Current Legislation and Regulations
Carrying more than the authorized load, depending on the vehicle being treated, means facing one of the penalties for excess weight reflected in the baremo sancionador of mitma (Ministry of Transport, Mobility and Urban Agenda) penalty scale according to the LOTT which has been amended by Law 9/2013 in force as of July 25, 2013 according to Royal Decree 70/2019, amending the ROTT and other provisions, in force as of February 21, 2019.
It is important to comply with current legislation to avoid possible penalties for overweight violations, as this aspect is closely monitored by inspections and transportation safety.
What happens to an overweight vehicle?
An overweight or overloaded vehicle is exposed to less safety and a higher probability of breakdowns. Therefore, when organizing a fleet of vehicles, traffic officers must take into account how much a vehicle can be loaded and what is its Maximum Authorized Mass, i.e., its MMA.
What is MMA? Excess weight of a vehicle is a transport fault that can be classified as minor, serious or very serious. Depending on the overload carried by the vehicle, this will determine the type of penalty, which is regulated, as mentioned above, by the Ministry according to a certain scale.
Penalties for overweight are as follows:
Minor penalties for excess weight
For minor offenses you can be fined between 301 € and 400 €.
If your truck supports a Maximum Authorized Mass (MMA) of less than 10 Tm:
- Exceeds total weight by 6% to 15%.
- Some of the axles exceed their weight by 40% to 45%.
If the vehicle has a MMA between 10 Tm and 20 Tm:
- Exceeds the total weight between 5% and 10%.
- Some of the axles exceed their weight by 30% to 35%.
The heaviest vehicles are the most demanding, since if they have a MMA of more than 20 Tm:
- Exceeds total weight by 2.5% to 6%.
- Some of the axles exceed their weight by 20% to 25%.
Excess weight has many penalties, as it can be a safety hazard, and these measures ensure that shippers think twice about looking at vehicle weights and loads.
Serious penalties for excess weight
Serious misdemeanors can be penalized between 1,501 € and 2,000 €.
If the vehicle has a MMA of less than 10 Tm:
- Exceeds total weight by 15% to 25%.
- Some of the axles exceed their weight by 45% to 50%.
If the truck has a MMA between 10 Tm and 20 Tm:
- Exceeds the total weight by 10% to 20%.
- Some of the axles exceed their weight by 35% to 40%.
If the vehicle has a MMA of more than 20 Tm:
- Exceeds total weight by 6% to 15%.
- Some of the axles exceed their weight by 25% to 30%.
Very serious penalties for excess weight
In the most extreme cases, very serious penalties can be imposed for overweight, ranging from 3,301euro to 4,600 euro .
If the truck has a MMA of up to 10 Tm:
- Exceeds the total weight by more than 25%.
- Any of the axles exceeds its weight by more than 50%.
If the vehicle has a MMA between 10 Tm and 20 Tm:
- Exceeds the total weight by more than 20%.
- Some of the axles exceed their weight by more than 40%.
If the vehicle has a MMA of more than 20 Tm:
- Exceeds the total weight by more than 15%.
- Some of the axles exceed their weight by more than 30%.
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