The following appeared in the 24 February 2005 edition of Motor Transport.
I have been told that it is illegal to operate a laden vehicle with the lift axle in the raised position. Is this correct?
It is a common misconception amongst operators and unfortunately some enforcement officers that a laden vehicle may not operate with the lift axle raised. The truth is that their legality has not yet been tested in the courts.
We take the view that a vehicle may lift an axle with a load being carried provided this does not result in the overall and individual axle weights being exceeded and no hazard is presented on account of the distribution of the load. This does not affect the VED rate for the vehicle,
The Vehicle Excise and Registration Act 1994, Section 62, includes “retractable axle” under the definition of “axle”. No mention is made of this having to be in contact with the ground. Hence an articulated vehicle licensed at 3+3 axles would not be committing an excise offence by running at 3+2 with one axle raised for example.
As a point of interest the amendment to the Authorised Weight Regulations, allowing 44 tonnes for general haulage included a provision to prevent vehicles fitted with lift axles using them raised and inadvertently overloading the remaining axles. New vehicles from January 1, 2002 have had to be fitted with a device which automatically lowers a raised axle once the maximum plated weight is reached on other axles.
Reproduced with the kind permission of Andrew Brown, Motor Transport, and Louisa Bellee, Freight Transport Association’s Member Advice Centre.