Bogie char_ge
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One of our eight wheelers was stopped by police and weighed on a normal weighbridge. I am not sure how they did the weighing but they are saying the rear axle weighed 12,100kg and we have received a summons alleging a contravention of Regulation 80 (1) (a) of the Construction and Use Regulations.
1 have been told that because the rear axles have a compensator it is not possible to prosecute for one axle being overweight. Is that right ?
Yes. Regulation 80(1) -1-1enforces axle and gross weights on Ministry and makers' plates but it commences with a statement that it is subject to paragraph (2) of that Regulation.
Regulation 80 (2) states that where two or more axles are fitted with a compensator, the sum of the weights Shown for them on the plating certificate must not be exceeded.
Because Paragraph (2) takes priority over paragraph (1) and it deals with the axles on a compensated bogie it is not open to police to bring a charge alleging an overload of the single rear axle.
You should defend the charge and ask for costs when it is dismissed.
The police would, in any event, have great difficulty in proving that the way in which they weighed the lorry produced an accurate result.