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(d) The appropriate Caltrans district shall be contacted in the event any encroachment is not <br /> removed within the five day limit. <br /> e. Use of Portable Scales. <br /> (1) Portable scales shall be placed so as to weigh the wheels on each end of an axle or the <br /> individual wheels on each end of an axle in an axle group simultaneously. <br /> (2) The surface used for weighing shall be as nearly level as possible and in no event shall the <br /> side slope exceed five degrees. <br /> (3) Brakes shall not be applied to the wheels being weighed. <br /> (4) The weight indicator shall be checked prior to each weighing to ensure that it has returned to <br /> zero. <br /> (5) Weights indicated shall be read to the next lower 100 pounds. <br /> (6) Whenever possible, portable scales shall be used in pits. The scales shall be placed far <br /> enough apart to accommodate the full width of the truck wheels. <br /> f. Weighing at Private Scales. General Order 11.9, Invoice for Weighing of Vehicles at Privately <br /> Owned Scales by Members of the Patrol, establishes a uniform method of presenting and processing <br /> weight invoices and to expedite payment to individuals and concerns furnishing scale facilities to the <br /> state. <br /> g. Unfair Business Practices. When an Officer becomes aware that a motor carrier may be <br /> engaged in an unfair business practice by continuously violating the weight laws, the following <br /> procedure will apply: <br /> (1) The Officer will submit a memorandum to the Commander outlining the alleged unfair <br /> business practice. All citations, documents and statements supporting the allegation should be <br /> included with the memorandum. <br /> (2) The Commander will review the matter to determine if the violations constitute an unfair <br /> business practice as described in Section 17200 of the Business and Professions Code. <br /> (3) The Commander may then refer the evidence to the district or city attorney for review. The <br /> district or city attorney may request inspection of a weighmaster's record for possible civil action <br /> against the violating motor carrier. <br /> (4) Such action should be taken only in cases where the pattern of violations of the carrier is <br /> flagrant and clearly shows an absence of innocent error, or where normal enforcement actions <br /> have not been an effective deterrent to weight law violations by the carrier. <br /> HPM 82.6 8-24 <br />