Overloading

It is a requirement of The Road Traffic Act 1988 that vehicle users ensure that the vehicles which they drive vehicles are not overloaded. In the event that a vehicle is found to be overloaded then both the driver and operator could be prosecuted or cautioned.

keepmedriving can assist you, whether you are the driver or the owner or hirer of the vehicle that was overloaded and you should waste no time in getting in touch with us so that we can help you to take the appropriate steps. There are a number of defences which can be pleaded – including that at the time when the vehicle was being used on the road it was in fact going to the nearest available weighbridge to be weighed or was returning from a weighbridge after being weighed to the nearest practicable point at which the weight could be reduced.

It is worth bearing in mind that you will be in breach of the law if:

• the load which you are carrying is heavier than your vehicle is designed to hold, or
• the load is uneven causing one or more of the axles to have to bear too much weight.

and that the penalties which can be imposed are far from trivial.

The law imposes fines of up to £5,000 for each offence – and that can be in respect of each overloaded axle plus the total overloading as well. What is more, if your vehicle is dangerously overloaded then, even if you are only the driver, you could still face a charge of Dangerous Driving which could result in prison sentence for up to two years.

You should be aware that it is not just the employer and/or the owner of the vehicle who may be liable. There is every possibility that if an overload is detected the driver will be prosecuted and may end up with 3 penalty points on his or her driver’s licence. It is also worth bearing in mind that the offences under the Road Traffic Act 1988 provide that anyone driving a vehicle which is overloaded commits an absolute offence. This means that an offence is committed even if the driver or owner was not aware of the overloading. Be aware also that refusing to allow your vehicle to be weighed and therefore obstructing an officer will also carry a maximum fine of £5,000.

For more information, or to speak to one of our solicitors, please contact keepmedriving either by completing the appropriate online information form which you will find in the Getting Help section, by requesting a free, no obligation call-back using the call-back form to the right or by phoning us during office hours on 084 4804 4804

keepmedriving can also assist you should the overloading have led to the committing of other offences, for example where as a result of the overloading someone has been killed. In these circumstances both the driver and the employer could face charges of manslaughter or death by dangerous driving. You should contact keepmedrivingimmediately if this is the case on 0115 986 3636 so that we can provide you with the appropriate preliminary advice.