2001-01-13
Steven Thoburn and every other trader were informed well in advance of the
changes and the consequences of disobeying the laws. If his court trials
cost him a significant amount of money, then it is his own fault. He
claims: "In or out of Europe, I just want to be left alone to get on with my
job and support my family," Thoburn said in a telephone interview. "I
provide a service to customers, and no one has ever asked me for anything in
a metric rate. If they asked, I would provide it. I have nothing against
metric." If this is true, then he wouldn't be in the position he is in now
if he would have complied like hundreds of thousands of others have.
I can't see the court pronouncing an innocent verdict. It is clear he was
warned, and refused to obey, and most likely with the urgings of the BWMA
and UKIP. I think the USMA and UKIP want a guilty verdict so they can take
the case to a higher court. There is more publicity in a higher court.
They are using this case to as a stepping stone to achieve higher goals.
The question that comes to mind is: If the UKIP succeeds in bringing the
"UK" out of the EU, does that mean that all of the UK will leave? What if
Scotland, Wales and Northern Ireland decide they want to remain in the EU?
Will England grant them their wish? Will the UKIP accept a UK without
Scotland, Wales or Northern Ireland?
Am I wrong in assuming that all these anti-EU and anti-metric rebellions are
coming out of England only? Yes, the BWMA is headquartered in Scotland, but
that doesn't mean the Scots favour their activities.
I just hope during the court trial someone really drives it in that it is
British law Stephen Thoburn broke and the EU is not involved.
Guidance to Business on the Use of Metric Units of Measurement and the EC
units of Measurement Directive.
Regulated Transactions
Supplementary Indications
Non-regulated transactions
Appendix 1
----------------------------------------------------------------------------
----
It is thirty years since the Government first expressed its support for the
adoption of the metric system as the primary system of weights and measures
for the United Kingdom. Since then the United Kingdom has proceeded to adopt
the metric system in stages for an ever-increasing range of uses.
In November 1994, Parliament approved legislation that requires nearly all
products regulated by the Weights and Measures Act 1985 that are still
traded in imperial units to convert to the use of metric units as the
primary indication of quantity. Most of the products affected are due to
complete their conversion by 1 October 1995.
The purpose of this guidance is to bring to the attention of business not
only those areas of activity covered by the EC Units of Measurement
Directive 1989 and regulated by UK weights and measures and prices
legislation, but also those that are not regulated by UK legislation.
Regulated Transactions
Many common consumer goods that are priced and sold by reference to units of
measurement (weight, capacity measure, volume, area or length) are regulated
by the Weights and Measures Act 1985 and its subordinate legislation.
Regulated goods include most groceries (foods and non-foods), and many DIY
goods and related products.
The majority of regulated products are sold in fixed weight pre-packs. Since
1980 they have been required to display a metric statement of quantity, with
the option of displaying a supplementary indication of quantity in imperial
units. Common groceries that have long been sold in metric units include
tea, instant coffee, bread, breakfast cereals, fruit juice, canned and
frozen foods, most pre-packed fruit and vegetables, soap, washing powder,
washing-up liquid, and other household detergents and cleaning agents. In
many instances retailers and manufacturers have ceased to use imperial units
as supplementary indications, confident that the public is now accustomed to
buying their products in metric units.
Following extensive consultation Parliament approved legislation in November
1994 which provides that nearly all regulated goods that are still sold in
imperial units are required to be weighed, measured and priced in metric
units from 1 October 1995. The principal exceptions are:
Goods sold loose by the pounds and ounce (such as unpacked fresh fruit and
vegetables), which may continue to be weighed and priced in imperial units
until 31 December 1999, after which date they are required to be sold in
metric units;
Draught beer and cider, and milk sold in returnable containers, which may
continue to be sold by the pint indefinitely.
In addition, the Units of Measurement Regulations 1995 (SI 1995/1804)
provide for the conversion to metric of all references to imperial units in
existing legislation, and in "..any contract, agreement, licence, authority,
undertaking, statement, deed, instrument or document�" (regulation 2) made
before 1 October 1995 and having effect on and after that date. DTI will be
happy to help in explaining the application of this instrument to particular
circumstances, though businesses should seek the assistance, in the first
instance, of their own legal advisers with any questions of interpretation.
To assist small traders in the final stage of metrication, DTI established a
working group with representatives to the retail trade and local authority
trading standards departments. The group has prepared information and advice
in leaflets, which have been distributed to small traders via the trade
press, and through trade associations and local trading standards
departments.
Traders may continue to use imperial units as supplementary indications and
to display conversion charts if they consider that would be of value to
their customers. Traders will also be free to serve (though in metric units)
customers who ask for goods in imperial units.
Supplementary Indications
At each stage in the metrication process DTI has ensured that traders have
had the option of continuing to use imperial units as supplementary
indications of quantity alongside the primary metric indication, until such
time as the trade feels confident that UK consumers have become accustomed
to buying products in metric quantities. Thus, many products that have long
been metricated - such as breakfast cereals - no longer bear an imperial
supplementary indication.
Under existing directives, the right to display non-metric units alongside
metric units is specifically protected during the transition period up until
31 December 1999. However, the Government intends that UK traders should be
free to continue to display imperial units as supplementary information for
as long as the public and trade find that useful.
The Government will shortly issue a consultation paper on the case for
continued use of supplementary indications after that date.
Non-regulated transactions
The majority of commercial transactions in goods, land and services are not
regulated by the Weights and Measures Act 1985. These transactions are
therefore not subject to any express sanction under provisions in UK
legislation that regulate the use of units of measurement. Business should,
however, recognise that the scope of the EC Units of Measurement Directive
is wider than regulated transactions. It provides for the use of metric
units as the primary system of measurement from 1 January 1995 for
"measuring instruments used, measurements made and indications of quantity
expressed in units of measurement, for economic, public health, public
safety or administrative purposes" (Article 2), unless one of the
derogations (set out in appendix 1) which permit the longer use of imperial
units applies.
The following are among the consequences that could follow for those
non-regulated transactions that continue to use imperial units:
Businesses which had hitherto used imperial units in transactions with other
Member States could find that they are excluded from those markets until
such time as they convert to metric units;
The validity of a non-regulated transaction involving the use of imperial
units could be liable to legal challenge by a party that argued that the
transaction should not be upheld or enforced.
It is DTI's understanding that many sectors have converted wholly to metric
units (eg construction and engineering), while other sectors have begun to
introduce metric units alongside imperial units (eg textiles and clothing).
Where businesses are unsure as to the application of the Directive and of
the implementing legislation to their own activities, they should, in the
first instance, seek their own legal advice. This guidance is of general
application only. Businesses may need further help from their professional
advisers, which DTI would be happy to supplement.
Any questions about this guidance note, or requests for additional
information and advice about the use of metric units should be addressed to:
Gareth Harper, Consumer Affairs Division, 1 Victoria Street, London SW1H
0ET. Telephone enquiries should be directed to Ms Shanta Halai (020 7215
0334).
Last revised: Tuesday 25th May, 1999
Glückliches Neues Jahr!
Happy New Year!
John
Keiner ist hoffnungsloser versklavt als derjenige, der irrtümlich glaubt
frei zu sein.
There are none more hopelessly enslaved then those who falsely believe they
are free!
Johann Wolfgang von Goethe (1749-1832)
-----Original Message-----
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]]On
Behalf Of [EMAIL PROTECTED]
Sent: Saturday, 2001-01-13 08:28
To: U.S. Metric Association
Subject: [USMA:10446] Re: Metric Martyr's trial
On Sat, 13 Jan 2001 00:05:40 -0500, "kilopascal"
<[EMAIL PROTECTED]> wrote:
>2001-01-12
>
>If I am not mistaken, Monday (2001-01-15) is the day that Stephen
Thoburn is
>to appear in court.
You're not mistaken, john - you've only to look at the top of the page
at http://www.metric.org.uk to confirm this ;-)
>To those in the know, will this trial be a one day
>event, where Mr. Thoburn is either found guilty or innocent, or can this
>linger on for months to come? In cases such as this, what is the usual
>procedure? If Mr. Thoburn is found guilty, will he have the
right to appeal
>the verdict? If he does appeal, will that have any effect on the courts
>decision? Naturally, if he is found guilty, it means the government is
>within its right to confiscate and arrest traders violating the
law. If he
>demands an appeal, then the courts decision is moot as far as the
traders in
>rebellion are concerned.
>
>If he is found innocent, what will that do for law presently on the books?
>Will it allow traders then to chose their units by which they
sell by? Will
>it undermine the WMA?
I'm not a legal expert, so don't take mt word on this - Ian is much
better placed to comment. As I understand, he can appeal. I believe
this is what his lawyer wants, so it can go all the way to the House
of Lords. (See the LA Times article at
http://www.latimes.com/news/nation/20010112/t000003358.html)
>I do feel that the BWMA and the UKIP will do what ever they can
to drag this
>though the courts for a long, long time. As long as there are appeals and
>counter-appeals, keeping the system in confusion, then it gives
the traders
>both time and the feeling of victory. So, where does it end?
You're quite right that they want the matter to drag on indefinitely.
A 'guilty' verdict might still be useful, as it might send a signal to
that minority of traders who are still doing nothing, and might just
persuade them it's not worth the risk of carrying on. However, whether
other TSDs (who've been holding back on prosecuting) would want to
make any moves before an appeal is heard is uncertain.
The Telegraph has a related story today:
http://www.telegraph.co.uk/et?ac=004151436739695&rtmo=kCoYkJxp&atmo=rrrrrrrq
&pg=/et/01/1/13/ncoun13.html
--
Chris KEENAN
UK Metrication: http://www.metric.org.uk/
UK Correspondent, US Metric Association
