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In Warwickshire both the Police the Trading Standards Service can enforce weight restriction orders under the Road Traffic Regulation Act 1984. However, environmental weight restrictions are particularly difficult to enforce due to the exemption they carry for vehicles requiring legitimate access, e.g. to deliver goods etc. Each vehicle must be stopped to check for this (but only the police can stop a vehicle).
Trading Standards officers can:
- carry out enforcement checks at weight restrictions, sometimes with the police present
- issue written first-time warnings to operators and drivers found breaking restrictions, in line with our compliance policy
- report companies and drivers found committing a second offence after a warning – this may result in them being taken to court
- work with our Freight officer, police, Vehicle and Operator Services Agency (VOSA) and Driver and Vehicle Licensing Agency (DVLA) to make sure restrictions are clearly signed and enforceable
- encourage local residents to report details of vehicles suspected of illegally using restricted roads by using a HGV monitoring form
- where possible, we contact operators of vehicles reported breaking restrictions to advise them of the restriction and encourage future compliance
- we notify the traffic commissioner of persistent offenders and any enforcement action we take (the commissioner uses this information in connection with issuing operator licences)
Trading Standards officers cannot:
- stop vehicles
- investigate an incident reported by a member of the public unless the vehicle registration number, with clear photographs, if possible. The date, time and any other details are provided in writing – this can be done by letter, email or the monitoring form
- investigate incidents involving foreign-registered vehicles
- take formal action (for example caution or prosecution) only on the basis of a vehicle being seen within a restriction
It is worth noting that although the Police and Trading Standards have the power to enforce weight restrictions and will accept complaints, there is no statutory duty to take enforcement action and they may not have the resource to do so.
If particular haulage companies can be identified, who continually use unsuitable roads as a through route when other, more appropriate, main routes are available Warwickshire County Council will attempt to contact them where resource allows. A Heavy Goods Vehicle Monitoring Form (PDF, 233.94 KB) has been created for use by local residents.
Further informing regarding HGV limits and routing.
- Related documents
- Contact us