7.5 t lorry load question
Options
Comments
-
barbiedoll wrote: »Wow, that escalated quickly! Thanks for all replies.
My husband works for a haulage company, he carries pretty much the same load, to the same place, every night. Usually in the same lorry.
A few nights ago, his load was substantially increased. He refused to carry it without knowing the exact weight, he is well aware that he would lose his license if he is overloaded.
The OP came from a (quite heated) discussion in his office about how to work out the full load capacity. There were several differences of opinion about how to work this out.
In the end, they got a HGV to carry the increased load and he was sent to a different location that night.
Thanks anyway to all who contributed to the thread, even if it has gone off track somewhat!
No he wouldn't as the offence of exceeding the plated weight doesn't carry points.0 -
Something like £1000 for the driver and £3000 for the company.Censorship Reigns Supreme in Troll City...0
-
Warwick_Hunt wrote: »No he wouldn't as the offence of exceeding the plated weight doesn't carry points.
That's beside the point.
Convictions for overloading are reportable to the Traffic Commissioner and can be used as grounds to revoke, or refuse renewal of, vocational licences by showing the guilty criminal to be unfit to hold one. "My boss said it was ok" isn't a defence.
Depending on the extent of the overloading (we don't know) and any other circumstances (eg: discovered as a result of an accident) that may be more or less likely as an outcome.0 -
However, either the OP has an O license in which case they should know or if they are doing a private move, the hire company should have that information.
Is an O license required for private use? For example someone hiring the vehicle from a hire company to do their own removal (assuming their have the correct endorsement on their driving licence) or a heavy horsebox again for private use?0 -
Joe_Horner wrote: »That's beside the point.
Convictions for overloading are reportable to the Traffic Commissioner and can be used as grounds to revoke, or refuse renewal of, vocational licences by showing the guilty criminal to be unfit to hold one. "My boss said it was ok" isn't a defence.
Depending on the extent of the overloading (we don't know) and any other circumstances (eg: discovered as a result of an accident) that may be more or less likely as an outcome.
Exactly, if stopped by the police 1-5% is only a warning. 6-10% is a non endorsable ticket. Over that and it's straight to court.0 -
Warwick_Hunt wrote: »Exactly, if stopped by the police 1-5% is only a warning. 6-10% is a non endorsable ticket. Over that and it's straight to court.
yes, but even a non-endorsable FP goes on the driver's record and can be grounds for the Traffic Commissioner to refuse renewal of a vocational licence.
The only defences are
(1) if you're on your way to the nearest (from where you loaded) weighbridge, or
(2) if the vehicle wasn't overloaded when you started the journey and the cargo has increased its weight while you were driving without having any extra load added.0 -
Joe_Horner wrote: »yes, but even a non-endorsable FP goes on the driver's record and can be grounds for the Traffic Commissioner to refuse renewal of a vocational licence.
The only defences are
(1) if you're on your way to the nearest (from where you loaded) weighbridge, or
(2) if the vehicle wasn't overloaded when you started the journey and the cargo has increased its weight while you were driving without having any extra load added.
So where is the non endorsable ticket recorded?0 -
Warwick_Hunt wrote: »So where is the non endorsable ticket recorded?
It's recorded exactly the same way that any ticket issued by the police is recorded - just because there's no licence endorsement doesn't mean they don't keep a note of it y'know!
But more than that, if the police deem it appropriate in all the circumstances, they can refer it to the Traffic Commissioner for the area as a question of fitness to drive vocationally. His options (up to and including licence revocation) are entirely separate from the DVLA points scheme.0 -
Joe_Horner wrote: »It's recorded exactly the same way that any ticket issued by the police is recorded - just because there's no licence endorsement doesn't mean they don't keep a note of it y'know!
But more than that, if the police deem it appropriate in all the circumstances, they can refer it to the Traffic Commissioner for the area as a question of fitness to drive vocationally. His options (up to and including licence revocation) are entirely separate from the DVLA points scheme.
With a non endorsable ticket nothing is recoded against the driver number/licence.
They won't inform the traffic commissioner if a ticket is issued.0 -
Warwick_Hunt wrote: »With a non endorsable ticket nothing is recoded against the driver number/licence.
They won't inform the traffic commissioner if a ticket is issued.
You're right.
It's not the police but the holder of the relevant operator's licence (so normally their employer) who'll report it to the commissioner. Because they have to as part of their O Licence conditions:Police Officers and DVSA officials also have the power to issue graduated fixed penalties ranging from £100 to £300 for an overloading offence. Whilst the responsibility for paying the fixed penalty rests with the driver, his or her employer will, as with the case of convictions, be obliged to report the offence to the Office of the Traffic Commissioner within 28 days of the date of the Fixed Penalty Notice.
...
Remember, as a professional driver, regardless of whether the matter goes to court, you can be called to a driver conduct hearing before the Traffic Commissioner to explain why you were overloaded. Because the Traffic Commissioner has the power to suspend or even revoke your licence, it is always sensible to seek early expert advice.
http://www.smithbowyerclarke.co.uk/vehicle-overloading-offences/0
This discussion has been closed.
Categories
- All Categories
- 343.2K Banking & Borrowing
- 250.1K Reduce Debt & Boost Income
- 449.7K Spending & Discounts
- 235.3K Work, Benefits & Business
- 608K Mortgages, Homes & Bills
- 173.1K Life & Family
- 247.9K Travel & Transport
- 1.5M Hobbies & Leisure
- 15.9K Discuss & Feedback
- 15.1K Coronavirus Support Boards