Changes to Code of Practice for Enforcement of Weighing of Vehicles
All commercial vehicles being used on the highways and byways of the UK have a maximum weight that they are allowed to carry which is usually determined by the type of vehicle and how many axles it has.
The weight limit is there to ensure the safety of road users by ensuring that the loads being carried do not exceed the braking capability or load bearing capacity of the vehicle, but also to minimise the damage caused to the nation’s roads and bridges, as well as ensuring a fair and level playing field for all transport operators.
Who can Ask for a Vehicle to be Weighed?
Any vehicle can be weighed by either a police officer, an authorised office or a highway authority (normally an inspector of weights and measures) as well as an authorised enforcement examiner on behalf of the Department for Transport, normally a DVSA officer. Any of these officers can request that a vehicle is weighed at any time. A vehicle on the UK roads may be stopped or directed for the purposes of weighing by a uniformed police officer or an accredited DVSA stopping officer. An accredited DVSA enforcement Officer can, on production of their authority, direct a stationary vehicle to a weighing site at any time without the need for a police officer to be involved.
If a driver is ‘requested’ to do so, they must comply with “any lawful” instruction given by the authorised officer. Failure to do so will constitute an offence and may lead to prosecution of the offender. There are some exceptions to this rule, such as vehicles carrying passengers or livestock, dangerous loads and loads sealed by customs. A driver should inform the authorised officer at the time of the request if their load falls into such a category, where upon special consideration will be considered.
What will Follow an Overweight Verdict?
If the vehicle is found to be over the permitted weight limit the driver and any other person who “uses, causes or permits” the use of the vehicle in that condition, which may include the consignor may be issued with a fixed penalty notice or reported for prosecution. A prohibition notice may be issued which would prevent the vehicle from rejoining the UK road network until at least some of the load is removed.
In cases where vehicles operated under operator’s licences are found to be overweight notification to the appropriate Office of the Traffic Commissioner can follow – and is required where the offer of a fixed penalty is issued, or following a conviction - when further investigations can be undertaken.
What are the Changes to the Code of Practice?
The updated guidance for DVSA examiners and Police officers focuses on weight checks using the following methods:
- Portable weighpads
- Single and multi-plate weighbridges
- Other non-dynamic weighing equipment
- Dynamic axle weighers (including in static mode)
The main areas that have had changes made to them in the code are:
- Updates to the relevant legislation
- Changes to allow authorised enforcement examiners the ability to measure the suitability of a temporary site for weighing vehicles using portable weighpads
- The introduction of self-verification as an option for weighbridge sites
What affect these changes will have on the number of vehicles pulled in for weight testing remains to be seen, but the aim does seem to be to make it easier for both the Police and DVSA to set up weigh stations to enable them to tackle overweight vehicles.
If you would like to read the new updated code, please click here.
If you have had an issue with an overweight vehicle, or if you would like to ensure that your policies and procedures for avoid this type of issue are adequate then call us on 01279 818280 or click here to send us an email. We are here to help.
Latest Coach & Bus Industry News and Insight
Road Haulage Association Members and DVSA Leadership Work Shadow Each Other!
To help highlight the Road Haulage Association’s “National Lorry Week” which this year was between 4th and 8th November 2024, the Road Haulage Association and the DVSA’s Leadership team decided to spend some time work shadowing each other….
by Emma Pelly2024 Update to Guide to Maintaining Roadworthiness (GTMR)
The Guide to Maintaining Roadworthiness is the Driver & Vehicle Standard Agency’s (DVSA) standard produced in collaboration with key industry stake holders which explains the responsibilities and systems involved in maintaining vehicles in a roadworthy….
by Emma PellyNew Driver CPC Reforms to be in Force from 3rd December 2024
Following a very lengthy consultation period on this matter launched in early 2023, Parliament finally debated the “Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2024” on Tuesday 29th October 2024…
by Emma PellyWhen Sat Nav’s Lead Lorries Astray!
Lorries getting into trouble and causing chaos in the small country roads of Great Britain have been making headlines again. Whilst a lot of this content is amusing and no doubt is a winner with internet audiences there is a very serious side to these incidents…
by Emma PellyTraffic Commissioners 2023-2024 Report – the Highlights & the Lowlights of the Year
In early October the Traffic Commissioners of Great Britain published their annual report. The report encompasses the purpose of the individual Traffic Commissioners who are independent regulators for the goods vehicle and public service vehicle industries and their professional drivers…
by Emma PellyVehicle Maintenance Data Collected by the DVSA
In a recent ‘blog’ by the DVSA’s Danny Charles the amount and type of data that the DVSA collects was discussed. Some may find it surprising how much data the DVSA holds and makes available to the general public on individual transport businesses…
by Emma PellyMurky Mini-Bus Waters in UK?
There has been reports in the industry news concerning the number of illegal operators of mini bus services who are operating un-hindered by the regulatory enforcement agencies…
by Emma PellyDriver CPC – Changes Coming in 2024 and 2025
The Driver Certificate of Professional Competence (DCPC) was introduced in the UK in 2007, as specified in EU Directive 2003/59/EC for all commercial drivers…
by Emma PellyDriving in the UK? Read about the latest Rule Changes in 2024
Earlier this year various new driving laws were introduced, impacting both standard road users as well as HGV and PSV road users across England, Wales & Scotland. If you are driving in the UK, especially if you are a commercial driver, then you should ensure that you are aware of these amendments and new rules…
by Emma PellyAre You Taking your Responsibilities to Maintain your Vehicles Seriously?
Running a haulage business is not an easy undertaking. There are a multitude of decisions to be made on a daily basis before any driver actually gets behind the wheel and delivers the goods (or passengers!).
by Emma PellyUpdate to the Guide to Registering & Operating Local Bus Services in England & Wales
The Senior Traffic Commissioner’s guide to registering and operating local bus services in England and Wales is intended to help operators of local bus services understand the requirements for registering a service.
by Emma PellyChanges to the HGV & PSV Test Regime for Earned Recognition Operators
In March 2021 the Government began a review into the processes for commercial vehicle testing to look at ways it could improve the regime for operators whilst still maintaining high safety standards for any vehicle used commercially on the UK’s roads.
by Emma Pelly