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Ford transit luton 350 - 90% overload on 1 axle - Azim Riaz

Hello,

I've been summound to court over major overloading under section 40A of the road traffic act 1988.

It was found that the overload percentage was a total 77% across 2 axles and 90% on 1 axle?

The police didnt use their usual fixed penalty scheme fines and refered it to magestrates court.

What are the repercussions? Can you go to jail for overloading? I wasnt aware of my load there was no smoke or bent chassis tyres were a bit heavy and vehicle was a bit slow, but its safer to be slow aint it?

Ford transit luton 350 - 90% overload on 1 axle - RT

Of course the police didn't use their simple fixed penalty scheme - at 77/90% overloading it needs far more than a fixed penalty - to keep within forum rules, I can't express how irresponsible you've been.

Ford transit luton 350 - 90% overload on 1 axle - Andrew-T

OP may be of Asian or Middle-eastern heritage, where such behaviour is everyday normal, if TV news is anything to go by. Probably not uncommon in other countries too.

Ford transit luton 350 - 90% overload on 1 axle - Xileno

A quick search found this:

startups.co.uk/analysis/penalties-for-overloaded-v.../

Ford transit luton 350 - 90% overload on 1 axle - Cris_on_the_gas

That level of overloading will most likely result in a hefty fine. This can be up to £5k for each offence so you are looking at a maximum of £10k.

Who owns the van ? if its a company and you are an employee they will most likely be prosecuted under the MHSWA 1999.

You must have realised that this was not right. You are lucky this did not result in a crash causing death or serious injury. Then you would be looking a long jail sentence and have this on your conscience for life.

Whatever made you think this was safe ?

Ford transit luton 350 - 90% overload on 1 axle - gordonbennet

I see so many vans driven about obviously heavily overloaded and increasing numbers of them being pulled in by the VOSA vehicles.

That must have been a load intended for a 7.5 tonner and not for a van, whatever profiteering was involved here will be undone in short order in court, plus your reg no and name and address will likely appear on the VOSA database, so expect to be pulled over for weighing and inspections in the future.

If you wanted to get an operators licence in the future to be able to use larger vehicles, this will go against your good repute.

For the future i suggest you weigh your vehicle and the axles individually when you have a near enough full legal evenly spread load on board, then on a flat road measure the height between tops of tyres and bodywork and keep a note of it, on vehicles with steel springs this isn't a bad guide but keep in mind the design of your vehicle, if you deliver multi drop from the rear soon as you take something off the load area behind the rear axle some weight will transfer to the front axle, this is a particular issue with Luton vans.

Edited by gordonbennet on 01/02/2023 at 13:16

Ford transit luton 350 - 90% overload on 1 axle - gordonbennet

Coincidence :-), someone else on another forum with another pseudonym is in exactly the same situation, apparently this is the 3rd or 4th time they've been nicked for overloading, learning fast..

Sooner or before the message finally registers they'll be sharing a cell with big Mike, this is not some bandit hell hole country yet despite our govt doing its level best to turn it into one, our commercial traffic enforcement people are far from fools but this doesn't seem to be registering with some, how he's still got the vehicle a licence to drive it and not physically locked up already is a mystery.

Ford transit luton 350 - 90% overload on 1 axle - Middleman

Sooner or before the message finally registers they'll be sharing a cell with big Mike,

Which of course would be a possibility if the offence carried a custodial sentence. But no matter how serious an occurrence is or how many times the offence is committed, it doesn't.

Ford transit luton 350 - 90% overload on 1 axle - gordonbennet

Sooner or before the message finally registers they'll be sharing a cell with big Mike,

Which of course would be a possibility if the offence carried a custodial sentence. But no matter how serious an occurrence is or how many times the offence is committed, it doesn't.

How do they stop persistent offenders, there must be some ultimate sanction of stopping people who won't be responsible.

We're not talking about a minor undestandable infraction here, ie previously legal load shifted inside a powder tanker due to being forced to brake heavily leading to some excess weight now sitting at the front of the sealed tank (this does happen and there isn't a lot you can do about it), the overloading in the OP is plainly irresponsible and dangerous for everyone who shares the road with him.

Ford transit luton 350 - 90% overload on 1 axle - Middleman

How do they stop persistent offenders, there must be some ultimate sanction of stopping people who won't be responsible.

The only sanctions the courts have is either:

  • penalty points: 3 is the maximum for these particular offences and where 2 or more offences are committed at the same time - as in this case - points are only imposed for one, or
  • immediate disqualification for a single offence. This is most unlikely until a number of a similar nature have been recorded and even then not guaranteed.

Of course an offender racking up twelve points within three years faces a "totting up" ban of six months, but, apart from an income-related fine, that's it.

There are very few motoring offences which attract custody. Off the top of my head I can think of:

  • Causing death by dangerous or careless driving
  • Dangerous driving
  • Most alcohol and drug related offences
  • Driving whilst disqualified
  • Failing to stop/report an accident.

There may be others but I can't immediately think of any. The rest attract fines only, plus, for many, the points/disqualification options similar to above.

Ford transit luton 350 - 90% overload on 1 axle - gordonbennet

Much obliged for that comprehensive reply Middleman.

Doubt we'll hear any more from this OP, but if the chap in the er similar situation updates the thread on the other forum in due course, i'll pass on what happens to him here for the interest of our forum members.

Ford transit luton 350 - 90% overload on 1 axle - Middleman

A slight amendment to my earlier answer. This offence attracts a mandatory disqualification if a second offence is committed within three years.

We may not hear any more from the OP on here but he has been posting his problem all over the place (and receiving largely the same answers).