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FTA drafts overloading defence
Page 28
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• Following further discussions with the DoE on the problems of goods vehicle weighing and overloading the Freight Transport Association has put a suggested form of words for an extension to Section 26 (4) of the Road Safety Act 1967 to the Minister for Transport Industries.
The extension is designed to produce a defence in those cases where one or more axles of a goods vehicle are found to be overloaded by not more than 10 per cent, where there is no overload in terms of gross weight. In relation to axles plated to carry 10 tons or more, FTA has suggested that a figure of 5 per cent should be substituted; the principle of a 5 per cent overload is already accepted and established by virtue of Section 26 (4) (b) of the Act.
The Association's suggested wording for a new Section 26 (4) (c) of the Act is: ". .. it shall be a defence to prove that in a case where the maximum axle weight or weights specified in the plating certificate relating to the vehicle, or, where no such certificate has been issued, in the plate issued in respect of that vehicle by its manufacturer by virtue of regulations made under Section 64 (I) of the Road Traffic Act 1960, as amended by Section 51 of and Schedule 4 to the Road Traffic Act 1962 and as extended by Section 8 of the Road Safety Act 1967, is not exceeded by more than 10 per cent of its value, or five per cent of its value in the case of an axle whose maximum permitted weight is 10 tons or a weight in excess of 10 tons.
"Provided that in such a case the tyres fitted to that vehicle must nevertheless continue to comply in all respects with the requirements of any regulations made under Section 64 (1) of the 1960 Act, amended as aforesaid."