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Q One of my articulated vehicles was checked on the road
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and when it was weighed it was found to be 8cwt overweight on the second axle. However, the driver was returning to his base with a back load which he had picked up at the original destination. The load was put on the vehicle by the employees of the consignor using a fork-lift truck and my driver could not have known of the overweight. Both he and I are to be prosecuted, but does not the fault lie with the people who loaded the vehicle?
We are a small company manufacturing exhibition stands and TV scenery. To carry our product we have a couple of 10-ton vehicles which we have used only in the UK till now. There is a prospect of our vehicles going to Germany to deliver scenery shortly. Will we need a journey permit ?
Only in France is a permit required for the carriage of exhibition material or props for TV and radio shows. Authorities in Germany, Holland, Luxembourg and Belgium do not require journey permits for such freight. The French permit is not counted in the permit "quota," however, and you should have no difficulty in obtaining this from the International Road Freight Office of the DoE, 36/42 Low Friar Street, Newcastle upon Tyne.
A This is a matter which crops up continually. The onus to ensure that a vehicle is not overloaded lies with the driver and vehicle operator. Section 40(5)(b) of the Road Traffic Act 1972 states that a person who uses a motor vehicle on a road in contravention of the maxi mum weight regulations or causes or permits a vehicle to be so used is guilty of an offence.
The offence of using is usually attributed to the driver and that of causing or permitting to the operator or owner of the vehicle. It is a good defence for the operator to prove that he has forbidden his drivers to overload the vehicle and that he has reminded him of this at frequent intervals. Obviously, if the vehicle was loaded away from the home depot, the operator could not have known of the overload and could not, therefore, either have caused or permitted the vehicle to be used in those circumstances.
The driver has, however, no such defence. There is really no alternative than for drivers in sucn circumstances to inquire the way to the nearest weighbridge and take their vehicle there if they wish to be sure that it is not overloaded.