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Sanctions with excess weight

Current Legislation and Regulations

Carrying more load than authorized, depending on the vehicle being treated, means facing one of the penalties for excess weight reflected in the baremo sancionador del mitma (Ministry of Transport, Mobility and Urban Agenda) according to the LOTT which has been modified by Law 9/2013 in force as of July 25, 2013 according to Royal Decree 70/2019, which modifies the ROTT and other provisions, in force as of February 21, 2019. It is important to adapt to the current legislation to avoid possible penalties for excess weight, since this aspect is closely monitored by inspections and transportation safety.

What happens to an overweight vehicle?

A vehicle that is overweight or overloaded is exposed to less safety and a greater probability of suffering breakdowns. Therefore, when organizing a fleet of vehicles, traffic agents must take into account how much a vehicle can be loaded and what its Maximum Authorized Mass is, that is, 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 said vehicle, it will determine the type of sanction that is regulated, as we have previously indicated, by the Ministry according to a specific scale. The sanctions for excess weight are the following:

Minor penalties for excess weight

For minor offenses you can sanction between 301 € and 400 €.If your truck supports a Maximum Authorized Mass (MMA) less than 10 MT:
  • Exceeds the total weight between 6% and 15%
  • Some of the axles exceed their weight by 40% or 45%
If the vehicle has a MMA of between 10 Tm and 20 Tm:
  • Exceeds the total weight between 5% and 10%
  • Some of the axles exceed their weight by 30% or 35%
The heaviest vehicles are the most demanding, since if they have a MMA of more than 20 Tm:
  • Exceeds the total weight between 2.5% and 6%
  • Some of the axles exceed their weight by 20% or 25%
Excess weight has many penalties, since it can threaten safety and with these measures they ensure that shippers think twice about looking at the weights of vehicles and loads.

Serious penalties for excess weight

Serious misdemeanors can be sanction between 1,501 € and 2,000 €.If the vehicle has a MMA less than 10 Tm:
  • Exceeds the total weight between 15% and 25%
  • Some of the axles exceed their weight between 45% and 50%
If the truck has a MMA between 10 Tm and 20 Tm:
  • Exceeds the total weight between 10% and 20%
  • Some of the axles exceed their weight between 35% and 40%
If the vehicle has a MMA of more than 20 Tm:
  • Exceeds the total weight between 6% and 15%
  • Some of the axles exceed their weight by between 25% and 30%

Very serious penalties for excess weight

In the most extreme cases, very serious penalties can be imposed for excess weight that can range between 3,301 € to 4,600 €.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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Frequently Asked Questions about Overweight Penalties

What is the maximum legal truck weight in Spain and what happens if I exceed it?

Maximum weights RD 70/2019: 1) 2-axle rigid truck: 18t. 2) 3-axle truck: 26t. 3) 5-axle trailer: 40t (special 44t agricultural). 4) 6-axle articulated vehicle: 40t. Penalties for excess: 1) <5%: 200€. 2) 5-10%: 600-1.500€. 3) 10-25%: 1.500-3.000€. 4) >25%: €3,000-€15,000. Additional: retention until resolved (2-24h). Responsibility: Shipper is responsible for declared weight, carrier for compliance.

Who is responsible for overweight, shipper or carrier?

Joint liability under LCTTM: 1) Shipper: responsible for ACTUAL declared weight (must weigh correctly). 2) Carrier: responsible for legal compliance (must not exceed max even if shipper requests). In sanction: both can be fined. Shipper joint liability: significant excess can mean €3,000-15,000 fine to shipper + carrier. Preventive audit: weigh before loading always.

How do I verify the actual weight of my cargo before loading?

Five practical methods: 1) Own warehouse scale (investment €3-15K, ROI <12 meses). 2) báscula proveedor calibrada (verifica certificado calibración anual). 3) suma peso individual de cada bulto (precisión ±2%). 4) solicita pesado en hub origen del transportista (gratuito típicamente). 5) para envíos críticos: pre-carga con móvil certificada. empresa volumen>5,000t/year: own scale mandatory.

What consequences does significant overweight have for my business?

Five serious consequences: 1) Direct fine (€1,500-15,000). 2) Cargo hold on the road (delivery delay, possible contractual breach with end client). 3) Reputational damage with agency (may terminate contract). 4) CMR insurance premium increase if repeated. 5) Possible inclusion in offender register. Two offences in 12 months: agency may terminate contract or raise rates.

How do I avoid overweight in regular operation with several different pallets?

Five preventive practices: 1) Calibrated scale in warehouse (initial investment). 2) TMS software that warns if total weight exceeds planned vehicle limit. 3) Documented pre-load weighing procedure (2 people verify). 4) 5% safety margin below max limit (don’t push to 100%). 5) Random audit on 5% shipments with external weighing. Businesses with preventive systems: 0 weight penalties. Without: 2-5 fines/year in B2B with volume.

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