Caught overweight with 7.5T truck

[Ian Podmore]

Firstly it wasn't me, but one the engineers that works for me.

Driver was in a hired 7.5T truck, using it for work to help with moving workshop stuff when we moved back in February. He / they didn't pay any attention to the weight capacity of the truck and were caught 1.28T over the 7.5T allowed.

Driver has now been sent notice of magistrates hearing for October. Is is best just to plead guilty (which he obviously was) and not turn up, or can the fine be reduced by taking legal advice and putting your case on the day?

Edit to add that the company has got the same summons as well!

[shaun]

Were you aware of the unladen weight of the lorry.  I've got a 7.5 tonne horse lorry, and to be honest never really thought about the weight until it had it's first plating.  Still can't remember the exact weight but in the region of about 5 tonnes which means that I have a 2.5 tonne capacity.  The lorry will has room for upto 4 horses, which calculations says 600kg per horse I should be OK, but saying that have never weighed the lorry with the horses in.

Very difficult call and unfortunate.

[Bananaman]

I guess, write letter, hold hands up, say sorry, explain genuine mistake, will never happen againg, etc..........grovel. grovel, grovel........

[stevio]

I'm afraid he 'aint got a leg to stand on, magistrates will tell you that, as the operator, you should be fully aware of the capacity of the vehicle and the weight of the goods being loaded into it. It will be in the hire companies terms and conditions too.......  Unlucky

[Bob Green]

Ian

17% overweight..... just plead guilty.

Shaun

My experience of unladen, fully fitted 7.5 tonne horse box is the front axle weight is generally right on the limit.  Add horses and it will put the front axle overweight.  It may be an idea to have the front and rear axles checked on a weighbridge for peace of mind.

[Mark Mason]

Ian,

As Bob states you were 17% overweight, there is not really any defence you could use to defend this.

The engineer will probably be fined less than the company.

[budmikem]

Firstly it wasn't me, but one the engineers that works for me.

Driver was in a hired 7.5T truck, using it for work to help with moving workshop stuff when we moved back in February. He / they didn't pay any attention to the weight capacity of the truck and were caught 1.28T over the 7.5T allowed.

Driver has now been sent notice of magistrates hearing for October. Is is best just to plead guilty (which he obviously was) and not turn up, or can the fine be reduced by taking legal advice and putting your case on the day?

Edit to add that the company has got the same summons as well!

First question.....do you have an operators licence ?

If yes....life is bad as VOSA will be on your case

If no.....life is very bad as VOSA will want to know 'why not'? and be on your case even more.

I have 3 x 7.5 t dropsides and they are a bl**** nightmare, and been done on 'over weight' but only 10% on front axle.

Court....driver will be fined and company will be fined. [budget £800 to £1000]

If you have an Operators licence

write to them and explain the 'over weight' issue if court has found you guilty. Explain new instructions to drivers to ensure it doesnt happen again.

Expect a visit from VOSA [from tomorrow to 12 months time]..... will want to see your tachographs / maintenance records [pass on to hirer] / daily inspection checks by driver / faults put right from defects from daily insepctions.

Driver training and instructions etc.

Get it in place now...otherwise you get a 'public enquiry' into your Operators licence....In Cheshire we come under Leeds Traffic Commissioner Mrs Bell....she makes Anne Robinson look like Luppy Lu...... never had the p*** taken out of me so much !!!! Then you get sent on O licence courses and regular inspections from VOSA.

After many years of grief, we just let 2 or 3 guys drive our 7.5t wagons....people like the Yorkies but not the responsiblity of ensuring its all legal.

Mike

[Impney]

Good advice given above. 17% over will be viewed as taking the p***, so plead guilty and learn from the experience.

[mark.anson]

Good advice given above. 17% over will be viewed as taking the p***, so plead guilty and learn from the experience.

I agree on this occasion. In future it is worth bearing mind the reply the driver gives when he is stopped.

There would be a defence if he "was on route to the weigh bridge at the time".

This is dependant on a number of factors though eg whether there is a weighbridge within a reasonable distance of your place of departure, or indeed if it is on route.

Just one for the future.

Mark

[PhilH]

I was done in 1990 in a 3.5t merc.No taco etc but was still nailed £250 for the company-£250 for me + £80 court costs.I was only 8% over!.That was 15 years ago so i guess your fine will be sizable.Seems crazy when Drink and dangerous driving offences attract lesser fines.Swallow hard and pay up i guess.

Good job it wasnt invoved in an accident then you would be in S---.

Phil

[Ian Podmore]

Many thanks for the replies. Much as I thought. We are not a freight company, the wagon was just being used for moving kit from old premises to new..... Lesson learnt by the driver, who still does not know what the capacity was for goods....

Oh well.

[cidersurfer]

Ian

I'd probably take some advice on this if I were you. We have recently had problems in work (construction company - lots of materials to move) and it has been deemed necessary for us to hold an Operators Licence as we are moving items 'connected with any trade or business'. This was related to hiring vehicles and fortunately we were tipped off by one of the companies we hire from. VOSA give some guidelines here.

Best of luck