(a) The certificate, when properly completed and signed, shall be prima facie evidence of the accuracy of the measurements shown.

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Terms Used In Tennessee Code 47-26-1012

  • Certificate: means that document or instrument issued by a public weighmaster containing information specified in §. See Tennessee Code 47-26-1002
  • Commissioner: means the commissioner of agriculture or the commissioner's duly appointed representative. See Tennessee Code 47-26-1002
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Public weighmaster: means any person who performs public weighing as defined. See Tennessee Code 47-26-1002
  • signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
  • Vehicle: means any device (except railroad freight cars) in, upon, or by which any property, produce, commodity, or article is or may be transported or drawn. See Tennessee Code 47-26-1002
(b) The design of and the information to be furnished on a weight certificate may be prescribed by the commissioner and will include, but not be limited to, the following:

(1) The name and license number of the public weighmaster;
(2) The kind of commodity weighed, measured, or counted;
(3) The name of the owner, agent, or consignee of the commodity;
(4) The name of the recipient of the commodity, if applicable;
(5) The date the certificate is issued;
(6) The consecutive number of the certificate, if applicable;
(7) The identification, including the identification number, if any, of the carrier transporting the commodity, and the identification number or license number of the vehicle, if applicable;
(8) Other information needed to distinguish or identify the commodity from a like kind;
(9) The number of units of the commodity, if applicable;
(10) The measure of the commodity, if applicable;
(11) The weight of the commodity and the vehicle or container, if applicable, broken down as follows:

(A) The gross weight of the commodity and the associated vehicle or container;
(B) The tare weight of the unloaded vehicle or container; or
(C) Both the gross and tare weight and the resultant net weight of the commodity; and
(12) Signature or initials of the public weighmaster who determined the weight, measure or count.