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Van Company Escapes with Light Fine Following 55% Overload!

The van in this case belonged to a removal company, represented in the Magistrates’ Court by Barrister Harry Bowyer. The van was stopped on the M6 overladen by 55%. The operator was caught out by the fact that he assumed that all 3.5 tonne vans have a similar payload whereas the van in this case when put on the weighbridge without a load on board weighed in at 3010 kilos leaving a payload of only 490kg.

The fines for overloading are draconian and are calculated on the turnover of the company. The level of the fine is set according to whether the overload is deliberate, reckless or negligent. The fine thus calculated covers the first 10% of the overload with a further 10% of the fine being added for each further 1% of overload. (If, therefore a van is overloaded by 90% and the original fine is £7500 the additional 80% will be 80 x £750 = £60,000 – on top of the original £7,500 fine!!!!) This is particularly hard on operators of small vehicles which are much easier to overload by large percentages than HGVs).

The operator and driver in this case escaped between them with fines totalling less than £5000.

Case Details

Case Name: Van Company Escapes with Light Fine Following 55% Overload!
Case Date: August 2022
Case Type (info): Magistrates' Court

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