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Overloading law says...

3rd June 1999, Page 30
3rd June 1999
Page 30
Page 30, 3rd June 1999 — Overloading law says...
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Which of the following most accurately describes the problem?

• It is an offence to use, cause or permit the use of a vehicle which is overloaded. If you are charged with "using" the vehicle, the offence is absolute. The prosecution simply has to show that the vehicle was overloaded and that it was being driven by you or a by driver employed by you.

If you are charged with "causing", the prosecution has to show you actually ordered the driver to drive the vehicle in an overloaded condition.

If you are charged with "permitting", the prosecution has to show you allowed the vehicle to go on a road recklessly— not caring if it was overloaded or nat.

The prosecution usually brings charges of "using", because that is the easiest way to obtain a conviction.

You can be prosecuted if any of the weights shown on the plating certificate are exceeded, and if more than one of the weights shown is exceeded you can be prosecuted for multiple offences.

Consider a three-axle tractor pulling a threeaxle trailer. There are as many as nine offences which can be committed, involving the axle/ compensating axle, gross weight on the tractive unit, and train weight.

Each offence carries a maximum fine of £5,000, although it is rare for fines of that level to be Imposed. Evidence is frequently provided by a dynamic-axle weighbridge, which can provide a printout of each individual axle and enable the gross and train weights and compensating axles to be calculated.

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