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It’s been a long time coming but the reduction of overloading tolerances for prosecution purposes has finally been amended as follows… 

(i) 5% on the permissible maximum axle and axle-unit mass loads, as referred to in Regulations 234 and 235, and on the minimum steering axle mass loads as referred to in Regulation 242 of the Road Traffic Regulations, 2000; and 
(ii) 2% on the permissible maximum vehicle and combination mass loads as referred to in regulations 236 and 237, and the maximum mass allowed on a group of axles in terms of regulation 241 (bridge formula) of the Road Traffic Regulations, 2000 

The start (implementation) date for the new tolerance was June 15,  2006 and Road Traffic Authorities were instructed by the National Overload Control Technical Committee (NOCTC) prior to the time to distribute pamphlets alerting heavy vehicle operators of the pending tolerance change and date. A lot of work also went into enhancing systems at weighbridges to enable effective law enforcement operations from the startup date. Correspondence has been sent by the National Department of Transport to all Directors of Public Prosecution alerting them of the change in prosecution guidelines and the implementation date. In other words, all is in place for the new tolerances to be effected. 

In light of this, FleetWatch asked our legislation correspondent Jack Webster, to take a look at what this means for operators and to highlight points that should be noted. Here are his views: 

As is the case with many aspects of our Road Traffic Legislation, there is a background dealing with "why certain decisions were originally made". During the latter years of the Provincial Road Traffic Ordinances, there was a list of doubts raised about the accuracy of the massmeter (weighbridges) used to determine the axle massloads of heavy vehicles. In light of this, the Authorities found themselves being challenged to prove the accuracy when prosecutions for overloading were defended in court. 

Initially, two figures were allowed above the prescribed maximum before prosecution, to allow any doubtful weighbridge inaccuracies: 

(i) 5% on gross mass, and 
(ii) 10% on the distribution between the axles.

Unfortunately, this was never introduced into Law; it was an agreed allowance not a tolerance. Also, unfortunately, the 10% allowance on distribution was abused and what was intended to be a concession became the rule. It was thus that the 10% was withdrawn and an allowance of 5% was applicable to both gross mass and axle masses. 

Now the Authorities have changed their minds and have decided to allow 5% on axle masses and 2% on gross mass uniformly throughout the nine Provinces - although we know that the Free State has been allowing only 2% on gross mass and 5% on axles. It is emphasised and must be clearly understood that these are not tolerances. They are allowances before prosecution. The 2% allowance applies to gross vehicle mass, gross combination mass as prescribed in Regulations 236 and 237 and loads on bridges as prescribed in Regulation 241. 

The 5% allowance applies to single axles, (including steering axles) and axle units as prescribed in Regulations 234, 235 and 242. And remember that if the actual measured massloads exceed the maximum prescribed, plus the allowance by 1%, the Law will revert to the prescribed maxima excluding the allowance. 

Finally, operators of heavy vehicles are urged not to include the allowances in their calculations to determine the legal payload of their vehicles, combinations and axle masses are those prescribed in the Road Traffic Regulations in which no mention is made of the allowances.