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Overloaded vehicles are less stable, difficult to steer and often the cause of fatal accidents. CM looks at how to ensure that you and your drivers remain vigilant Words: Vikki Wood fine When applying for an operator's licence, one of the most important pages of the application form is a list of undertakings that must be signed and agreed to. But these undertakings are often forgotten about once the operator is up and running, bogged down by the huge amounts of compliance and actually trying to stay afloat in this industry.
One of the undertakings of the 0-licence is to ensure that vehicles and trailers are not overloaded. Aside from the obvious dangers of overloading, it is also a criminal offence — both the operator and the driver can be held responsible.
Overloading offences are generally identified by enforcement agencies at roadside checks. With an increasing sophistication in the technology used to identify overloaded vehicles, operators and drivers need to be ever more vigilant if they are to avoid a penalty.
Targeting checks Drivers of goods vehicles can be targeted by a variety of different weighing methods, including full-size weighbridges, portable weight pads, static axle weighbridges and dynamic axle weighbridges. Dynamic (or rolling) weigh bridges can operate without even having to stop the vehicle.
Equipped with these devices, enforcement authorities are able to determine the gross/train weight of the vehicle as well as the weights on each individual axle.
Possible penalties If a vehicle is found to be overloaded, both the driver and the operator could be prosecuted or cautioned. The legislation imposes fines of up to £5,000 for each offence: possibly including each overloaded axle, plus any overloading of the total weight. So one incident of overloading could result in multiple summonses.
The reality is that most offences of overloading will now be dealt with via the graduated fixed penalty (GFP) system in line with Vosa's enforcement policy. The GFP system allows offenders to be penalised for certain specified offences without being convicted in court, saving time as well as resources of enforcement officers and the courts.
The rationale behind the system is that it imposes fines that are graduated according to the level of offending. In regards to overloading, it is directly linked to the percentage of overload in relation to the maximum permitted weight — axle, gross or train.
Consequences for drivers In conjunction with those powers given to Vosa officers under the GFP system, officers are required to act in accordance with the Vosa enforcement policy, which provides the following guidance where a driver is found to have committed an offence of overloading.
However, where there are multiple overload offences only one prohibition notice will be issued and one fixed penalty notice. There is a common misconception that these offences can be endorseable (points on driving licence), but they are not.
Following the receipt of a GFP, drivers have a number of options. They may: accept and pay the fine; request to take the matter to court within 28 days of issue; issue a complaint through the Vosa complaint process; or fail to respond and be registered with the courts as an unpaid fine, incurring a statutory 50% increase.
Effect on operators Where a driver is issued with a fixed penalty notice, operators cannot assume that this is the end of the matter and ignore any further investigation.
Where a vehicle is found to be more than 30% above the permitted weight, or if over five tonnes on axle, gross or train,Vosa's enforcement policy dictates that officers will conduct further enquiries into the operator before deciding upon an appropriate course of action. In most cases, this will be a referral to the regional intelligence unit and could prompt operator visits and/or traffic commissioner (TC) involvement.
The implications go back to the 0-licence through the requirement to notify the TC of any relevant convictions, both on an application and throughout the life of the licence. This notification requirement includes fixed penalties in relation to a company's employee, which includes those in relation to overloading offences. Not only can this prejudice any new licence application being made, but it will inevitably affect an Operator Compliance Risk Score, which, in turn, results in enforcement being targeted towards an operator's vehicles.
Allowed defences The Road Traffic Act does, however, set out two defences to an offence of overloading, which both drivers and operators should be aware of. The first defence arises when the vehicle is proceeding to the nearest available weighbridge or was proceeding from a weighbridge to the nearest point at which it was reasonably practicable to reduce the weight to the relevant limit.
The second defence arises where the limit of that weight was not exceeded by more than 5%, and was not exceeded at the time when the loading of the vehicle was originally completed with no subsequent additions having been made.
Wider legal implications The implications of driving overloaded vehicles are not just limited to those mentioned above. If a vehicle is dangerously overloaded, the driver could potentially face a charge of dangerous driving. Operators and drivers alike should also be aware of those duties owed under the Health and Safety at Work Act to both employees and members of wider public.
In the most serious cases, operators may even be liable for prosecution for corporate manslaughter if there are systematic gross failings in regard to loads, or if an overloaded vehicle is involved in a person's death and the overload was a contributory factor to the fatality. • • For further information contact Vikki Woodfine, associate and head of road haulage and logistics at DWF LLP on 0161 603 5060.
PAYING THE PRICE OF OVERLOADING Overload If 5% or less In all cases over 5% a prohibition notice will be issued plus a fixed penalty of: More than 5% or more than one tonne on axle, gross or train (if less than 5%) More than 10% to 15% More than 15% to 30% More than 30% or if over five tonnes on axle, gross or train (if under 30%) 9■1• Action Verbal warning £60 £120 £200 Prosecution HOW TO AVOID OVERLOADING In order to ensure that vehicles are never overloaded, operators and drivers should: • Know the weights of the vehicles — all vehicles should be weighed when empty to determine both the total load and individual axle weights. This will then allow the appropriate load weights to be determined.
• Distribute loads effectively — so as to avoid overloading individual axles, the load should be reassessed during the course of any deliveries.
• Check weight before setting out — either use your own or a public weighbridge to check the weight.
• Be vigilant —the operator and driver hold responsibility for vehicle loads, not the customer.
Ill II fl SiSVFIS.SIflS • Makes a vehicle less stable, difficult to steer and increases braking distances, with potentially fatal consequences.
• Causes excessive strain on the vehicle, particularly on tyres, which will quickly overheat, wear rapidly and potentially fail.
• Increases fuel consumption — although it may appear to be more costefficient, the increased fuel consumption due to a heavy load will inevitably drive up costs.
• Voids insurance cover — overloading vehicles is a criminal offence and so insurance companies may deny policy coverage in the event of a crash.