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Special Types General Orders and vehicle overloading offences

Overloading vehicles and Special Types General Orders

Our latest transport law article explains how operators can still face overloading offences under a Special Types General Order (STGO).

Written by
Georgina Power
Georgina Power
Associate Solicitor

Recently, we’ve seen more enquiries from STGO load and mobile crane operators. They’re receiving Notices of Intended Prosecution for overloading offences. 

These prosecutions seem to arise from STGO loads being on roads during embargo times. 

What is a STGO and when is one used? 

Usually, a vehicle and its load must not exceed a certain weight or dimensions. These are set by the Road Vehicles (Construction and Use) Regulations 1986. These limits are also outlined in the Road Vehicles (Authorised Weight) Regulations 1998 

Under STGO regulations, non-compliant vehicles may be used on public roads. This includes mobile cranes and Abnormal Indivisible Loads (AIL). It also covers certain road recovery vehicles and engineering machinery.

What are embargo times and why are they set? 

Embargo times are set nationally based on yearly traffic and congestion data sets. An embargo aims to reduce traffic congestion on UK roads by restricting STGO load movements at specific times. 

How are embargo times enforced? 

Embargo times have been in place for several years, but enforcement of these restrictions is fairly recent. Operators usually receive a Letter of Non-Compliance for violating embargo times. However, repeated violations can result in prosecution for overloading. 

How do overloading offences occur? 

An overloading offence for an STGO load can occur when the vehicle operates outside of STGO regulations. In such cases, the vehicle defaults to operating under The Road Vehicles (Construction and Use) Regulations. This means that the maximum weight for a 6-axle articulated or drawbar combination is 44,000kg. For a rigid vehicle with 4 axles or more, the maximum weight is 32,000kg. 

Operating outside STGO regulations can occur due to incorrect details on a movement order. It can also result from missing or incorrect STGO signage on the towing vehicle. Operating outside embargo times can also violate STGO regulations.

I’ve received a Notice of Intended Prosecution for an overloading offence, what should I do?

The fines for overloading offences can be high so legal advice at an early stage is critical.

Please call our dedicated transport team today for a free initial consultation on 03456 465 465 or email enquiries@rotherabray.co.uk  

For more information about STGOs, please see this UK Government Guide. 

Disclaimer: This blog is for information only and does not constitute legal advice. If you need legal advice please contact us on 03456 465 465 or email enquiries@rotherabray.co.uk to get tailored advice specific to your circumstances from our qualified lawyers.

This blog originally appeared on specialist road transport website: Keep Me On The Road.

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