Nothing official
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In Johnny Johnson's article on weight checks in the port of Newhaven (CM, Nov 12) he states that the criterion which this Department and County Consumer Protection Departments are applying is that the driver will be cautioned at 5 per cent axle or vehicle overload, and at 10 per cent overload the driver and employer will be prosecuted (but this will apply only on public roads).
The Department has often made clear that there are no such official allowances. If the axle or vehicle exceeds legal construction and use limits, an offence has been committed under Section 40(5) of the Road Traffic Act 1972. The subsequent action is at the discretion of the examiner, depending on the circumstances of the case. F. D. S. SCOTT-MALDEN, Road Freight Division, Department of the Environment, London SW1.