# Title 38 — Highway Patrol

## Article 38-06 — Movement of Oversize and/or Overweight Vehicles and Loads

## Chapter 38-06-05 — Certification of Portable Scales

### § 38-06-05-01. Certification.

Portable vehicle scales utilized for law enforcement purposes must be tested by an agent of the
North Dakota highway patrol or a registered service person or company prior to being utilized for
enforcement purposes. A portable vehicle scale utilized for enforcement purposes may be certified by
the highway patrol or a registered service person or company. The highway patrol may certify scales
used for enforcement purposes by actual testing of the device or by witnessing the test. The highway
patrol will maintain a record of certification of portable vehicle scales utilized for law enforcement
purposes.
The device utilized by the highway patrol or registered service person or company for the
certification of portable vehicle scales should be one that is certified annually by a facility that has
practices and standards that are traceable to the national institute of standards and technology, an
agency of the United States department of commerce.
History: Effective July 1, 2013.
General Authority: NDCC 39-12-02
Law Implemented: NDCC 39-12-07
### § 38-06-05-02. Recertification.

An agent of the North Dakota highway patrol or a registered service person or company may
inspect, test, and calibrate portable vehicle scales utilized for law enforcement purposes. The owner of
any portable vehicle scale utilized for enforcement purposes is responsible for its accuracy and should
have the device tested and recertified annually. Failure to recertify a portable vehicle scale within fifteen
months of the prior year's annual recertification will disqualify the device to be utilized for enforcement
purposes. The highway patrol will maintain a record of recertification of portable vehicle scales utilized
for law enforcement purposes.
The device utilized by the highway patrol or registered service person or company for the
recertification of portable vehicle scales should be one that is certified annually by a facility that has
practices and standards that are traceable to the national institute of standards and technology, an
agency of the United States department of commerce.
History: Effective July 1, 2013.
General Authority: NDCC 39-12-02
Law Implemented: NDCC 39-12-07
