The 1650 kg or 3.75 per cent on the train weight on a single occasion is probably not going to get Mr VOSA or Plod very excited. Multiple offences are probably going to invoke a different reaction.
The 2200kg or 20.95 per cent is going to cause lots of fun at the weighbridge. The limit for a drive axle when the train weight is 44 000kg is 10 500kg, doesn’t matter that the plate says 11 500kg, the Legislation says that to run at 44 000kg you must have 6 axles, 3 on drawing unit, 3 on trailer. Drive axle and trailer axles must have road friendly suspension, wheelbase must be 8.0 metres and Euro 2 or above motor. Also drive axle cannot exceed 10 500 kg. The maximum fine for (any) overload is £ 5000. Expect to pay a goodly amount of that for a 21 per cent on a drive axle, even if it is a first offence and you plead guilty. Overloaded drive axles cause more damage to the road surface than any other axle, gross or train overload.
The only defence to an overload is that you were going from loading point to nearest available weighbridge, or from weighbridge to nearest suitable place to unload excess having found vehicle to be overloaded. That doesn’t necessarily mean that you return to the place you loaded. The nearest available weighbridge may be in entirely the opposite direction to your destination. Any other points are mitigation not a defence. The weight on your delivery notes is mitigation, you, the driver, still have the responsibility to ensure you use the vehicle within the permitted weights.
VOSA have put out a number of press releases detailing their use of ANPR (automatic Number Plate Recognition) and WIMS (Weigh In Motion Sensors). Basically these systems are installed on major roads and motorways. They are capable of accurately weighing an HGV whilst it is travelling at Motorway speeds. At present, it appears that vehicles are then stopped and examined. It’s not rocket science to think that the system could run entirely automatically 24/7.
You do not commit a tax offence if you exceed the plated weight, assuming your vehicle is plated at the maximum. However, you may find your insurance is invalid, dependant upon the wording of the policy.
The vehicle operator will face charges of ‘use’ an overloaded vehicle. The consignor may well face charges of ‘permit’ or ‘cause’ but the Prosecutor would have to prove ‘Mens Rea’ or guilty knowledge, which isn’t easy for them to do.
geebee45
thats interesting wot u say about 3 axle units,that the drive axle can only be 10500kg,i work for big company with own scales,the memo they gave us on the different units for weights on axles etc…they say that the front axle 7100kg,tag axle 7100kg drive axle 11500kg r u saying the company is potentially sending us out overloaded on the drive axle & were can i find that in official writing,would be great to tell them i cant take it, its over loaded on the drive axle
jako:
geebee45
thats interesting wot u say about 3 axle units,that the drive axle can only be 10500kg,i work for big company with own scales,the memo they gave us on the different units for weights on axles etc…they say that the front axle 7100kg,tag axle 7100kg drive axle 11500kg r u saying the company is potentially sending us out overloaded on the drive axle & were can i find that in official writing,would be great to tell them i cant take it, its over loaded on the drive axle
Check the plate inside the passenger door. It will tell you your axle weight limits.
thats interesting wot u say about 3 axle units,that the drive axle can only be 10500kg,i work for big company with own scales,the memo they gave us on the different units for weights on axles etc…they say that the front axle 7100kg,tag axle 7100kg drive axle 11500kg r u saying the company is potentially sending us out overloaded on the drive axle & were can i find that in official writing
Short answer, yes, if the vehicle is plated to run at 44 tonnes train. The actual Regulation you want is; Road Vehicles (Authorised Weights) 1998 as modifies by Statutory Instrument 3224 / 2002. Schedule 2 gives ‘weights not to be exceeded in any circumstances.’ If you take a 6 axle combination (with a train weight of 44 000kg) out with a drive axle at 11500 kg, you overload the permitted weight of the drive axle by 1 tonne or 9.52 per cent, contrary to Regulation 4(1)(b). Expect trouble from Mr Police or VOSA or Trading Standards.
Rob K said;
Check the plate inside the passenger door. It will tell you your axle weight limits.
Not in this case. The axle weight shown on the plate is the maximum permitted by Reg 4(1)(c). However, the previously mentioned 4(1)(b) overrides in the case where the train wt is permitted to be 44 000kg. Who said that life was easy
Go and look at the post and video link for the BBC program ‘Real Story’…on truck drivers
Personally if u went to prison i would ■■■■■■■ love it…try and be as gobby in there …
What u have to really consider…is not just getting pi(u)nched… but what if u have an accident…if the insurance company pulls out…anyone injured ain’t going to get compensated…properly as they should do…if they do…it’ll be a chase
Go and look at the post and video link for the BBC program ‘Real Story’…on truck drivers
Personally if u went to prison i would [zb] love it…try and be as gobby in there …
What u have to really consider…is not just getting pi(u)nched… but what if u have an accident…if the insurance company pulls out…anyone injured ain’t going to get compensated…properly as they should do…if they do…it’ll be a chase
Que? this is one of the few occaisions when Rob was not being ‘gobby’, his original post simply stated what was happening and asked for our thoughts, or have I missed something?
Never underestimate the female mind…
They are very organised…
A list of numbered swear words together with all the birthdays , xmas’s , valentines and anniversarys you missed…
