Set up a quality system now and save trouble later
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These are the matters which should be considered in any quality system to minimise or, one hopes, prevent overloading. Have a precise documented system which is available to all drivers, supervisors and traffic managers, written in clear English and easily understood.
Give your drivers specific written instructions as to what your expectations are.
Wherever possible, obtain a weigh ticket. Instruct the driver to weigh the front and also the rear axles. That will give a broad indication as to whether the vehicle is evenly loaded. Make sure the permitted train, gross and axle weights are prominently displayed for the drivers' convenience.
Identify the vehicles which are particularly prone to axle/gross overloads, eg two-axle rigids plated at 17 tonnes; two-axle tractive units at 38 tonnes; and two-axle trailers. Direct your drivers' attention specifically to problems relating to these vehicles.
Make sure you discuss loading with customers if it takes place at their premises. Look at ways to avoid uneven distribution, eg putting pallets at the front of a 17tonne box van.
Discuss with customers how to calculate weights of loads, and have your own quality control checks.
Most important of all, instruct your drivers to check-weigh a significant proportion of your loads. Keep the results so that they are available if any investigation is made by the VI or the police. Finally, encourage regular discussions with drivers and traffic clerks to identify problem areas. Overloadings often occur because drivers cannot be bothered to do a check weigh, or because traffic clerks instruct them not to for various reasons. If a weighbridge is available at a dock, you will have little sympathy from a court or the VI if your vehicle is overloaded after it leaves and you say you relied on CMR or other documentation.
If you set up, follow and document a quality system to avoid overloading, then if you are prosecuted the chances of obtaining an absolute discharge are far greater.
WHAT'S YOUR DEFENCE?
." There are only two defences provided by law. The first is that the vehicle was proceeding to the nearest available weighbridge to the place where it was loaded in order to be weighed; the second is that it was proceeding from such a weighbridge after weighing to the nearest point where it was reasonably practicable to reduce the weight without obstructing the road.
The Act is interpreted strictly. It means the nearest available weighbridge to the loading point, even if that is in the opposite direction from the vehicle's normal route.
The second defence applies only where the weight was exceeded by less than 5%. In such cases you have a defence if you can show the vehicle was within its permitted weights when it was loaded and that since then no person has made any addition to the load.
For practical purposes the latter defence is somewhat academic, since the prosecution will rarely, if ever, prosecute for an offence which is within 5%.
The final defence is that the vehicle was not overloaded at all. The prosecution has to prove its case beyond reasonable doubt and if you can introduce a measure of doubt you may be acquitted. The prospect of a defence will be greatly improved if you follow the quality control procedures discussed elsewhere in this bulletin.