Road Traffic Act 1961
Maximum weights.
12.—(1) The Minister may make regulations for all or any of the following purposes:
(a) specifying the maximum weight unladen of mechanically propelled vehicles, of vehicles drawn thereby and of combinations of vehicles;
(b) specifying the maximum weight laden of mechanically propelled vehicles, of vehicles drawn thereby and of combinations of vehicles;
(c) specifying the maximum weight to be transmitted to the ground or any specified area of the ground by any part of a mechanically propelled vehicle or of a vehicle drawn thereby;
(d) specifying the manner in which and the conditions under which any particular weights (other than weights unladen) prescribed by the regulations are to be ascertained.
(2) Different regulations may be made under this section—
(a) in respect of different classes of vehicles or of combinations of vehicles,
(b) for different circumstances.
(3) A person shall not use on a public road—
(a) a vehicle or combination of vehicles of which the weight unladen exceeds the maximum weight specified by a regulation under this section applying in relation to the vehicle or combination,
(b) a laden vehicle or combination of vehicles of which the weight as then laden exceeds the maximum weight laden specified by a regulation under this section applying in relation to the vehicle or combination F28[or indicated on a plate or certificate issued under section 11 of the Road Traffic Act, 1968, and in force in respect of the vehicle or combination], or
(c) a vehicle any part of which transmits to the ground a greater weight than the maximum weight specified in respect of such transmission by a regulation under this section applying in relation to the vehicle F28[or indicated on a plate or certificate issued under section 11 of the Road Traffic Act, 1968, and in force in respect of the vehicle].
F29[(4) (a) Where a person contravenes subsection (3) of this section he and, if he is not the owner of the vehicle or combination of vehicles, such owner shall each be guilty of an offence.
(b) A person who is guilty of an offence under this section shall be liable on summary conviction to F30[a fine not exceeding €2,000] or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.]
F31[(4A) Where a person contravenes subsection (3)(b) of this section and the load or loads were consigned to such person by one consignor alone, that consignor shall be guilty of an offence.
(4B) In a prosecution under subsection (4A) of this section it shall be a good defence for the consignor to prove—
(a) that it was not practicable for the consignor to estimate the laden weight of the vehicle or combination of vehicles, or
(b) that an estimate of the laden weight of the vehicle or combination of vehicles carried out by the consignor prior to the dispatch of the goods indicated that the weight of the vehicle or combination of vehicles did not exceed the maximum weight laden specified by a regulation under this section applying in relation to the vehicle or combination of vehicles.
(4C) In this section "consignor" means a person who engages the services of another person for the carriage by road of merchandise in a vehicle or combination of vehicles.]
(5) Where a person charged with an offence under this section is the owner of the vehicle or combination of vehicles, it shall be a good defence to the charge for him to show that the vehicle or combination was being used on the occasion in question by another person and that such use was unauthorised.
Annotations
Amendments:
F28
Inserted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. 169 of 1968.
F29
Substituted (18.07.1984) by Road Traffic (Amendment) Act 1984 (16/1984), s. 3(2), commenced on enactment.
F30
Substituted (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18(1)(a) and table part 1 ref. no. 1, S.I. No. 86 of 2007. A fine of €2,000 translates into a class C fine, not exceeding €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(3) and table ref. no. 1, S.I. No. 662 of 2010.
F31
Inserted (30.08.1999) by Road Transport Act 1999 (15/1999), s. 17(1), S.I. No. 264 of 1999.
Editorial Notes:
E204
A number of statutory instruments made pursuant to s. 11 of this Act were also made pursuant to this section. Where this occurred the relevant E-note in the annotations of s. 11 notes that the statutory instrument is also made pursuant to s. 12. These statutory instruments are not separately listed under this section.
E205
Offence under section designated fixed charge offence and penalties prescribed (27.10.2022) by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2022 (S.I. No. 526 of 2022), regs. 3, 4(a) and sch. 1 item 3, in effect as per reg. 1(2).
E206
Power pursuant to section and ss. 5 and 11 exercised (1.02.2018) by Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2018 (S.I. No. 23 of 2018), in effect as per reg. 2. Confirmed (31.07.2023) by Road Traffic and Roads Act 2023 (16/2023), s. 59(5), S.I. No. 392 of 2023.
E207
Power pursuant to this section and s. 11 exercised (1.06.2015) by Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2015 (S.I. No. 136 of 2015), in effect as per reg. 2. Confirmed (31.07.2023) by Road Traffic and Roads Act 2023 (16/2023), s. 59(4), S.I. No. 392 of 2023.
E208
Power pursuant to section exercised (19.12.2014) by Road Traffic (Weight Laden of 5 Axle Articulated Vehicles) Regulations 2014 (S.I. No. 608 of 2014).
E209
Power pursuant to section exercised (1.04.2013) by Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2013 (S.I. No. 43 of 2013).
E210
Penalty points in respect of certain offences under section relating to exceeding maximum weights, on payment of fixed charge and on conviction, imposed (3.08.2012) by Road Traffic Act 2002 (12/2002), s. 2 and sch. 1 part 1, S.I. No. 296 of 2012.
E211
Certain offences under Road Traffic (Construction and Use of Vehicles) Regulations 2003 ( S.I. No. 5 of 2003), made under this section, declared to be fixed charge offences and amounts set for fixed charges in respect of contravention (3.08.2012) by Road Traffic Acts 1961 to 2011 (Fixed Charge Offences) Regulations 2012 (S.I. No. 294 of 2012), reg. (5)(a) and sch. 1.
E212
Additional penalty prescribed for offence under section (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 15(1) and table, S.I. No. 169 of 1968, as amended by substitution of subs. (1) (18.07.1984) by Road Traffic (Amendment) Act 1984 (16/1984), s. 4(3), commenced on enactment, and as last amended by substitution of table (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 84, S.I. No. 255 of 2011.
E213
Previous affecting provision: certain offences under section designated fixed charge offences for purposes of Road Traffic Act 2010, part 3 (1.06.2017) by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2017 (S.I. No. 244 of 2017), regs. 4, 5(a) and sch. 1, in effect as per reg. 2; revoked (27.10.2022) by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2022 (S.I. No. 526 of 2022), reg. 5(a), in effect as per reg. 1(2).
E214
Previous affecting provision: power pursuant to section exercised (15.12.2011) by Road Traffic (Weight Laden of 5 Axle Articulated Vehicles) Regulations 2011 (S.I. No. 654 of 2011); revoked (19.12.2014) by Road Traffic (Weight Laden of 5 Axle Articulated Vehicles) Regulations 2014 (S.I. No. 608 of 2014), reg. 3.
E215
Previous affecting provision: power pursuant to section exercised (27.06.2011) by Road Traffic (Weight Laden of 5 Axle Articulated Vehicles) Regulations 2011 (S.I. No. 315 of 2011); revoked (15.12.2011) by Road Traffic (Weight Laden of 5 Axle Articulated Vehicles) Regulations 2011 (S.I. No. 654 of 2011).
E216
Previous affecting provision: power pursuant to section exercised (17.09.2010) by Road Traffic (Weight Laden of 5 Axle Articulated Vehicles) Regulations 2010 (S.I. No. 452 of 2010); revoked (27.06.2011) by Road Traffic (Weight Laden of 5 Axle Articulated Vehicles) Regulations 2011 (S.I. No. 315 of 2011), reg. 3.
E217
Previous affecting provision: power pursuant to section exercised (23.12.2009) by Road Traffic (Weight Laden of 5 Axle Articulated Vehicles) Regulations 2009 (S.I. No. 576 of 2009); revoked (17.09.2010) by Road Traffic (Weight Laden of 5 Axle Articulated Vehicles) Regulations 2010 (S.I. No. 452 of 2010), reg. 3.
E218
Previous affecting provision: power pursuant to section exercised (23.12.2008) by Road Traffic (Weight Laden of 5 Axle Articulated Vehicles) Regulations 2008 (S.I. No. 589 of 2008); revoked (23.12.2009) by Road Traffic (National Car Test) Regulations 2009 (S.I. No. 576 of 2009), reg. 3.
E219
Previous affecting provision: power pursuant to section exercised (18.12.2007) by Road Traffic (Weight Laden of 5 Axle Articulated Vehicles) Regulations 2007 (S.I. No. 829 of 2007); revoked (23.12.2008) by Road Traffic (Weight Laden of 5 Axle Articulated Vehicles) Regulations 2008 (S.I. No. 589 of 2008), reg. 3.
E220
Power pursuant to this section, ss. 11 and 13 exercised (16.01.2003) by Road Traffic (Construction and Use of Vehicles) Regulations 2003 (S.I. No. 5 of 2003). Confirmed (31.07.2023) by Road Traffic and Roads Act 2023 (16/2023), s. 59(1), S.I. No. 392 of 2023.
E221
Previous affecting provision: fine in subs. (4) increased (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 23(1)(a) and table part 1, ref. no. 1, S.I. No. 491 of 2002. Fine increased as per above F-note.
E222
Previous affecting provision: offence under section declared to be offence to which s. 103 applies and penalty prescribed (1.12.1996) by Road Traffic Act 1961 (Section 103) (Offences) Regulations 1996 (S.I. No. 319 of 1996), regs. 4(2), 6(b), in effect as per reg. 2; revoked (1.10.1997) by Road Traffic Act 1961 (Section 103) (Offences) Regulations 1997 (S.I. No. 396 of 1997), reg. 7.