Overmass

Over Mass Offense: What Truck Drivers and Operators Need to Know

Over Mass offenses are a significant concern for truck drivers, transport operators, and truck companies in Australia. Governed under the National Heavy Vehicle Law (NHVL), an Over Mass offense occurs when a heavy vehicle exceeds the legal weight limits imposed by law. These regulations are designed to protect road safety and infrastructure, but they can lead to heavy penalties for professional drivers and transport companies who rely on their vehicles to earn a living.

What is an Over Mass Offense?

An Over Mass offense happens when a heavy vehicle, such as a truck, carries a load that exceeds the maximum allowable weight limit. The weight limits depend on factors such as the type of truck, load distribution, and the specific road being used. The law aims to ensure that vehicles operate safely and within the limits designed to protect roads and other drivers.

Common Over Mass offenses include:

Exceeding the gross vehicle mass (GVM).
Overloading specific axles.
Incorrect load distribution.

How Do Over Mass Offenses Typically Occur?

There are several reasons why truck drivers or truck operators may unknowingly commit an Over Mass offense:

Miscalculating the load weight or misunderstanding distribution rules.
Pressure from transport companies to carry heavier loads to save on costs.
Lack of proper access to weighing equipment or weigh stations.
Changes in the weight of the load during transit, such as moisture absorption in goods like grain or timber.

For example, a truck driver transporting goods across states may face an Over Mass violation if the vehicle exceeds the allowable weight limits due to unforeseen circumstances or incorrect loading procedures. Even minor excesses can lead to significant penalties.

What Are the Penalties for Over Mass Offenses?

Penalties for Over Mass offenses under the National Heavy Vehicle Regulator (NHVR) can range from fines to more serious consequences, depending on the severity of the breach:

Minor Breach: Small weight excesses can result in fines or infringement notices.
Substantial Breach: Larger excesses may lead to more substantial fines or court prosecution.
Severe Breach: Major overloading can result in heavy fines, legal actions, and potential loss of driving privileges for truck drivers and truck operators.

These penalties can cost truck companies and drivers thousands to tens of thousands of dollars, and repeat offenses can result in even harsher consequences.

How Heavy Vehicle Lawyers Can Help

At Heavy Vehicle Lawyers, we are experienced lawyers that represent truck drivers, truck operators, and transport companies facing Over Mass charges. We work exclusively in this complex area of National Heavy Vehicle Law and can help you understand your rights, fight penalties, and keep you on the road.

Our team will:

Analyse weigh station evidence and load calculations to identify any inaccuracies.
Investigate whether external factors contributed to the Over Mass offense.
Represent you in court to minimize penalties and seek the best possible outcome.

We understand that your truck is more than just a vehicle—it's your livelihood. As lawyers that represent truck drivers, we are dedicated to helping you fight Over Mass charges and maintain your ability to work.

If you've been charged with an Over Mass offense, contact Heavy Vehicle Lawyers today for a free consultation. We’re here to protect your rights, your license, and your livelihood.