 1973)Chapter V : Use or Possession of Measuring Instruments and Containers28. Sale, supply and use of uncertified measuring instruments |
(1)
| (a) | No person shall sell or supply for use for any prescribed purpose any uncertified measuring instrument unless he or she has obtained prior authority in writing for such sale or supply from the director or any inspector authorised by the director. |
| (b) | The director or inspector concerned may issue such authority if— |
| (i) | he or she is satisfied that the seller or supplier cannot, without undue delay or inconvenience, cause such instrument to be certified or re-certified before its sale or supply; and |
| (ii) | the seller or supplier furnishes him or her with a guarantee in writing signed by a repairer to the effect that the instrument is correct and certifiable under this Act; |
| (iii) | he or she is satisfied as to the sufficiency of the guarantee and the competency of the repairer. |
[Section 28(1) substituted by section 10 of Act No. 42 of 1994]
| (2) | The director may grant permission in writing to use any uncertified measuring instrument if, for any reason, it is not possible to carry out the verification and testing required by regulation and if such measuring instrument is correct and certifiable under this Act. |
[Section 28(2) substituted by section 10 of Act No. 42 of 1994]
| (3) | Any person who possesses or uses any measuring instrument which he has acquired from a person authorised to sell or supply it in terms of subsection (1), shall be exempted from any penalty for possessing or using it for the period between the date of acquisition and the earliest opportunity when he could reasonably cause it to be certified or re-certified. |
| (4) | Any person who furnishes a guarantee under subsection (1) in respect of any measuring instrument which is not correct and certifiable under this Act, shall be guilty of an offence. |