How serious is this case of overloading?
Discussion
I'm 1 week into a new job with a friendly family run construction firm. Really enjoying every aspect other than the relaxed attitude to the law, the family in question are having trouble letting go of their farming roots I'm told 
My main gripe is as the only worker with a B+E licence I've been bestowed the dubious honour of towing the 360 excavator to local job sites. This consists of a 2011 Ford Ranger (max towing capacity 3000kg) a tri axle 3500kg flatbed trailer (830kg unladen) and a 3040kg machine with an extra 60 kg bucket and a generous helping of mud most days.
You don't need to be a mathematical genius to see the multiple infractions here, I initially reluctantly agreed to just 'tow it round the corner' but the jobs have been getting further and further afield and in the interests of making a good impression I haven't complained very loudly until now, perhaps shooting myself in the foot.
I see there is a graduated penalty system in place for overloading, but I'm just wondering if anyone can give me an idea of what kind of punishment I'd be looking at for pulling approx 4 ton of trailer with a 3 ton rated pickup?
My main gripe is as the only worker with a B+E licence I've been bestowed the dubious honour of towing the 360 excavator to local job sites. This consists of a 2011 Ford Ranger (max towing capacity 3000kg) a tri axle 3500kg flatbed trailer (830kg unladen) and a 3040kg machine with an extra 60 kg bucket and a generous helping of mud most days.
You don't need to be a mathematical genius to see the multiple infractions here, I initially reluctantly agreed to just 'tow it round the corner' but the jobs have been getting further and further afield and in the interests of making a good impression I haven't complained very loudly until now, perhaps shooting myself in the foot.
I see there is a graduated penalty system in place for overloading, but I'm just wondering if anyone can give me an idea of what kind of punishment I'd be looking at for pulling approx 4 ton of trailer with a 3 ton rated pickup?
Don't know about the penalty but the way I would look at it is if I were involved in an accident and knew the vehicle was operated illegally how would I feel about that. Sorry if that sounds a bit OTT but having been an o licence holder for over 20 years I have a zero tolerance approach to this sort of thing.
It sounds like you know the right answer.
It sounds like you know the right answer.
You're both absolutely correct, I'm just trying to educate myself enough to lay out the potential trouble myself (and the company) could be in if the worst happens, or if I get a tug by a knowledgeable traffic officer or the DVSA. I've already made up my mind that I'm going to refuse to carry on towing this combination, bit I'd welcome any suggestions for legal solutions to the problem. As far as I can see it's buy a 2.8 ton machine that can be pulled on a 700kg unladen 3500 kg gross plant trailer behind a suitable vehicle, or put one of us through our class 1 (C+E?) so it can be towed behind the 7.5 ton tipper we've got, but that would need a bigger trailer still I'm assuming. Can you get a 4 ton trailer for such an application? Or are you into fifth wheel/air brake territory then?
Its pretty serious; the trailer and load is too heavy for the vehicle (and that's assuming the trailer is braked, if its not then its worse), they should have a tachograph fitted and an O licence.
A policeman might not realise these things and people seem to get away with this type of thing. However as the previous poster said, you could get into a lot of trouble.
A policeman might not realise these things and people seem to get away with this type of thing. However as the previous poster said, you could get into a lot of trouble.
I’ll just leave this here..... https://www.bbc.co.uk/news/uk-england-38774080
DVSA fine scales for overloading start at +5%. Below that theyll tell you off. Mud that can fall off a 360 will get you stopped by anyone who sees you. Unless you kill someone, the people instructing you to carry the loads will not end up in court with you, and even then they will lie and cheat and do everything that they can to leave you carrying all of the blame.
Get a better job.
Get a better job.
3.3 Excess weight offences
When a fixed penalty notice or conditional offer is issued for an excess weight offence, the examiner will also prevent the vehicle going any further.
This is to:
stop an overweight vehicle being used on the road
preserve road safety
A fixed penalty is the preferred option for dealing with excess weight offences unless:
the offence is too serious
the maximum number of penalty notices would be exceeded
The table below shows the current graduated penalty levels for excess weight matters.
Severity---------------------------------------Endorsable-----Fixed penalty amount
Less than 10%------------------------------No----------------£100
10% up to but not including 15%----No----------------£200
15% and over-------------------------------No----------------£300
A £100 penalty will be given for a 0% to 9.99% overload, but DVSA examiners will allow a 5% leeway before issuing a fixed penalty or prohibition, unless the relevant weight has been exceeded by 1 tonne or more.
Normally, a fixed penalty would be inappropriate for serious cases of overloading - for example when the vehicle is overloaded by 30% and over, or the excess weight is 5 tonnes - so a court summons would be issued instead.
If the excess weight and the way the load is carried is having a significant effect on road safety - for example, serious instability or loss of control, these other offences will mean a court summons, with the excess weight being part of the offence/s.
When a fixed penalty notice or conditional offer is issued for an excess weight offence, the examiner will also prevent the vehicle going any further.
This is to:
stop an overweight vehicle being used on the road
preserve road safety
A fixed penalty is the preferred option for dealing with excess weight offences unless:
the offence is too serious
the maximum number of penalty notices would be exceeded
The table below shows the current graduated penalty levels for excess weight matters.
Severity---------------------------------------Endorsable-----Fixed penalty amount
Less than 10%------------------------------No----------------£100
10% up to but not including 15%----No----------------£200
15% and over-------------------------------No----------------£300
A £100 penalty will be given for a 0% to 9.99% overload, but DVSA examiners will allow a 5% leeway before issuing a fixed penalty or prohibition, unless the relevant weight has been exceeded by 1 tonne or more.
Normally, a fixed penalty would be inappropriate for serious cases of overloading - for example when the vehicle is overloaded by 30% and over, or the excess weight is 5 tonnes - so a court summons would be issued instead.
If the excess weight and the way the load is carried is having a significant effect on road safety - for example, serious instability or loss of control, these other offences will mean a court summons, with the excess weight being part of the offence/s.
Out of interest, what constitutes overweight? Obviously if the train weight is exceeded, and I'm guessing the MAM of the trailer too?
What about if it was lower than the maximum train weight, the trailer MAM was not exceeded, but the maximum trailer weight (as per the tow vehicle VIN) was exceeded?
What about if it was lower than the maximum train weight, the trailer MAM was not exceeded, but the maximum trailer weight (as per the tow vehicle VIN) was exceeded?
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