Road Traffic Act 1968

Obligatory penalty for excess weight.

15

15. F3 [ (1) Where

( a ) a vehicle exceeding 17,000 kilograms in weight laden (within the meaning of the relevant regulations), or a combination of vehicles of which such a vehicle forms a part, is used on a public road,

( b ) the owner is convicted of an offence under section 12 of the Principal Act in respect of such use, and

( c ) the excess weight during such use was not less than 1,000 kilograms,

the court which so convicted shall, in addition to any penalty which may be imposed under section 12 of the Principal Act (as amended by the Road Traffic (Amendment) Act, 1984) , impose on the owner so convicted a penalty fixed in accordance with the Table to this section. ]

(2) A penalty imposed under this section shall be paid to the road authority responsible for the maintenance of the road on which the offence was committed.

(3) Where a sum becomes recoverable under section 17 of the Principal Act and a penalty has been imposed under this section in respect of the same facts, the sum shall be reduced by the amount of the penalty.

(4) Where damages become recoverable under section 93 (8) of the Principal Act and a penalty has been imposed under this section in respect of the same facts, the damages shall be reduced by the amount of the penalty.

(5) In this section—

excess weight” means—

( a) in the case of a single vehicle, the excess of the weight laden (within the meaning of the relevant regulations) of the vehicle over the maximum weight laden of the vehicle specified by the relevant regulations applying in relation to the vehicle,

( b) in the case of a combination of vehicles, the excess of the weight laden (within the meaning of the relevant regulations) of the combination over the maximum weight laden of the combination specified by the relevant regulations applying in relation to the combination, together with the excess weight (if any) of each of the individual vehicles forming the combination as calculated in the manner specified in paragraph ( a);

relevant regulations” means the regulations for the time being in force under section 12 of the Principal Act.

F4 [ TABLE

Where the excess weight is not less than 1,000 kilograms

but is less than 2,000 kilograms

500

Where the excess weight is not less than 2,000 kilograms

but is less than 3,000 kilograms

1,000

Where the excess weight is not less than 3,000 kilograms

but is less than 4,000 kilograms

1,500

Where the excess weight is not less than 4,000 kilograms

but is less than 5,000 kilograms

3,000

Where the excess weight is 5,000 kilograms or more

5,000 ]

Annotations:

Amendments:

F3

Substituted (18.07.1984) by Road Traffic (Amendment) Act 1984 (16/1984), s. 4(3), commenced on enactment.

F4

Substituted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 84, S.I. No. 255 of 2011.

Editorial Notes:

E50

Previous affecting provision: table substituted (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 23, S.I. No. 491 of 2002; substituted as per F-note above.

E51

Previous affecting provision: table substituted (18.07.1984) by Road Traffic (Amendment) Act 1984 (16/1984), s. 4(4), commenced on enactment; substituted as per E-note above.