jimti:
The thing to do is go to the nearest weighbridge when you leave the yard, get it weighed then go back to the yard with the ticket and get the excess taken off…After a week or two of doing that, they might work out that the truck isn’t such a
'grand little wagon that!!..
they can’t sack you for that, and if you do loose your job, you will have the weigh bills to prove the reason they got rid of you was because you wouldn’t run bent!
If they do sack you, you can take them to an employment tribuneral and I can guarantee you’d win as they cannot sack you for refusing to break the law and carrying out a task you’re expected to. The amount you could win could be equivalent to a year or more wages.
If they do sack you, you can take them to an employment tribuneral and I can guarantee you’d win as they cannot sack you for refusing to break the law and carrying out a task you’re expected to. The amount you could win could be equivalent to a year or more wages.
Got that T shirt…you’ll get the equivalent to what you would get redundancy, so depends on length of service etc
Armagedon:
All very good replies but you should all try and remember for future use.1tonne or 5% whichever is the least PLUS as proven in a case against Northern Irish Dukes,a tolerance +/- of 150k’s per axle to contend with the accuracy of the weighbridge which should always be in favour of the operator.Which actually makes the actual weight limit of a 40ton artic on 5 axles 41,750.The tolerance became law as Vosa did not contest the result given by the magistrate and if any of you get in trouble I still have the press cutting.Suppose that makes a 44ton artic weight limit 45,900.
That aint the case anymore. In more recent times consignees and operators are now responsible for overloads as well as the driver.
Used to make me laugh outside Smithfield market in Manchester, some of the vans and wagons leaving there on their asses to get the tug over the road by the Police and Vosa, weighed on the chocs then told to unload the surplus and return for it empty or take a fine,
The thing is there was no surplus to collect because the Clayton massive were usually out in force doing their own midnight shopping
Got a shock recently when on a weighbridge, said 8140kgs!! I drive a 7.5 ton ‘puddle-jumper’, big old hi-ab behind cab and was loaded with usual stuff (mini diggers, small plant etc).
Told TM, he said aleady asked boss, but won’t upgrade to ‘fit for purpose’ vehicle, nothing wrong with what that. His hands are tied he says.
I can’t afford to leave, (mortgage, wife, kids etc). Boss doesn’t care if I do, plenty out there to replace me!
Advice please, where do I stand, now I’ve read this post. Been kept in dark about the ’ you’re allowed 10% ’ rule…
7.5 tonner with hiab yer payload must only be couple of ton and a half…loaded with plant must have have been a 3ton digger and yer tools for that weight…get yer boss to uprate to 10ton then no probs…can be easy done on standard truck and 17.5 wheels…
jimti:
The thing to do is go to the nearest weighbridge when you leave the yard, get it weighed then go back to the yard with the ticket and get the excess taken off…After a week or two of doing that, they might work out that the truck isn’t such a
'grand little wagon that!!..
they can’t sack you for that, and if you do loose your job, you will have the weigh bills to prove the reason they got rid of you was because you wouldn’t run bent!
If they do sack you, you can take them to an employment tribuneral and I can guarantee you’d win as they cannot sack you for refusing to break the law and carrying out a task you’re expected to. The amount you could win could be equivalent to a year or more wages.
Been doing this job 3 years now, it was an off chance that I went on a weighbridge. Couldn’t belive it! Talk about treat like a mushroom, kept in dark, fed on…!! !!
All this time since jumping in wagon on my first day back in 2006 'ish, I’ve been running BENT almost every day!!!
The big question he’ll ask is ’ why were you on a weighbridge, and not doing your delivery■■?’
Talking of ‘taking off excess’ to bring weight down?? It’s small machines / plant etc, (rollers, dumpers, mini diggers etc) I carry, so I don’t think even putting the buckets on a trailer will help
if youve got the licence put a trailer on…stick the roller and water butts on it…just be sure trailer is plated correctly and all yer lights work…once had a cargo that was gvw 5000kg but gtw 7500kg it was 3500kg empty…2ton on the back am already half a ton over…and 3500kg ifor on the back another ton over…get it right for yer own sake…
Get yourself on a weighbridge empty to work out your unladen weight, it’s the only way you can calculate your payload. All plant should have a CE plate with the weight stamped on it but this does not include the weight of attachments such as breakers, buckets and even quickhitches. Fuel too for that matter.
Even the fuel in your own tank will alter your capacity.
If you are caught driving an overloaded vehicle you are guilty of an offence, even if it is less than 5% over and just gets you a warning. Overloading is an absolute offence to which you cannot plead not guilty. You can plead guilty and throw in some mitigating circumstances in hope of a more lenient punishment. In your case it would make no difference because you have told the boss etc, if it tips the scales too heavy you are guilty, end of.
Ah, have to disagree. You can plead not guilty in any circumstances if you wish to and indeed it’s well worth trying in Scotland as the chances of it getting past the Fiscal are relatively low and even if he takes it, I’ve seen not guilty accepted on a 10 ton (48 on a 38 tonner) overload with no particular mitigation. Fixed penalties have solved this issue to a large extent, assuming you accept one instead of choosing court.
If you are caught driving an overloaded vehicle you are guilty of an offence, even if it is less than 5% over and just gets you a warning. Overloading is an absolute offence to which you cannot plead not guilty. You can plead guilty and throw in some mitigating circumstances in hope of a more lenient punishment. In your case it would make no difference because you have told the boss etc, if it tips the scales too heavy you are guilty, end of.
Ah, have to disagree. You can plead not guilty in any circumstances if you wish to and indeed it’s well worth trying in Scotland as the chances of it getting past the Fiscal are relatively low and even if he takes it, I’ve seen not guilty accepted on a 10 ton (48 on a 38 tonner) overload with no particular mitigation. Fixed penalties have solved this issue to a large extent, assuming you accept one instead of choosing court.
Scottish law, you have to dispair sometimes.
What would be the fixed penalties?? DD or DR etc?? That would then affect my own car insurance, wouldn’t it??
I did CPC training recently teacher gave us written handout with vosa “guidelines” he said genuine anything up to 10% no penalty up to 15% £60 fx pen . i find it hard to belive myself wouldnt like to test it at 47990 T !!!
JFC999:
I did CPC training recently teacher gave us written handout with vosa “guidelines” he said genuine anything up to 10% no penalty up to 15% £60 fx pen . i find it hard to belive myself wouldnt like to test it at 47990 T !!!
toowise:
There was a guy at RHM in Manchester a couple of years ago delivering wheat. (not me I hasten to add we just collect the wheatfeed,…honest)
He had to drop the trailer on the weighbridge due to being too heavy for the 50 tonne rated bridge
Weight of trailer on its own was 46tonne
I used to work for a animal feed compounder. Considering the size of the bags of Wheatfeed (or Sharps) as it used to be known, I’d hate to see the size of the trailer if it weighed 46 tonnes full of Wheatfeed.
An “absolute offence” is not one to which you cannot plead Not Guilty (that option is always open to you for any offence). An “absolute offence” is simply one that requires no mental intent to do something wrong - e.g. speeding, drink/driving, driving with bald tyres. All the prosecution has to do is prove that you were driving and that the vehicle was overloaded - they don’t have to prove that you knew it was overloaded, or that you intended to do it. Many Road Traffic matters are “absolute offences”, but you can still plead Not Guilty to them!
toowise:
There was a guy at RHM in Manchester a couple of years ago delivering wheat. (not me I hasten to add we just collect the wheatfeed,…honest)
He had to drop the trailer on the weighbridge due to being too heavy for the 50 tonne rated bridge
Weight of trailer on its own was 46tonne
I used to work for a animal feed compounder. Considering the size of the bags of Wheatfeed (or Sharps) as it used to be known, I’d hate to see the size of the trailer if it weighed 46 tonnes full of Wheatfeed.
Ha
Thought I might have been there on the same day, but it was Allied, I was at. They made him wait all day before they let him drop the trailer, they didn’t want to let him leave the site, as they would, knowingly, be letting him onto the highway overloaded.
Oh and Wheatfeed/Sharps is a byproduct of Wheat, and very light unless pelletted.
with no particular mitigation. Fixed penalties have solved this issue to a large extent, assuming you accept one instead of choosing court.