Mass offences for truck drivers in Australia:
What you need to know
In Australia, mass breaches are one of the most common heavy vehicle offences committed by drivers (or permitted by companies). These occur when a vehicle exceeds its allowed weight limits. While it might sound straightforward, the rules around mass limits are complex, and even a small miscalculation can result in hefty fines, even heftier for companies. For truck drivers, these penalties can disrupt your ability to work, causing serious financial strain.
At Big Rig Law, we specialise in helping truck drivers and companies defend against mass offences. We are here to provide the support and representation you need. Whether you’ve received a court attendance notice or received a fine in the mail, we’re here to help you navigate the legal system and minimise the impact on your livelihood.
What Are Mass Offences?
A mass offence occurs when a truck is found to be carrying more weight than legally allowed or is below the allowable gross mass limit but over on one or more axles or axle groups. These laws are designed to protect the safety of drivers, passengers, and the general public, as well as to preserve road infrastructure. However, the rules around mass limits can be tricky, with different limits applying based on the vehicle’s size, configuration, and purpose.
For example, axle group mass limits and gross vehicle mass (GVM) limits are just a few of the specific categories where trucks can exceed allowed weights. Even the load distribution plays a role in whether a truck is compliant or not, meaning a perfectly legal load on one truck might be illegal on another, simply due to weight placement.
When drivers or companies exceed these limits, they can be hit with substantial fines. Depending on the severity of the overloading, penalties can range from several hundred dollars to tens of thousands of dollars.
Why Do Mass Offences Happen?
While most truck drivers make every effort to comply with the law, mass offences often happen due to a number of factors:
- Inaccurate Weighing: Weighing equipment at loading docks may not always be accurate, leading to miscalculations.
- Load Shifts: During long trips, loads can shift, causing the truck to become overweight on certain axles.
- Pressure from Deadlines: Tight schedules can lead to rushed loadings where careful weighing and distribution are overlooked.
- Confusing Regulations: Different states and territories may have their own rules about mass limits, making compliance difficult when crossing borders.
At Big Rig Law, we understand these challenges and work with drivers to help defend against unfair fines and penalties.
What to Do If You’re Pulled Over for a Mass Offence
Being pulled over and found overweight can be stressful, especially if you’re unsure of the next steps. However, there are a few key protocols you can follow to keep yourself out of further trouble:
1. Stay Calm and Cooperative
When you’re pulled over, remain calm and polite with the enforcement officer. Arguing or becoming defensive can escalate the situation unnecessarily. Always provide your work diary and documents when requested.
2. Verify the Measurement
If you’re accused of exceeding the mass limit, ask the officer how the weight was measured. Was the truck weighed at a roadside weighbridge or using portable scales? If the scales used seem inaccurate, politely request for the vehicle to be re-weighed. Some portable scales may not always provide the most reliable results, especially on uneven surfaces.
3. Document Everything
Take notes and photos of the weighing process and the vehicle’s positioning. This evidence could be critical later on if you need to dispute anything later. Note down the officer’s name, the location, and any other relevant details. This helps build a stronger case if the fine is challenged in court.
4. Your Right to Remain Silent - Don’t Admit Fault
Roadside officers must caution you before interview and must gain your consent to record it on body worn camera. Remember, you have a right to remain silent. You can be cooperative without agreeing that you’re in the wrong. Simply note that you’re understand what has been advised and will be seeking legal advice.
5. Contact Big Rig Law
After the incident, contact Big Rig Law as soon as possible. We’re available 24/7 to provide immediate legal assistance and can help you understand your options. Whether it’s disputing the accuracy of the weighing or negotiating to reduce penalties, we’re here to guide you through the process.
Penalties for Mass Offences
The penalties for mass offences vary depending on the severity of the breach. Offences are typically categorised into minor, substantial, and severe breaches, with fines increasing based on how far the vehicle exceeds its weight limits. Penalties are multiplied by 5 for a corporation. Below is a breakdown:
- Minor Breaches: These are typically small overloading cases where the truck slightly exceeds the allowable mass. Fines for minor breaches can start at a few hundred dollars.
- Substantial Breaches: In these cases, the truck is significantly over the legal limit, and fines can reach into the thousands.
- Severe Breaches: Severe overloading is considered a serious offence and will likely lead to court action with fines in the tens of thousands of dollars.
Can You Dispute a Mass Offence?
Yes, mass offences can be disputed if you believe there has been an error in measurement. Even if you accept the vehicle was over mass, you can choose to go to court so that you can explain what happened and seek leniency on the penalty. Companies can dispute a “permit” offence if they can prove they were not the party responsible for the heavy vehicle or that the driver was operating outside the scope of his or her duties at the time of the offence. Big Rig Law has in-depth knowledge of the issues around mass breaches. We’ll review the details of your case, look for any errors in the enforcement process, and work to get your fine reduced or dismissed.
How Big Rig Law Can Help
At Big Rig Law, we understand the pressure truck drivers are under. A mass offence can put your job, your business, and your livelihood at risk. That’s why we’re here to provide immediate legal assistance. Here’s how we can help:
- Legal Representation: If you’re facing court over a mass offence, we’ll be there to represent you and fight for a fair outcome.
- Fine Reductions: In many cases, we can help reduce the severity of the fine or even have it dismissed entirely, especially if there’s a valid defence.
- Ongoing Support: We’re not just here for one-off cases. Big Rig Law offers ongoing legal support to truck drivers and transport companies, connecting you with compliance experts who can help you stay compliant and avoid future penalties.
Mass offences can be a major headache for truck drivers, but they don’t have to derail your career. By understanding the laws, following the right steps when pulled over, and having the right legal team on your side, you can minimise the impact of these charges. At Big Rig Law, we’re dedicated to being there when you need us most and helping you stay on the road.
Don’t face charges for a mass offence alone. Call Big Rig Law today and get the expert legal support you deserve.
