I found this here on a german webside…and i tried to translate it with google…i hope it will be ok
Minimum axle 500 euros for 360 kilograms
The Switzerland demanded heavy fines for too low a minimum axle load. In penalizing in Europe there different rules.
It is known that there are linguistic differences with our neighbors in Switzerland: The Swiss order in the pub sometimes a bar (beer) and take the motorbike (motorcycle). A driver of a transport company from Wuppertal believed in a traffic stop in the canton Uri at first only to a language barrier, as the breach of the adhesion controller he was accused.
520 franc fine
“Our tractor had 7200 kg hanging clothes loaded from Tunisia”, the transport operator over its reporting date. "For the Swiss weight control a total weight in our 40-ton train weighed 26 tons. Our drivers were then pressed 520 francs fine, on the grounds that would be the ten-ton drive axle by 369 kg, so 6.9 percent , untergewichtig.Dies would a new Swiss law of January 2014. " At least three times a month driving the truck the company Textiles from Tunis via Genoa and through Switzerland to Wuppertal - the boss wants clarification.
Adhesion weight of at least 25 percent
According to Wikipedia, is meant by the adhesion at about transport by road, the road holding of (rubber) tires. In Switzerland, however, requires the adhesion controller, with how much weight the axles of a vehicle must be loaded. An inquiry at the Swiss Commercial Vehicle Association Astag confirms this. Here Article 67 of the Swiss Road Traffic Regulations (VRV) applies: paragraph 4 prescribes a minimal adhesion weight of at least 25 percent of the operating weight on the driving axles.
Weight on driving axles not less than 25 percent of the total weight
Also according to the EU Directive 96/53 / EC in 1996, Annex I, paragraph 4.1., May in vehicles that are used in cross-border traffic, the weight of the on or the drive axles is not less than 25 percent of the gross vehicle weight be vehicle or vehicle combination. The reported traffic law expert Daniela Mielchen from Hamburg.
Member States have discretion in EU Directive
But now the crux: “Basically, it is up to the individual Member States, as they implement EU Directives - there is therefore in the implementation of policies a certain degree of discretion.” Germany had the requirements of the EU Directive for compliance with the minimum load on the drive axle in the cross-border traffic in § 34 para. 8 implemented StVZO (German Road Traffic Licensing Regulations).
“It was not deemed necessary, the provision to extend to national, national transport,” says the lawyer. “For this reason, the German authorities are not interested in the prosecution and punishment of such violations, which is why the provision has found no way into the current Verwarn- and Bußgeldkatalog.”
Fines can be levied
By referring to “the cross-border traffic” is, however, ensure that other EU Member States - depending on the implementation of the Directive - can certainly collect fines. “Preferably, Switzerland as a non-EU country and Austria have made use thereof”, Mielchen reports from their legal practice. “The main motive of the scheme is to exploit the engine power of the vehicles properly, especially in mountainous terrain, which is why the drop below the minimum load on the drive axle is proven fine there.”
So what prescribed in Germany, but is not punished for a violation, can be an expensive crime in Switzerland: 200 francs for the shortfall of Adhäsionsgewichtes, 220 francs administration fee, 100 francs for the technology - making a total of 520 francs, or by today Stand over 480 euros which the company had to shell out from Wuppertal.
High fines in France, Belgium and the Netherlands
According Mielchen arise primarily in respect of violations of driving and rest periods within the EU are considerable differences in the imposition of fines. Compared to Germany, especially the fines in France, Belgium and the Netherlands are very high.
The entrepreneur from the case described is certainly outraged and missing any proportionality of the Swiss authorities, “undercharging of just 360 kilograms - that’s when the weight but as a drop in a teacup.” The driver did not have to pay a deposit on site and an objection was not possible.
“Even if the truck driver does not agree with the fine, must often nevertheless a deposit or security deposit,” says lawyer Mielchen.
Deposit can be very high
The deposit shall determined taking into account the process costs still to be incurred and could thus fail in some cases very high. And it goes even further: According Mielchen may even be confiscated in the event of non-performance of the deposit of the truck, which costs more causal. These are also non-refundable, so the vehicle will ultimately be foreclosed, the difference is subsequently paid to the vehicle owner. "Anyone who thinks that in Germany the fines and penalties for traffic sins are high, overlooks the fact that many EU countries (and in addition also to Switzerland mainly) collect significantly more. Drivers should therefore reflect on the special rules in road transport of the respective inform the country. "
The axle weight
Switzerland: Art. 67 para 4 Swiss Road Traffic Regulations (VRV).:
In vehicles or combinations of vehicles the maximum can 40 km / h exceed the weight on the driving axles must be at least 25 percent of the operating weight amount (minimum adhesion weight)
Art. 73 para 1 VRV.:
The charge must be located so that the steering axles carry at least 20 per cent of the operating weight and the focus is on Central achsanhängern front of the axle.
Germany: German Road Traffic Licensing Regulations (StVZO)
§ 34 axle load and total weight:
Para. (8) For trucks, articulated vehicles and trucks trains which may weigh on the driving axle or the cross-border traffic is not less than 25 percent of the total weight of the vehicle or of the vehicle combination.