Introduction
Prosecutions for overloaded vehicles typically centre on whether the prosecution can prove that the vehicle was properly weighed and that the result is reliable (and, of course, that the weight exceeds the permitted limit).
This article provides an overview of how vehicle overload cases are typically assembled by the prosecuting authority, so operators and drivers know what to expect and what potential defence arguments may arise.
What does the initial prosecution evidence usually include?
The initial prosecution evidence disclosed to the defendant usually includes:
(a) A witness statement from the investigating officer(s) explaining why the vehicle was stopped and what the officer observed, as well as any details on how the vehicle was weighed; however, often the weighing procedure is not fully explained, which raises further questions for the defence, which I will address later in this article.
(b) A weighbridge ticket/printout showing gross and/or axle weights of the vehicle. The prosecution will also rely upon the officer’s opinion that the vehicle appeared overweight.
(c) Other documentary evidence, such as photos taken by the investigating officers, Notifications of the movement (if applicable), vehicle plates, roadside stop documentation etc.
Enforcement weighing is expected to be carried out in line with published guidance (commonly referred to in practice as the consolidated code of practice for enforcement weighing of vehicles). A comprehensive file of the prosecution evidence ought to include:
- An explanation as to how the Code of Practice was complied with (if this is the case)
- the required checks before weighing,
- prescribed method (including re-weighs where required), and
- tolerances/allowances applied in accordance with policy.
In practice, the investigating officer’s witness statements rarely detail how the Code of Practice was followed.
(d) Proof the equipment was fit for purpose
Calibration/maintenance records and verification that the weighing equipment was suitable for the vehicle type and weight range ought to be evidenced, but again, this is rarely provided at first instance.
(e) Continuity and record-keeping
Who produced the documents, where they were kept, and that nothing has been altered.
Common evidential arguments
The following evidential arguments can usually be made by defence teams:
- a) If prosecution witness statements don’t accurately describe the weighing procedure or describe steps that are not in accordance with the Code of Practice, this creates uncertainty as to the reliability of the measurement.
(b) Any witness statement supporting that the weighing equipment was properly calibrated should explain how it was calibrated. If there is no calibration certificate, or it has expired, this can also be raised by the defence.
(c) Unsuitable site or equipment
Uneven ground, gradients, poor setup, or doubts that the device was suitable for the weights/vehicle configuration (this can be particularly important for Special Types vehicles).
(d) A single weighbridge ticket with no photos, notes, body-worn video footage, or a clear link to the vehicle/axles provides little to no context as to the method of weighing.
(e) Gaps in the evidence – body-worn video footage, officer notes, site logs, or other important documents may exist but not be provided.
(f) Potential defences to alleged overload offences
Whilst this article does not cover potential defences to alleged overload offences, we urge operators and drivers to seek legal advice if charged with such an offence, as there may be defences available, in addition to evidential issues with the prosecution’s case.
(g) Check if the prosecution has correctly understood the permitted weight limit for the vehicle.
What should drivers and transport teams do at the roadside?
If it is safe and legal to do so, you should endeavour to take photos of:
- The vehicle configuration (axle groups, trailer, load position)
- The weighing location (surface, slope, approach)
- The weigh equipment/identifier, if visible
- The weigh ticket/printout
These photos should have notes accompanying them to clarify who carried out the weighing, the time and place of the weighing and anything unusual that you notice.
While you might feel frustrated in these circumstances, it is best to avoid arguing about technical law at the roadside.
What should you ask for if you are facing prosecution?
If you are charged with a vehicle overload offence, we recommend that you request early copies of:
- Weigh tickets/printouts
- Calibration/maintenance records for the device used
- Body-worn video/other footage
- Officer notes and any device/site logs
- A description of the weighing method used, and the procedure relied upon
The role of independent expert evidence
It may be appropriate to have an independent expert comment on the weighing methodology; an expert with the relevant experience and qualifications, who can provide evidence to challenge the reliability of the weighing procedure, will often strengthen the defence case. You usually require the court’s permission to adduce any expert evidence.
Alongside this, it may be worth gathering evidence of the vehicle’s plates, design weight limits, and configuration, internal load distribution calculations and load plans, and any manufacturer instructions on how the vehicle should be weighed.
What can operators do to reduce risk?
Whether the vehicle is operating under STGO 2003 or C&U 1986, there are some important considerations that operators should keep in mind.
You should clearly document load planning to demonstrate that you accounted for the load’s weight.
This can be supplemented with internal checks, where feasible, and would ideally include the vehicle’s weight before departure.
Operators can demonstrate compliance by maintaining accurate documentation and planning loads effectively to ensure adherence to weight limits.
If you need any advice and support with your legal rights and responsibilities, then our expert team is on hand to support you.
Our specialist team can support you with compliance awareness to ensure you are not caught out. Contact James Edes today for help.