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Post by Tiggs Wed Sep 23, 2020 5:20 pm

I am heading towards a second application to maintain my driving license which I obtained in the early 1970's. Given the challenges of the pandemic I have been alerted to the reality that I might not get it done in time. As a consequence I have been looking at the legislation related to vehicle weights and what tolerances are available. Having read the relevant part of the DVSA roadside check documents I was interested to note that "DVSA examiners will allow a 5% leeway before issuing a fixed penalty or prohibition unless the relevant weight has been exceeded by 1 tonne or more". What I would like to get clarity on is what weight is used to calculate the 5%. If it is the gross maximum weight (3,500 kg) that would give me an additional 175 kg within the 5% tolerance. However, if it is the payload weight (380kg) it would only provide an additional 19kg.  I would be grateful for any comments.
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Post by FreelanderUK Wed Sep 23, 2020 6:18 pm

They will take it on the GVW of 3500kg , it would be very hard for them to know the payload weight

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Post by PLOUGHLIN Wed Sep 23, 2020 6:35 pm

Have you seen this latest notice on the Government Website?

"If your licence expires before 31 December 2020

Your driving licence or entitlement to drive will be automatically extended for 11 months if it’s due to expire between 1 February 2020 and 31 December 2020.

This is because of coronavirus (COVID-19). You will not receive a new licence.

The extension will start from the date your licence is due to expire."


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Same notice if you try to renew to retain C1/D1 rights.

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Post by Tiggs Wed Sep 23, 2020 7:45 pm

Thanks for your reply I have seen the information. My 73rd Birthday is in early January. To complete the appropriate form to maintain my C1 I need to see a doctor who is reluctant to do what is described as non urgent appointments. I feel confident that this can be worked out. I was just interested in the legal position of the 5% leeway. I am also considering increasing the payload, which I believe is not difficult on the Broadway
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Post by Roopert Wed Sep 23, 2020 9:08 pm

Tiggs wrote:I was just interested in the legal position of the 5% leeway.

The DVSA Guidance document is odd, because it actually states that it is not legally binding.

This guidance has been produced by DVSA after consultation with the Department for Transport and trade bodies.

It’s not legally binding on DVSA or their staff, but will normally be followed unless there are good reasons not to.

So in reality, DVSA could choose to ignore it if they wanted to!

But, if I read it correctly, the only likely outcome if you are checked at the roadside and found to be overweight in the range up to 5% over is that you will be told to transfer some of the payload to another vehicle before being allowed to continue? Of course, that could be inconvenient in itself, depending on where in the country you happen to be at the time!
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Post by PLOUGHLIN Thu Sep 24, 2020 9:56 am

Tiggs wrote:Thanks for your reply I have seen the information. My 73rd Birthday is in early January. To complete the appropriate form to maintain my C1 I need to see a doctor who is reluctant to do what is described as non urgent appointments. I feel confident that this can be worked out. I was just interested in the legal position of the 5% leeway. I am also considering increasing the payload, which I believe is not difficult on the Broadway
Tiggs

You could try D4 Medicals, they operate in Cardiff. Much cheaper than my GP (£125) when I used them last year (£50).

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Post by rventhusiast Thu Sep 24, 2020 3:50 pm

As I understand it ‘professional’ drivers will be given priority by DVLA for renewals so, even if renewal dates have been out back and a private company (rather than the GP) will undertake the medical quicker there may still be some delay in receiving the new licence. Given recent announcements about how long the present restrictions may last in there is considerable uncertainty about anything - and our experience thus far is that government departments appear to be the worst at getting things back up to speed. 

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Post by PLOUGHLIN Thu Sep 24, 2020 5:53 pm

Once your application is made, you can continue driving within your previous licence groups for up to a year, until your licence is renewed or rejected, provided a doctor has not told you to stop.

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Post by safariboy Thu Oct 01, 2020 5:38 pm

DVLA are not always slow.  I needed a C1 renewal in August and wanted an actual license because I intended to hire a car if we decided to go to Spain.  Having misinterpreted the website I did not have a medical and so they sent it back.  My doctor did one quite quickly and DVLA got the license back all within 3 weeks.
I was surprised but it certainly was good service.
My only complaint is that the telephone help line never answered
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Post by Tiggs Thu Oct 01, 2020 7:03 pm

Thanks for the message. I will make the application and hope for the best
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Post by ajrm Fri Oct 09, 2020 6:55 am

We PITiggs wrote:Thanks for your reply I have seen the information. My 73rd Birthday is in early January. To complete the appropriate form to maintain my C1 I need to see a doctor who is reluctant to do what is described as non urgent appointments. I feel confident that this can be worked out. I was just interested in the legal position of the 5% leeway. I am also considering increasing the payload, which I believe is not difficult on the Broadway
Tiggs
It should be just a paper exercise to increase your payload. We had a 2013 Broadway FB and had the vehicle max plated weight increased to 3700 kg. It then falls into the PHGV category with a substantial decrease in vehicle road tax. We used SVTech.

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Post by bolero boy Fri Oct 09, 2020 9:09 am

one thing to remember is that a 'paper' upgrade to increase the MTPLM to, say, 3650kg wont phyisically change the chassis, so the original axle weight maxima will still apply.
the issue of exceeding the rear axle weight of 2000kg will remain.
if VOSA apply a 5% leniency then this 'might' give you 100kg 'extra' but i wouldnt be risking it.
do you know exactly what the issue is with your vehicle's weight?
do you know the current total weight and axle loadings in full touring trim....loaded with both passengers, water, fuel, and all the kit you take with you?
unless you know these things it will all remain guess work.

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Post by ajrm Fri Oct 09, 2020 11:01 am

As above. The paper exercise will only allow your max plated weight to reach the total of the axles plated weight, but bear in mind the extra load needs to be distributed correctly. You really need to visit a weighbridge as bolero boy says.  VOSA is not under any obligation to be lenient with overweight vehicles. The 5% allowance would generally only be given in exceptional circumstances, so don’t rely on getting away with it.

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Post by Tiggs Fri Nov 13, 2020 5:08 pm

Doctor did the medical on 27th October. Medical Form was signed off and sent to the DVLA on the same day. License was returned today and I am able to continue driving vehicles above 3500kg until my 76th birthday. I intend to have rear air suspension fitted and the vehicle re-plated to provide a little more payload. Looking forward to being able to get away in the vehicle some time next week. Thanks to everyone for their comments.
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Post by Jansellsbond Mon Nov 16, 2020 6:38 pm

Has anyone on this site personally been nabbed and taken to the weighbridge?  We have driven our motorhomes over 100,000 miles in more than 37 countries and have never even been asked about payload, gvw, payload weight or mpm in all that time.
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Post by Caraman Tue Nov 17, 2020 8:20 am

Jansellsbond wrote:Has anyone on this site personally been nabbed and taken to the weighbridge?  We have driven our motorhomes over 100,000 miles in more than 37 countries and have never even been asked about payload, gvw, payload weight or mpm in all that time.
I've never been nabbed but I am sure I would if my tow car or motorhome had been involved in an accident.
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Post by ajrm Fri Dec 25, 2020 10:27 pm

They are getting a lot stricter on the continent with motor homes weights. Police in France and especially Germany ( and possibly elsewhere, including the UK) have mobile weight measuring devices. 
Apart from it being illegal to drive an overweight vehicle, it could also be dangerous. If you are involved in an accident in an overweight vehicle, and there is a serious injury, you could find yourself receiving a much higher penalty as well as a prosecution for dangerous driving and or a vehicle in a dangerous condition.

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Post by Paulmold Sat Dec 26, 2020 9:05 am

Overloaded, never.......

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Post by Roopert Sat Dec 26, 2020 12:02 pm

Non-UK plate, though, so that fine will probably never get paid!
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Post by gemdeco Sat Dec 26, 2020 4:01 pm

Hi Everyone
            The problem we have with vehicle weights is two fold. Most MotorHomes are by the manufactures based on the 3500kg chassis giving most drivers a license a drive without the need to take a test most of these vehicles with a few exceptions are actually a commercial 3800kg or even 4000kg chassis so often no modifications are required to up plate it. So while if we are overweight we may not technically be overloading,We are technically be breaking the law because we are driving a vehicle heavier than our license allows if the do not have a C1 license. PLEASE NOTE before you put fingers to the keyboard that I do not advocate breaking the law just trying to point some of it's nonsense. I have a new Mercedes Sprinter MH is was advertised at 3500kg but with the auto gearbox it was advertised at 3880kgs to give a good working payload. I wanted the Mercedes,The dealer put it on a weighbridge I did my sums and decided if we cleared out all the clutter and was careful with the amount of water carried,it would work at being registered at 3500kg. I now have a Motorhome with two weight plates on it 3880kgs and 3500kgs I may put a bit of black tape over one.It is legal for me do drive if I do not retain my C1 license next year, If I do I can change it back to 3880kgs save on road tax, but where is all the logic it is the same vehicle two class's license to drive it.
regards
Alan
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