Penalties for overloaded vans – what you need to know

With even the most heavy-duty model of van, heavy loads can create problems, but there are also legal issues to be aware of.

Vans that are carrying excess weight can constitute a serious hazard for the driver and other drivers, which has led to the authorities cracking down on the issue and penalties in place.

Vans, lorries, buses and coaches can all be stopped and checked by the Police and the Vehicle Operator Services Agency (VOSA). If the model’s Gross Vehicle Weight (GVW) is above the maximum permitted, fines will be given and in most cases, the driver will be prevented from driving any further.

In order to calculate the maximum weight that is allowed to be carried, the van’s GVW and kerb weight must be measured. The van’s GVW can be found in its instruction manual or brochure, and is normally printed inside the van itself, usually near the door latch. A van’s kerb weight refers to how much the van weights on its own, with a full tank of petrol but with no additional passengers or items, and can also be found in the instruction manual.

By subtracting the kerb weight from the GVW, the number left is the maximum weight allowed to be carried.

If a Police or VOSA officer finds a driver to be carrying over the legal maximum weight, a fixed penalty fine will be issued, with the amount dependent on how much the vehicle has gone over the legal limit. If the van is overloaded to a point where it is a real hazard to other road users, the driver can be charged with dangerous driving and the offence may carry a prison sentence.

Between 5-10% over the limit will result in a £100 fine. If the vehicle is between 10-15% over the limit, the fine will be £200 and between 15-30% will result in a £300 fine. Over 30% will result in a court summons.

In the case of the vehicle being overweight, it is likely that an officer will prohibit the driver from any further driving by immobilising it- attaching a steel chain around the wheels to physically prevent it from moving. By paying an £80 fine, and relieving the van of the excess weight, the van will be released.

In certain circumstances related to the load being carried, such as drivers of a minibus who are carrying passengers, the vehicle will not be immobilised due to passengers being stranded.

 

 

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