Weight Restrictions

Introduction

A large number of roads and bridges in this country are subject to Weight Restriction Orders to protect them against damage. These Orders make it an offence (subject to certain exemptions) to drive a vehicle through the restricted area where the vehicle exceeds the weight limit imposed. Swarkestone Causeway has a weight restriction of 7.5 tons.

Why have Weight Restriction Orders?

Orders are intended to protect old or weak bridges and structures like Swarkestone Causeway, but they can also bar heavy vehicles from areas unsuitable for their size or if they pose a danger (i.e. narrow village roads, roads adjoining schools, etc.). Derbyshire County Council’s Trading Standards Service is one of the agencies given the task of enforcing these weight restrictions.

Neighbourhood Weight Watch Schemes

Some local authorities have Neighbourhood Weight-Watch Schemes designed to involve local residents in protecting their own environment and to enable them to target the council's resources at problem sites.

They can investigate complaints and where necessary check the weight restricted area and ensure that the Order and signage are correct and clear. Local residents can use one of their pro-forma sheets to report suspected infringements. They liaise with the local Neighbourhood Weight Watch co-ordinator to ensure that appropriate action is taken.

What action can be taken

The County Trading Standards officers consider reports from residents and investigate if it appears offences have been committed. This may lead to prosecution of offenders in the Magistrates Court. Written statements may be required from the resident witnessing or reporting the incident.

Legal Considerations

*Weight Restriction Orders are made by the County Council. They are enforced by the County Council and the Police.
*A breach of a Weight Restriction Order constitutes an offence under the Road Traffic Regulation Act 1984. The maximum penalty for each offence is currently £1,000.
*The relevant weight of a vehicle specified in a Weight Restriction Order is usually the maximum permitted gross weight (as detailed on its plating certificate). However an offence can be committed even if the vehicle is unladen. In extreme circumstances the weight restriction can relate to individual axle weights of the vehicle.
*Most Orders do, however, allow certain vehicles to use restricted roads. This may be for the purposes of making a delivery to/from a premise in the restricted area, or for building, industrial or demolition operations etc.

Derbyshire

Derbyshire has no Neighbourhood Weight Watch groups, as far as I know, and prosecutions seem to be rare as the council only has one officer dealing with issues like this in the whole county.

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Note: I am indebted to Oxfordshire and Staffordshire CCs for this information.