1. About this policy
1.1. This policy explains how Essex Trading Standards will approach enforcement of Weight Restriction Orders and forms part of, and should be read in conjunction with, the Essex County Council Trading Standards Enforcement Policy.
1.2. The flowcharts on the following two pages
outline the process that will be followed when investigating contraventions of both environmental weight restriction orders (put in place to prevent heavy goods vehicles using unsuitable roads on the grounds of safety, noise, pollution, etc.) and structural weight restriction orders
(implemented to protect weak bridges, roads and culverts from damage). The fundamental aim of this policy is to ensure a consistent and fair approach to enforcement that reflects the seriousness of the contravention under investigation.
2. Enforcement Action
2.1. We will only resort to taking formal legal action against drivers who repeatedly breach weight restriction orders. This policy is only varied when a driver of a vehicle with a maximum permissible weight in excess of 7.5 tonnes contravenes a 3.0 tonne structural weight restriction order. In these circumstances consideration will be given to proceeding directly to prosecution due to the seriousness of the contravention.