All commercial vehicles being used on the highways and byways of the UK have a maximum weight that they are allowed to carry which is usually determined by the type of vehicle and how many axles it has.

The weight limit is there to ensure the safety of road users by ensuring that the loads being carried do not exceed the braking capability or load bearing capacity of the vehicle, but also to minimise the damage caused to the nation’s roads and bridges, as well as ensuring a fair and level playing field for all transport operators.

Who can Ask for a Vehicle to be Weighed?

Any vehicle can be weighed by either a police officer, an authorised office or a highway authority (normally an inspector of weights and measures) as well as an authorised enforcement examiner on behalf of the Department for Transport, normally a DVSA officer.  Any of these officers can request that a vehicle is weighed at any time.  A vehicle on the UK roads may be stopped or directed for the purposes of weighing by a uniformed police officer or an accredited DVSA stopping officer.  An accredited DVSA enforcement Officer can, on production of their authority, direct a stationary vehicle to a weighing site at any time without the need for a police officer to be involved.

If a driver is ‘requested’ to do so, they must comply with “any lawful” instruction given by the authorised officer.  Failure to do so will constitute an offence and may lead to prosecution of the offender.  There are some exceptions to this rule, such as vehicles carrying passengers or livestock, dangerous loads and loads sealed by customs.  A driver should inform the authorised officer at the time of the request if their load falls into such a category, where upon special consideration will be considered.

What will Follow an Overweight Verdict?

If the vehicle is found to be over the permitted weight limit the driver and any other person who “uses, causes or permits” the use of the vehicle in that condition, which may include the consignor may be issued with a fixed penalty notice or reported for prosecution.  A prohibition notice may be issued which would prevent the vehicle from rejoining the UK road network until at least some of the load is removed.

In cases where vehicles operated under operator’s licences are found to be overweight notification to the appropriate Office of the Traffic Commissioner can follow – and is required where the offer of a fixed penalty is issued, or following a conviction -  when further investigations can be undertaken.

What are the Changes to the Code of Practice?

The updated guidance for DVSA examiners and Police officers focuses on weight checks using the following methods:

• Portable weighpads
• Single and multi-plate weighbridges
• Other non-dynamic weighing equipment
• Dynamic axle weighers (including in static mode)

The main areas that have had changes made to them in the code are:

• Updates to the relevant legislation
• Changes to allow authorised enforcement examiners the ability to measure the suitability of a temporary site for weighing vehicles using portable weighpads
• The introduction of self-verification as an option for weighbridge sites

What affect these changes will have on the number of vehicles pulled in for weight testing remains to be seen, but the aim does seem to be to make it easier for both the Police and DVSA to set up weigh stations to enable them to tackle overweight vehicles.

If you would like to read the new updated code, please click here.

If you have had an issue with an overweight vehicle, or if you would like to ensure that your policies and procedures for avoid this type of issue are adequate then call us on 01279 818280 or click here to send us an email.  We are here to help.