So I had a trailer last night which scaled at just under 45 tonne. Tells bloke in office - Mr. Been-Driving-40-Years-Stuck-In-The-Drifts-On-Shap-etc and he says “be reet, you’re allowed 5% over”. “I don’t think so”. “No, you’ll be fine, we do it all the time”. “Which specific rule in the book states that then?”. “No idea, always been the way since the 70s and it’s been that way ever since”. Like a true so-called professional driver I took it anyway as it was only going up the road but my internal BS detector siren was going off quite loudly in my head.
So what is the verdict from our resident VOSA members? In a situation where the driver can’t reasonably have known what the actual weight was before taking it, up to what amount over would VOSA wave you through on with a warning and what would have them park you up til you removed the excess?
Are you there Bryan? Can’t remember your username.
5% is a margin that they CAN if they want give. You can get done for just being 100kg over, if the depot has no weigh bridge you are allowed to drive to the nearest weighbridge to check the weight of the vehicle.
This happened to one of my drivers at Leatherhead and I spoke to the VOSA on the phone and this is what he told me.
For example, if your vehicle is found to be exceeding its maximum permitted axle weight, the following penalties would apply:
5 to 10 per cent over weight - £60 fine
10 to 15 per cent over weight - £120 fine
15 to 30 per cent over weight - £200 fine
So I could scale at 57200 on a 44 tonner and receive a £200 fine which I then pass to company to pay, done and dusted, rinse and repeat.
Anyway interesting to know that the worst that could’ve happened was a £60 fine, which again, I would have just given to the company to pay. No way I’m paying for their ■■■■ ups. And as suspected, the “you’re allowed 5% over” is indeed an urban myth .
Rob K:
Anyway interesting to know that the worst that could’ve happened was a £60 fine, which again, I would have just given to the company to pay. No way I’m paying for their [zb] ups. And as suspected, the “you’re allowed 5% over” is indeed an urban myth .
The company would have no obligation to pay your fine,you were quite happy to knowingly break the law and take an overloaded vehicle on to the highway.As an experienced driver your attitude is appalling.
For example, if your vehicle is found to be exceeding its maximum permitted axle weight, the following penalties would apply:
5 to 10 per cent over weight - £60 fine
10 to 15 per cent over weight - £120 fine
15 to 30 per cent over weight - £200 fine
And as suspected, the “you’re allowed 5% over” is indeed an urban myth .
I dunno, that link doesn’t mention any fine at all for “0 to 5 per cent over weight” so perhaps you would just get a slapped wrist for it? That said I don’t fancy trying it out by pulling into a VOSA weighbridge at 46tons…
According to my Eos CPC book the 1988 Road Traffic act allows two defences for overloading. The first is the vehicle is on it’s way from the place of loading to a weigh-bridge. The second is that the vehicle was not over-loaded at the time of loading but has gained no more than 5% in transit (due to rain or ice for example. Hay hauliers must have that happen a bit.)
The 5% ‘grace’ they give people is purely discretionary as far as I understand, like the ACPO guidelines for speeding. I bet if they found out Mr-know-it-all was intentionally sending out wagons over-loaded they’d be taking action because he’s taking the ■■■■.
Biscuits:
According to my Eos CPC book the 1988 Road Traffic act allows two defences for overloading. The first is the vehicle is on it’s way from the place of loading to a weigh-bridge. The second is that the vehicle was not over-loaded at the time of loading but has gained no more than 5% in transit (due to rain or ice for example. Hay hauliers must have that happen a bit.)
The 5% ‘grace’ they give people is purely discretionary as far as I understand, like the ACPO guidelines for speeding. I bet if they found out Mr-know-it-all was intentionally sending out wagons over-loaded they’d be taking action because he’s taking the ■■■■.
A weighbridge audit will find them out anyway if vehicles are regularly weighed out at 45 tonnes or more.
If it is a public weighbridge then complete records must be kept for 2 years for inspection
I was under the impression when I got stopped(I was over by 980kgs) that the officer said it was 5% on the axle weights not the total weight. Anyway long story short all axle weights were ok and he let me go
Rob K:
So I had a trailer last night which scaled at just under 45 tonne. Tells bloke in office - Mr. Been-Driving-40-Years-Stuck-In-The-Drifts-On-Shap-etc and he says “be reet, you’re allowed 5% over”. “I don’t think so”. “No, you’ll be fine, we do it all the time”. “Which specific rule in the book states that then?”. “No idea, always been the way since the 70s and it’s been that way ever since”. Like a true so-called professional driver I took it anyway as it was only going up the road but my internal BS detector siren was going off quite loudly in my head.
So what is the verdict from our resident VOSA members? In a situation where the driver can’t reasonably have known what the actual weight was before taking it, up to what amount over would VOSA wave you through on with a warning and what would have them park you up til you removed the excess?
Are you there Bryan? Can’t remember your username.
I think this is what you are looking for Rob. From this thread a reply to a similar question from Graeme our resident VOSA member.
geebee45:
There is still a 5% tolerance or 1 tonne, whichever is the smaller. So if you’re looking at a 44t artic combination you won’t want to be exceeding 46t and not 46.2t (which is the 5% figure). If you take the drive axle of said artic you don’t want to be going over 11.025t (which is 10.5t + 5%) rather than thinking you’re OK at 11.5t
I think the Bryan you are thinking of was Brian, r slicker, who was VOSA for a while but isn’t now.
The 5% due to rain etc is all well and good if you have a tipper with a net or as some one said hay or straw or say turf on a flatbed but you might struggle to pull that stroke with a curtainsider or fridge.
As Neil has basically answered the question for me, all that remains is for me to add that if you have a weighbridge ticket showing that the combination was just under 45 tonnes you may have problems. Yes there is a 5% up to a max of 1 tonne tolerance on weighing. That tolerance applies to any weight limit; axle, gross or train. However, overloading is an ‘absolute offence.’ If you had evidence to show that the vehicle was significantly overloaded before you set off I think you, as the driver and the operator may have a few problems, especially if this is shown to be a regular event.
An extra point for the operator to bear in mind. One of the specific undertakings on the application form for an O-licence is that the vehicles will not be used in an overloaded condition. Some years ago a council was prosecuted for using overloaded bin wagons. They lost the O-licence at PI as it was shown that apart from the six specimen charges, over a three month period there were hundreds of overloads recorded at the landfill weighbridge.
geebee45:
As Neil has basically answered the question for me, all that remains is for me to add that if you have a weighbridge ticket showing that the combination was just under 45 tonnes you may have problems. Yes there is a 5% up to a max of 1 tonne tolerance on weighing. That tolerance applies to any weight limit; axle, gross or train. However, overloading is an ‘absolute offence.’ If you had evidence to show that the vehicle was significantly overloaded before you set off I think you, as the driver and the operator may have a few problems, especially if this is shown to be a regular event.
An extra point for the operator to bear in mind. One of the specific undertakings on the application form for an O-licence is that the vehicles will not be used in an overloaded condition. Some years ago a council was prosecuted for using overloaded bin wagons. They lost the O-licence at PI as it was shown that apart from the six specimen charges, over a three month period there were hundreds of overloads recorded at the landfill weighbridge.
Confused by that bit as it seems to contradict itself unless I’m reading it wrong. You say if it’s 45 t then I “may have problems” but then go on to say that 5% over is fine. Well 5% over means that 46 t is okay in your opinion from your previous sentence, so it can’t be both. How can it be 5% up to a max of 1 t as well, when 5% is 2 t? And where is the official blurb to support what you say please? Although the weight plate had been removed from the truck , I think from past memory that it was just the drive axle that was over at 117… something, the other 5 were all high end 6… something iirc. There’s no print out from the scales at Gildersome anyway, it’s just a digital display readout.
Rob K:
How can it be 5% up to a max of 1 t as well, when 5% is 2 t?
5% or 1t, which ever comes first.
I think geebee45 means if you have a weigh ticket showing 45t then you may have a problem as you knew it was overweight but carried on whereas the 5%/1t thing is a tolerance they would allow when stopping you for a spot check. It doesn’t mean that operators can knowingly and consistently make use of the allowance as the roaster in the office claimed.
Rob K:
How can it be 5% up to a max of 1 t as well, when 5% is 2 t?
5% or 1t, which ever comes first.
So you can be up to 46 t overall, but not more than 5% per axle, is that it? So assuming the drive was 10.5 then I’d be invited to join them at their £60 a throw BBQ as it was 11.7 something?
“I don’t think so”. “No, you’ll be fine, we do it all the time”. “Which specific rule in the book states that then?”. “No idea, always been the way since the 70s and it’s been that way ever since”. Like a true so-called professional driver I took it anyway as it was only going up the road 
How can it be 5% up to a max of 1 t as well, when 5% is 2 t? And where is the official blurb to support what you say please? Although the weight plate had been removed from the truck