Why we need Load Legal
Load Legal research notes
The number of commercial vehicles on Britain’s roads has reached the highest level in history.
Some 5,483,319 vans, trucks, buses and coaches were recorded in operation at the end of 2021, a 4.1% increase on the previous year.
Commercial vehicles now comprise 13.5% of the 40,506,971-strong national fleet following a bumper year for van registrations and a return to growth for trucks and buses.
Vans remain the most popular class of commercial vehicle in operation, comprising 4,804,833 units, accounting for 11.86% of all commercial vehicles in operation. This is up 4.3% from 2020.
The segment has enjoyed continuous growth since 2010. The average van on UK roads is now a record 8.7 years old, although there are significant regional variations.
Incidentally 96.30% of Vans are powered by Diesel, plug-in account for only 0.60% of the market.
(Source Motorparc Data) as published by the Society of Motor Manufacturers and Traders (SMMT)
Risks and penalties of overloading a van
Penalties for overloaded vans:
what are the legal limits?
According to the DVSA, eight in 10 vehicles are stopped because they are overloaded and 54% of vans are found with serious mechanical defects. This can have a serious consequences for businesses, as it’s estimated that between on-the-spot penalties and lost revenue, poorly kept, overloaded vans can cost a business up to £4,000 per day, a huge sum for a small business to absorb. So, the case of the overloaded van isn’t just a practical issue – it’s a legal one.
Source: DVSA
What penalties do owners
face for overloaded vans?
If an officer checks your vehicle and finds it to be above the maximum permitted vehicle weight – otherwise known as the model’s Gross Vehicle Weight (GVW) – you will be fined, and in the vast majority of cases, they will prevent you from driving any further.
How much weight can a van legally carry?
To find out how much weight you are allowed to carry in your van, you need to find out two things:
The van’s Gross Vehicle Weight (GVW)
The van’s kerb weight
A van’s kerb weight refers to how much the van weighs on its own, with a full tank of petrol but with no additional passengers or items.
You can find out your van’s GVW in its instruction manual or brochure – it is also normally printed inside the van itself, usually near the door latch.
Don’t Confuse GVW and GTW
GTW refers to the Gross Train Weight which is how heavy the vehicle is with a trailer attached.
Once you know your GVW and kerb weight, simply subtract the kerb weight from the GVW, and you will have the maximum weight you are legally allowed to carry in your van.
For example: a van with a GVW of 2240 kg and a kerb weight of 1415 kg would be allowed to carry up to 825 kg of additional weight.
How much can you be fined for an overloaded van?
Amount over limit
5%-10% £100
10%-15% £200
15-30% £300
More Than 30% Court Summons
Fine
5%-10% £100
10%-15% £200
15-30% £300
More Than 30% Court Summons
What happens if your van is
found to be overloaded?
If your van is found to be overweight, it’s likely the officer will also prohibit you from driving it any further by ‘immobilising’ it – attaching a steel chain around the wheels to physically prevent it from moving. To release it, you have to get rid of the excess weight that caused the issue and pay a further £80 release charge.
What are the risks of overloading a van?
An overloaded vehicle, or a payload that isn’t distributed correctly over the axles, behaves much differently on the road.
- The extra weight or uneven distribution of the load means
you’ll need longer braking distances - Steering is heavier, giving you less control
- The vehicle is slower to react in an emergency
- Excess weight on the tyres increases instability and steering problems
- Increased braking distances
In short, taking evasive action is more difficult, increasing the risk of being involved in an accident, injury or death for you or other road users.
Other impacts
There are many other reasons to avoid an overloaded vehicle:
- Impacts on Health and Safety of vehicle operator,
other road users and the general public to include
pedestrians etc. - An overloaded vehicle invalidates an insurance
policy, incurring all sorts of legal problems - Fines, penalty notices, or prosecutions arising from
roadside stops and inspections (Fines of up to
£5,000 can be imposed) - Police cautions or prosecutions, both the driver and
operator could be cautioned, incur penalty points
or be prosecuted for an overloaded vehicle. - In more serious cases, a prosecution could be
brought for Dangerous Driving under the Road
Traffic Act 1988, which carries a prison sentence of
up to two years if found guilty - If an overloaded vehicle results in a death, the
driver or operator could also be prosecuted for
Manslaughter or Death by Dangerous Driving,
leading to a much longer prison sentence and
unlimited fines
- Damage to a company’s reputation
- Extra weight leads to heavier fuel consumption,
increasing a vehicle’s running costs - Increased carbon footprint
- More wear and tear on the engine, and a shorter
vehicle life-span - Extra strain on the suspension, tyres, brakes and
engine increase a vehicle’s maintenance costs - Additional costs arising following having to
repair a vehicle following an accident - Delayed or missed deliveries mean lost revenue
to a business until the vehicle is released (also at
a cost) Due to immobilisation of the vehicle until
excess weight is removed - Roads and bridges have to be repaired at taxpayers’
expense, as they break down under the
weight
Losing your goods
operator license
An overloaded vehicle breaks the terms of a Goods Operator’s
Licence, which means there’s a risk of it being taken away,
restricted, suspended or not renewed.
Whose responsibility is it to ensure
a vehicle isn’t overloaded?
Anyone who has any part in operating, loading, reloading or driving a vehicle has a responsibility to ensure that it is not overloaded. The legal penalties arising from overloading can be applied to any single person in this chain, as well as multiple people.
Drivers and operators may not even be aware the van is overloaded, but that is not a sufficient excuse to escape legal and moral responsibility.
Several pieces of legislation can be brought to bear:
The Health & Safety at Work Act 1999, which places responsibility on employers to carry out risk assessments and have adequate policies and procedures in place to ensure
a vehicle is within the legal weight limit and thus, ensure the safety of the drivers who work for them.
The Road Traffic Act 1988, which places responsibility on the vehicle “user”, i.e. the driver, to make sure the vehicle is not overloaded.
The Road Vehicles (Construction and Use) Regulations 1986. This implicates anyone who loads or adjusts a load.
The regulations require that:
“…all parts and accessories and the weight distribution, packing and adjustment of their loads shall be such that no danger is likely to be caused to any person in or on the vehicle or trailer or on the road.”
Additionally, the regulations say:
“No motor vehicle or trailer must be used for any purpose for which it is unsuited as to cause or be likely to cause danger or nuisance to any person.”
UK accident statistics:
Every 16 minutes someone is killed or seriously injured on UK Roads. Annually there is 126,247 accidents on UK roads, equivalent to 346 every single day of the year.
Vans account for 11.86% of all vehicles on UK roads, pro-rata estimate would suggest that accidents including Vans, annually are 14,972, equivalent to 41 every single day of the year.
It could be argued, based on time spent on the road, and using the balance of probability that the number of accidents involving vans is greater than the pro-rata calculation.
Source: Department for Transport 2022
The law and how it is regulated
The police and the Driver and Vehicle Standards Agency (DVSA) enforce road traffic law. It places duties on transport managers, operators, and consignors to ensure that:
- vehicles are in good mechanical condition
- drivers are fit and competent to drive their vehicles
- passengers or loads carried on or in those vehicles are carried safely
There may be specific law and operator licence requirements on HGVs or public service vehicles that take priority over the general guidance on these pages.
The police lead investigations into road traffic incidents on public roads.
Employers have general duties under health and safety law on driving and riding for work. HSE usually only investigates if:
- the police identify that serious management failures contributed significantly to the incident
- the machinery that was part of the vehicle was at fault, for example trailer brakes on agricultural vehicles
You or your organisation could be prosecuted for Gross Negligence Manslaughter or under the Corporate Manslaughter and Corporate Homicide Act 2007 if:
- one of your workers is involved in a road traffic incident while driving for work and this results in the death of the worker or another person, and
- there is evidence that the death was caused by either a grossly negligent act or omission; or by serious management failures amounting to a ‘gross breach of a relevant duty of care’
HSE carries out driving at work inspection programmes in some high-risk sectors. If you are self-employed, the
law may still apply to you.
Get on board!
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