Your driver has been stopped by the DVSA because the vehicle exceeded its weight limit. What steps should you take?
The most important first step is to deal appropriately with the immediate situation. Arrangements should therefore be made to ensure that any weight prohibition issued is lifted so that the vehicle and load can be moved. This may mean re-arranging the load within the vehicle (if the issue is one of load distribution and only affects a particular axle) or sending a relief vehicle to collect some of the load.
Based on the above conditions, if feasible, the entire load—either as a whole, if rearranged on the same vehicle or in separate parts if some are picked up by a backup vehicle—should be directed to another weighbridge. This ensures the operator maintains an independent record of the load's weight.
Depending on the extent to which the vehicle is overloaded, the driver may also be issued a fixed penalty notice and, in more severe cases, the DVSA officer may wish to interview the driver under caution. While it is ultimately a decision for the driver, they should be aware that any DVSA interview is voluntary, and it is worth being legally represented if they do choose to attend an interview.
A comprehensive investigation must then follow to establish how the vehicle came to be overloaded (if that point is agreed) and who, if anyone, is responsible. Appropriate action (including re-training, disciplinary proceedings or a review of loading and securing systems) should then be taken where necessary. Complete records of this investigation should also be kept, and where a fixed penalty is issued, a decision needs to be made about whether to accept it.
In the more serious cases, a prosecution may follow. If the amount of excess weight passes certain thresholds (20% for vehicles with a GVW of over 12 tonnes, 25% for vehicles under 12 tonnes), then a call-up to Public Inquiry is likely. At the very least, a full DVSA enforcement visit will be authorised, so operators should ensure that all their compliance systems are up to scratch and fit for purpose.
Operators also need to remember that the issue of a fixed penalty needs to be notified to the Traffic Commissioner within 28 days.
Call us on 0333 567 1966 to discuss how we can help you on your journey to compliance or contact us here.
