ROAD TRANSPORT LAW

OVERLOADING

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OVERLOADING, THE LAW & YOU

• Overloading is an offence under the Road Traffic Act 1988 and carries a MAXIMUM penalty of up to £5000 PER OFFENCE (ie per axle, per gross, per train overloading)
• There are two statutory defences. But it must be shown that, (a) The vehicle was proceeding to the nearest available weighbridge to be weighed, or was proceeding from the weighbridge to the nearest suitable offloading point, or, (b) That the vehicle was loaded to within its legal limits and the weight (either gross or individual axle) had increased in transit by no more than 5% and nothing had been added to the vehicle since it was first loaded.
• Overloading convictions can affect the decision of the Traffic Commissioner to suspend, revoke or renew an HGV driver's licence. If an operator and/or his driver is convicted of overloading, details of that conviction MUST be notified to the Traffic Commissioner or Traffic Area Office WITHIN 28 DAYS.
• Overloading convictions may be taken into account by the Traffic Commissioner who may decide to take action against the O-Licence holder.
• When applying for an O-Licence the authorities must be satisfied that the applicant has made acceptable arrangements to avoid overloading as per the undertakings on the back of the form GV79 "Application for a Licence"
• If a vehicle has been overloaded to the point at which its use would create a danger or injury to any person, then the driver and operator could be charged with the offence of using a vehicle in a dangerous condition. This is a more serious offence: in addition to the same maximum £5000 fine there are also the penalties of obligatory licence endorsement and discretionary disqualification.,

WHAT HAPPENS IF YOU'RE OVERLOADED

Overloading a truck is an absolute offence. In other words, the offfence is committed even where the driver or operator had no knowledge that the vehicle was overloaded. Unfortunately, even the most conscientious operator and driver can get it wrong. Moreover, consignors can (and often do) incorrectly state the weight of a load. Wherever possible get the consignor to confirm the cargo weight IN WRITING and make sure that the weight is on the weighbill/consignment note. It could be used in mitigation if you're then found to be overloaded.

• The prosecuting authorities-whether Vehicle Inspectorate, Trading Standards or Police-do not normally prosecute where a detected overload is less than 5% or one tonne, whichever is the smaller. If this is the case the driver will still be cautioned before being allowed to proceed.
• Where a vehicle has a minor axle overload, but is within its gross weight, the driver may also be allowed to redistribute the load and continue after a verbal warning. If a driver is on his way to weigh the vehicle at the time of being stopped he must tell the enforcement authorities.
• Where a serious overload occurs the vehicle examiner or police will prevent the vehicle from moving by application of a prohibition notice UNTIL the excess weight has been removed. An enforcement officer can order an overloaded vehicle to a particular nearby site where the overload can be removed. It is the responsibility of the driver and operator to arrange for the weight to be reduced.
• Once the vehicle is within its plated legal weight the driver will be allowed to continue his journey-but it is also likely that he will be given either a written or verbal notice of an intention of prosecution for overloading offences from the VI, Police or Trading Standards officer.
• Initially, a haulier may receive a letter from the prosecuting authority asking for confirmation that the operator: employs the driver; owns the vehicle; and that the vehicle was being used on the operator's business on the day of the alleged offence. It will also request mitigating circumstances. If the letter has come from Trading Standards there is no legal obligation to reply; however, a request from the Police regarding the driver's details must be complied with, especially if there has been an incident involving the vehicle such as an accident or speeding, etc. If in any doubt you should seek legal advice promptly.
• Finally, the driver or operator will receive a summons to appear in a Magistrates Court to answer the charge of overloading a commercial vehicle in breach of the Road Traffic Act. The summons will be sent to either the vehicle operator or the driver or both. However, if a company or driver can prove they have done everything in their power to prevent the offence they MAY be given an absolute discharge. This is where the court considers the offence has been committed -but where the company or driver are "morally" blameless.

ENFORCEMENT WEIGHING

AVOID DYNAMIC AXLE PITFALLS

The DOT operates a number of dynamic axle weighers in the UK for enforcement purposes. They have not been without their problems in operation. Any driver weighed on a dynamic axle weigher as part of a weigh check should apply the following "rules".

1. Ensure your vehicle travels in a straight line for at least twice its length when proceeding on to the concrete apron BEFORE weighing to eliminate lateral forces which would affect the suspension.
2. Stop the vehicle as directed six metres from the weighbeam with the footbrake and keep it applied WITHOUT applying the park brake.
3. If you do apply the park brake, wait AT LEAST 10 seconds before setting off over the weighbeam after it is released, to ensure the spring brakes have sufficient time to release fully.
4. Do NOT surge the vehicle with the accelerator, even by a slight amount as you pass over the weigh beam. If you do, abort the weighing by stopping the vehicle.
5. Do NOT brake to check the speed of the vehicle. If you do, abort the weighing by stopping completely.
6. Remember, you are NOT under any legal obligation to have only one weighing. So if either points 4 or 5 occur, stop the vehicle mid-weigh and apologise to the enforcement officer who will arrange further attempts.
7. If you DO register a prosecutable overload which you genuinely consider incorrect, ask for a re-weigh and/or
8. Proceed without delay to the nearest certificated plate weighbridge and obtain a weighbridge ticket in evidence, ensuring your tachograph records show that you have not stopped for a sufficiently long period to have discharged your load.
9. Obtain any written information from the consignors and so on to verify the weight of the payload.
10. Weigh the vehicle (and trailer) immediately in the unladen condition. These last three points will be invaluable in convincing a court should your vehicle have been inaccurately weighed.

CODES OF PRACTICE

THE RIGHT WEIGH

The use of either plate or dynamic axle weighbridges for enforcement purposes, as well as portable weighpads is stricly controlled under codes of practice published by the Department of Transport. These state the conditions under which check weighing can take place. For example, with all types the weighing MUST be carried out, or supervised by, an Authorised Officer fully conversant with the operation of the weighing equipment.

On dynamic axle weighers there is also a set proceedure to establish their initial acceptability and continuing accuracy, together with strict rules governing the construction of the dynamic axle test site including the level of the approach and exit to the concrete apron: eg for eight metres either side of the weighbeam the levels should be within a tolerance of +/- 3mm.

Not all weighings take place in accordance with the code of practice! And this could prove to be a vital defence should you be prosecuted for overloading. Copies of the lastest consolidated code of practice for enforement weighing can be obtained from the Vehicle Inspectorate office.

VEHICLE MOUNTED WEIGHING SYSTEMS

If you're considering buying a truck mounted weighing system you need to ask the following questions of the supplier:

• Can the system be tailored to suit an individual vehicle or operation?
• Can it be transferred from one truck to another?
• Does it offer accuracy to within 50kg?
• Is it simple to operate?
• Does it offer robust, reliable fitment?
• Does the system come with a tailor made warranty?
• Is it quick and easy to install?
• Does the system come with a nationwide aftersales and service backup?
• Will it allow your drivers to load safely?
• Does it allow you to ensure you're not losing money by underloading?

BULK MATERIALS WEIGHTS & MEASURES GUIDE

The information in the bulk weights & measures table has been supplied by the Road Haulage Association.