Not sure about first offence being a warning.
My first offence cost 1800 quid and that was in 1990. Actually I got off light.
I was the operator and my fine was £1000.
It was the driver who got done 600 quid plus court costs which I paid as well.
WildGoose:
First off thanks for all the advice folks, its appreciated, I intend to pop into the Hanson weighbridge this week to ask about the calibration certificate.In my best John Mcenroe ‘you cannot be serious’ you mean to tell me that you had 122 stone, that’s your normal load plus an extra 12 10 stone people in you wagon and you were supprised when found to be overweight
No idea
, I am young enough to work in metric. Also don’t remember mentioning I was surprised, at any point in my original post, but thanks for the sarcasm
You can be liable for points if the overloading is thought to make the vehicle dangerous to drive.What Rikki said is true you should not have said anything when interviwed under caution without taking legal advice first.
Definately true, I wish I had neglected to give an interview now, but whats done is done.
also a bit worrying
was the fact you took no notice of the way the leaf springs whereMr Plod mentioned this and you said he was talking zb
dunno what he said
but on little trucks the giveaway is the way the springs are sittingIt wasn’t Mr plod, it was the chap from trading standards. Plod said very little for the whole ordeal apart from checking my licence and defect report.
The guy was trying to tell me, that unladen, or safely laden, a trucks leaf springs will curve downwards, i.e. a smiley face type affair. Then when overloaded they will curve the opposite way, a dead giveaway in his words.
I happened to have studied such things in my previous job so was quite confident to point out to him that he was talking nonsense. Leaf springs vary in design, there are dozens of variables across manufacturer and vehicle, so a sweeping generalisation such as his, was due to be corrected, before he tried spouting it to the next unfortunate he came across.
If anyone can tell the difference in how a leaf spring looks when supporting 7.5t or 8.3t then you are a better man than I, clearly.
in my less experienced, ‘doesn’t matter it will be ok’ days
Yes, think i’ve just passed through that stage, nothing like being caught out to drag you swiftly back down to earth with a bump.
Ultimately, I took out the load that was allocated to me, it was all laid out on pallets in the yard I simply forklifted it on. The boss thought it was ok, so naturally so did I. Not a mistake I will be making again, but those of you who have been there will probably remember how easy it is to be blasé about weight.
I’ll try and update back here when I hear something.
OK 
780kg’s that’s 10 78kg hotties 
with bodies for baywatch and faces for crimewatch 
One of my drivers 3 yrs ago was caught overloaded in wakefield by trading standards who issued him with all the paperwork cautions etc.
I phoned my transport solicitor who advised me to throw away any paperwork they send you and you will be fine. I did this and never heard anything more.
Apparently the trick is to not admit liability, and there is nothing they can do.
I was caught back in november 2007 1.35 tonnes over on a five axle artic by vosa. I was cautioned and told it would be up to his guvnor if i got done.He also said i would not get any points.February 2008 i got a letter to say i had got off with a warning because it was a first offence.However if i get caught again they will definitley do me. I thought that axle weights had to be measured on a dynamic axle weigher so you could have an argument on the grounds the axle weights were done on a plate bridge.That said, axle weight overloads normally end up in prosecution.
sorry to hear that mate but im off the opinion that while there is a straw to clutch at then clutch it if yer know what Imean…worst case scenario is a big fine and maybe points …Hey worse things happen at sea learn from it and move on 
how would you know you were overweight on one axle, without the use of a weighbridge? I know you can look at the plate for mgw on any axle but is there any way of finding out the weight of each axle unladen? and say for example on an 18 tonne 2 axle rigid, where would the split be between the weight going on the front axles and the back axle be… obviously around the middle of the wagon somewhere…? how is the best way of telling?
This is where, if you are a member of a union, you pick up the phone and get a free solicitor who is experienced in traffic law.
Did you load it or did you pick it up from work at the start of your shift, make sure you go to court and make your exscuse take the fine and give it to your boss he loaded it not you, and what did they say at work
Hi I went over the same weighbridge last week and it is a long way out!! 
Go and ask for a copy of the calibration cert.
Just a quick update, heading for 3 months since this event, and not heard a dicky bird…yet.
I’ll post up again if any further details are heard.
Or not…
Court summons through the post this morning at work ‘vs the company’, so had a bad feeling all day and sure enough one was waiting on my doorstep when I got home.
West Berks Vs Me
What they are saying;
-
Gross weight exceeded (7500kg) actual gross weight 8280kg. CONTARY to reg 80(1)(b) of the Road Vehicles Regulations (Construction and Use) 1986 as amended blah blah.
-
Axle 2 weight exceeded (4800kg) actual Axle 2 weight 5540kg. CONTARY to reg 80(1)(b) of the Road Vehicles Regulations (Construction and Use) 1986 as amended blah blah.
They have enclosed a copy of my interview under caution which doesn’t do me any favours, as is not quite what I remember saying, he has quoted me, but there is a nice spin on it.
Also a copy of his weighbridge calibration form is in there, performed by himself the day before (conveniantly enough). It’s a form from the council themselves “West Berkshire Trading Standards Dept. Test Form”, I assume this will hold weight despite how it may look, as he also writes that he is qualified tester of weights and measures etc. Apparently he makes the weighbridge within tolerances.
I assume they are confident on its ability to weigh individual axles as well otherwise would not have bothered trying to do me for that as well. Its a Precia Molen. Type ‘Lucid’ whatever that means. I have notice numbers and serial numbers for it as well.
I am not in a union. Thus have no access to free legal as far as I know. Also not a rich man (If I was, I wouldn’t be in this mess in the first place, as with most rich people).
I can think of little in the way of excuses apart from the fact that the bales I was carrying, can vary so dramatically in weight etc. Short of going to a weighbridge everytime, I cannot know the exact weight I am carrying. I’m sure they won’t care though.
Would very much appreciate any further advice from anyone, at this time.
Go to court, stick a pencil in each nostril, say “wibble” a lot. Job sorted.
To be honest, we have all said our piece and from our various experiences have all paid dearly for overloading offences. At this point a solicitor wont do you much good IMHO.
I dont think arguing about the calibration or the dates it was carried out, (conveniently in your words) will do you any favours, just put a clean shirt on and a decent suit and look sorry for yourself
Just hope the magistrates are reasonable, you dont get points for overloading but you will have to tell the TC if you have or apply for an HGV licence.
WildGoose:
Right, not a great day.Was pulled over earlier by a traffic car coming off a roundabout, as in his words “I looked a bit heavy”.
Unfortunately, he had two guys from West Berks trading standards in the car with him, and he said he would have to take me to a weighbridge.
They weighed the gross, and both axles, was found to be 780kg overweight on the gross, and 740kg on the rear axle. In a 7.5t.
Was interviewed under caution in the back of the cop car at the weighbridge, much to the interest of a line of Hanson franchisee’s, the truck was prohibited then subsequently released again when they decided it best to ■■■■■■ me back to the yard as it was close, rather than clog up Hansons weighbridge area waiting for another truck.
Did the drive of shame at 30mph back down the road to the yard, was given a form and told I would hear from them after report has been submitted, and those on high make a decision as regards how to proceed, and off they went.
Unfortunately can’t complain about how I was treated, as apart from a condecending lecture about which way leaf springs bend laden and unladen(he was talking ■■■■■■■■, and I corrected his statement, but never mind) they were quite polite overall, I have definately come across a lot worse.
The traffic cop didn’t say a great deal for most of the time, he took an interest in in a blown brake light, but once he saw I actually did the defect report and had everything defected that needed to be, he laid off a bit. Nothing to see here.
So anyway, any advice please on the best and worst I could expect.
Am I looking at a large fine, if so, what region?
Points? How many?
Court summons…
Ban…
Execution…etc
Why would we possibly want to do this for a living.
Save the lectures about how I should know exactly how much weight im carrying for another day, when I feel up to defending myself. I have no excuses, but with what I carry, its definately not as cut and dried as the trading standards guys would like to make out, nor is it realistic to take 2 hours out of everyday to drive to the nearest public weighbridge.Thanks folks.
The purpose of the notice of intended prosecution (NIP) is to inform the potential defendant that he may be prosecuted for the offence he has committed, whilst the incident is still fresh in his memory.
When you receive an NIP it does not automatically mean that you are going to face prosecution, it is a warning that you may face prosecution.
The NIP must be served within 14 days of the offence otherwise the offence cannot proceed at court. If the details of the driver are not known then it is sent to the registered keeper. So long as the registered keeper is sent it within the time limit the notice is valid. If the registered keeper has changed address/not informed DVLA etc., as long as the NIP was posted to arrive within 14 days, it is still valid. The registered keeper then has an obligation to identify the driver.
The driver, may then receive further paperwork in due course, but that is not to be confused with the document that is legally required to be sent within the 14 days.
NIPs can also be issued verbally to the driver at the time of the offence or alternatively you could receive a court summons through the post for the alleged offence within the 14 days.
Small mistakes on the notice do not render it ineffective unless it would mislead the potential defendant.
The posted NIP is deemed to be served until the contrary is shown. There is a presumption that it arrived, however it is possible for a potential defendant or other witness to satisfy the court (on the balance of probabilities) that neither s/he (nor the registered keeper where applicable) received the notice.
from Police national legal database