SLIRLJ 6.6.1
   CERTIFICATION OF SCALES USED IN THE MEASURMENT OF WEIGHT FOR COMMERCIAL MOTOR VEHICLES


    (a) IN GENERAL. This rule applies only to contested hearings in traffic infraction cases.

    (b) SCALE CERTIFICATION. Evidence given under oath (including testimony given in person
or the written report of an officer as provided in IRLJ 3.3) of the results of a measurement
of the weight of any commercial motor vehicle or portion thereof shall be admissible without
additional foundation. A sworn statement setting forth the results of any inspection, test
and/or certification of any scale used primarily for the purpose of measuring the weights of
commercial motor vehicles shall likewise be admissible in evidence without additional
foundation, and shall not be subject to objection on grounds of hearsay, provided that such
document is maintained in a manner consistent with subsection (d) of this rule. Any party
may present evidence supporting or attacking the result of any such measurement of weight
or the inspection, test and/or certification of any such scale.

    (c) [Reserved]

    (d) MAINTAINING CERTIFICATES AS PUBLIC RECORDS.  Any document of inspection, test and/or
certification of any State scale as set forth in subsection (b) of this rule may be filed
with the court and maintained by the court as a public record.  The documents will be
available for inspection by the public.  Copies will be provided on request.  The court may
charge any allowable copying fees. The documents are available without a formal request
for discovery. In the alternative, or in addition, such documents may be maintained on a
web site established for that purpose by the Washington State Patrol. The court is entitled
to take judicial notice of the fact that the document has been filed with the court or
maintained on the web site.  Evidence will not be suppressed merely because there is not a
representative of the prosecuting authority present who actually offers the document.


[Adopted effective September 1, 2008]