Weights

Find out some of the main weight related offences relevant to commercial vehicles.

Legal instrument Offence description Penalty

Road Traffic Act 1961

Section 12 (4)

Maximum gross weight

Contravention of s.12(3)  - use by user or owner on a public road of a vehicle exceeding maximum weights specified by regulation made under s.12

Both the owner and driver are subject to overweight penalties and enforcement of this legislation is carried out by An Garda Síochána. Since 3rd August 2012 the driver of an overweight vehicle will receive one penalty point on payment of a €200 fixed charge within 28 days of the date of the fixed charge notice (increasing to €300 in subsequent 28 day period) or three penalty points on conviction in court. Where a member of the Garda Síochána reasonably believes that a fixed charge offence has been or is being committed by a person, the member can serve a fixed charge notice on such person. Where the garda cannot identify the person responsible for the breach of the legislation, he or she may serve the fixed charge notice on the registered owner of the vehicle and the registered owner has 28 days in which to give to the Garda Síochána the name and address of the person who was driving the vehicle at the time of the offence or else make the payment specified in the fixed charge notice.

Court prosecutions should not take place unless a fixed charge notice has been issued and subsequently not paid On conviction, the courts can then impose on the owner of the vehicle a class C fine (up to €2,500), a prison sentence or both.  If convicted the vehicle owner (provided the conviction relates to the operation of a vehicle with a laden weight exceeding 17 tonnes) will also have further penalties payable to the appropriate Local Authority and details of these can be found on our dedicated webpage on Weights & Dimensions

SI No. 224 of 2000

Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 2000
Regulation 4

Maximum axle weight

Contravention of provisions of Regulation 4 - maximum weight requirements for vehicle axles.

Both the owner and driver are subject to overweight penalties and enforcement of this legislation is carried out by An Garda Síochána. Since 3rd August 2012 the driver of a vehicle with an overweight axle will receive one penalty point on payment of a €200 fixed charge within 28 days of the date of the fixed charge notice (increasing to €300 in subsequent 28 day period) or three penalty points on conviction in court. Where a member of the Garda Síochána reasonably believes that a fixed charge offence has been or is being committed by a person, the member can serve a fixed charge notice on such person. Where the garda cannot identify the person responsible for the breach of the legislation, he or she may serve the fixed charge notice on the registered owner of the vehicle and the registered owner has 28 days in which to give to the Garda Síochána the name and address of the person who was driving the vehicle at the time of the offence or else make the payment specified in the fixed charge notice.

Court prosecutions should not take place unless a fixed charge notice has been issued and subsequently not paid On conviction, the courts can then impose on the owner of the vehicle a class C fine (up to €2,500), a prison sentence or both.  If convicted the vehicle owner (provided the conviction relates to the operation of a vehicle with a laden weight exceeding 17 tonnes) will also have further penalties payable to the appropriate Local Authority and details of these can be found on our dedicated webpage on Weights & Dimensions

 

The table above should not be treated as a legal interpretation of any law requirements. It is a matter for each operator, owner and driver to ensure that he or she complies with the applicable law.