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over loaded vehicle fine


eddoakley
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Was transporting some materials to site in London a few weeks back in a hired Luton van.

Whilst driving down the m4 from Wales I was stopped and vehicle weighed.

It turns out that although the van was not "packed to the rafters" and looked fine that in fact it weighed in excess of the stated maximum.

I was told that the tolerance is 5% above the plated total weight and that the vehicle I was driving was 6.2% above.

I was issued with a fine (which I have paid) and sent on my way.

 

Can someone explain this?

Surely if the vehicle was dangerous (this after all is the reason for the weight limit) then how can I just be allowed to continue?

What purpose has the fine served?

 

I paid it because I am too busy to go to court/argue over the amount but the principle just seems wrong.

 

Anyone able to explain?

 

Edd

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What purpose has the fine served ? Well, maybe you won't do it again, or you'll think about the amount of weight loaded on the vehicle in future.

 

Would you have preferred it if plod had issued you a prohibition notice until the excess weight was removed ? If so, then next time I'd suggest you advise them of such.

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Look at it another way. If the limit was set at levels that were genuinely dangerous, and you were 1% under, that would hardly make it a perfectly safe weight. There's always a tolerance built in to it and that's beyond the 5% that you're allowed for inaccuracy of weighing. There's probably a limit at which they would stop you from going on and you just got very lucky to be under that. Fine and a ticking off seems like a reasonable, perhaps even lenient response, and showing some sense of understanding, something we're all asking for!

 

How much more hell would you be raising if you'd been prevented from continuing because of 1.2%...

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Its not easy to judge to be fair. What you were caught out by might be the difference between a full and an empty tank.

 

As CharleT said, your vehicle was not dangerous, that's another matter and a different fine, It was merely over the weight it was licenced for

Edited by Vince Green
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See your point , wots the point them saying its over weight this to me says it's un safe for the road

I had a check point pull me over few years back had a new people carrier factory fitted windows , road side coppers said it was against the law to drive on the road due to the front windscreen having a tinted top 6 inch built in the window the sides were to dark they said factory fitted , I said would it pass an MOT yes they said then you can't stop me driving yes we can they said , I refused to hand over the keys and insisted they had some one else here to discuss this , they took me into the road side cabin and gave me a producer had to have the windows changed on drivers and front passenger side changed even though it would pass an MOT

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I think most of you have missed my point.

I couldn't really be bothered with arguing the fine. It would cost more that the £100 to argue it.

But how can it achieve anything to tell me I am committing an offence and then send me on my way to do the same thing?!?!?!

 

"You are driving whilst under the influence."

"Sorry officer. What next?"

"Well give me some money and be on your way"

 

I'm not disputing the fine or the tolerance. If the vehicle was over the allowed weight then so be it. The same as if I had been speeding.

But speeding results in points on your licence as a reminder to obey the limits.

 

What would happen if I had been stopped a mile down the road and weighed again?

Another fine despite the last officer telling me to carry on?!?!?

 

That's the bit I'm questioning.

 

Edd

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It is a fixed penalty "fine" on a sliding scale. I presume yours was £100.

 

It is for exceeding the vehicle weight, not for a dangerous load. Had your load been considered dangerous you would have received a prohibition notice.

 

Charlie, surely the allowed weight is to ensure safety?

Braking, suspension, handling etc

 

Or have I misunderstood the purpose of the weight limit?

 

Edd

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A few miles down the road you would have used some fuel putting you under the weight 🤔

 

 

Pay up look big don't do it again your a very naughty motorist 😂

 

All the best

Of

Haha. We threw the sandwiches out too so definitely under.

 

Paid the fine as I didn't have the time or inclination to challenge but let's say that a mile down the road I had an accident.....car in front stops but I couldn't "due to excess weight " (the vehicle not me!)

 

Would I be done again even though I had just been told to carry on?

 

Edd

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Haha. We threw the sandwiches out too so definitely under.

 

Paid the fine as I didn't have the time or inclination to challenge but let's say that a mile down the road I had an accident.....car in front stops but I couldn't "due to excess weight " (the vehicle not me!)

 

Would I be done again even though I had just been told to carry on?

 

Edd

If you were that worried why did you carry on?

 

And lucky you didn't get done for littering

 

What would you have preferred them to do ?

 

Fine

Points on licence

And make you unload half your load and wait for another truck

Just a thought

I bet you drove very steady after the pull over

 

All the best

Of

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weight limits on vehicles are mostly set by the country they are running in,years back we had some eight wheel hino tippers they were rated at 40 ton in their own country yet only 32 ton here.and if you look at the labels in the toyota hilux the factory states this vehicle exceeds 3.5 ton towing yet we can only tow 2.8 so its all a bit of a farce really

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The hilux sticker says that in certain circumstances this vehicle will weight over 3.5t and require a tachograph. This isn't the towing weight, take your 2.8t trailer, 1t of ballast on the back and the weight of the truck its self + passengers and fuel, you are probably getting on for 5t!

Edited by kennett
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Again my point is being missed.

Perhaps I will start a new thread with a hypothetical situation.

 

If I was breaking a law which presumably is in place for safety, lets say bald tyres, and I was told to carry on doing it what would happen if there was a serious consequence? If the law being broken caused a collision?

Would I be absolved of responsibility for the bald tyres as they had been inspected by an officer and (despite issuing a fine) allowed me to carry on with no further action required.

Has that officer accepted responsibility for my actions?

 

Edd

Edited by eddoakley
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You were marginally above the permitted weight and the officer appears to have used his discretion. You now appear to be criticising him for using it.

 

If you had gone down the road - crashed into another vehicle - still over the weight, you might cite the fact that the Policeman told you to carry on. He might be in trouble for letting you carry on, but you didn't ignore what he said. You appear to have made no attempt to lighten the load. You took his direction because it suited you. I suspect you would have been in serious trouble in the event of a crash.

 

I understand the point you are attempting to make, but can't see why you carry on. You didn't have the inclination to argue your case in court. From what you have posted - there is no case to argue - you were guilty.

 

As for the officer accepting responsibility for your actions - it's about time that you did.

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I think there will have been some guidelines for the officer to make a discretionary decision.

 

As for the going on your way part, was it" you CAN go now" or you MUST go now, I would think any descision to drive further would be on the driver as they now know about any infringement and i would bet a can of pop it would place you on a slippery slope with insurance.

Edited by Rupert
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As for the officer accepting responsibility for your actions - it's about time that you did.

 

 

I think you will find that by accepting the fine (and paying it) that I accept responsibility.

At no point in proceedings or indeed no point through this thread have I denied that the vehicle was over it's prescribed weight or tried to defend that it was.

I am not and have not disputed that. Thus accepting responsibility.

 

My questions have simply been to try to understand how I could be told that I was breaking the law (even had the officer tell me that the weight limit was to ensure safe stopping distances and handling etc) but to carry on doing it.

Did the £100 fine make the vehicle safe again?

If I had been made to take some weight from the vehicle (about 40kg) then I would understand but to just carry on breaking the law and being a danger as long as I gave them some money seems crazy.

 

Edd

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Again my point is being missed.

Perhaps I will start a new thread with a hypothetical situation.

 

If I was breaking a law which presumably is in place for safety, lets say bald tyres, and I was told to carry on doing it what would happen if there was a serious consequence? If the law being broken caused a collision?

Would I be absolved of responsibility for the bald tyres as they had been inspected by an officer and (despite issuing a fine) allowed me to carry on with no further action required.

Has that officer accepted responsibility for my actions?

 

Edd

I see your point

 

If your that bothered why did you carry on ?

What do you think the officer should have done ?

 

Personally think you got of light

 

All the best

Of

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Again my point is being missed.

Perhaps I will start a new thread with a hypothetical situation.

 

If I was breaking a law which presumably is in place for safety, lets say bald tyres, and I was told to carry on doing it what would happen if there was a serious consequence? If the law being broken caused a collision?

Would I be absolved of responsibility for the bald tyres as they had been inspected by an officer and (despite issuing a fine) allowed me to carry on with no further action required.

Has that officer accepted responsibility for my actions?

 

Edd

Eddy,not sure what you were driving so best way for me to explain is to give an example

We'll use a MAN 8.163 as an example, 'plated' to fit into the UK's licensing laws at 7500kgs gross, yet the manufactures weight plaque states 8000kgs gross weight. (The designation 8.163= 8 ton 163 horse power)

And yet if you combine both max front and rear axle weights they will come to more than 8000kg, 8800kgs comes to mind.

So the vehicle is still safe at a small percentage over weight, just out of balance with the UK specific licensing law.

So for the vehicle you were driving although you were over weight for the uk licensing and tax laws, you were still under weight for the 'designed' weight and therefore safe, but breaking rules.

Hope that helps.

Edited by Paul223
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My questions have simply been to try to understand how I could be told that I was breaking the law (even had the officer tell me that the weight limit was to ensure safe stopping distances and handling etc) but to carry on doing it.

Did the £100 fine make the vehicle safe again?

If I had been made to take some weight from the vehicle (about 40kg) then I would understand but to just carry on breaking the law and being a danger as long as I gave them some money seems crazy.

 

Edd

 

Simply because the law states it is an offense to drive an overloaded vehicle on the road.

The penalties for doing, depending on how much the vehicle was overloaded, range from a sliding scale of fixed penalty notices through to delayed or immediate prohibition notices.

 

You, being under 10% overloaded fell within the lowest category and were therefore dealt with by means of a £100 fixed penalty notice. The police/DVSA obviously looked kindly on you and followed the DVSA sanctions policy by not issuing you with a prohibition notice.

 

However, at this stage you will have been aware that you had committed an offense and any sensible person would have realized that to continue the journey overloaded could result in you being pulled over again for the same offense.

 

By not issuing you with a prohibition notice and therefore by default, allowing you on your way was not carte blanch authority to continue your journey and thus continue to break the law. Rather, it allowed you to move to somewhere close and convenient to correct the overload.

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This is not quite as simple as some people would have you think as I have never seen a guage in a van that tells you how much you have put in the van so for most people it is going to be down to guessing unless you work for a company that has a way bridge or there is one handy so I would have thought it is down to put on what you think is ok and hope for the best.

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